Please use this identifier to cite or link to this item: http://nopr.niscair.res.in/handle/123456789/19462
Title: IPR and Seed Industry
Authors: Ghosh, Syamal Krishna
Virupakshappa, K
Singh, M Shyamsunder
Sadananda, A R
Issue Date: Mar-2001
Publisher: NISCAIR-CSIR, India
Abstract: Intellectual Property Rights (IPR) and Plant Breeders' Right (PBR) are the most discussed and debated issues in the context of present day agriculture and seed industry. PBR is the right of the breeder to enjoy the benefits for a restricted period out of his novel and distinct cultivar. The WTO also provides that plant varieties must be protected by patents or by sui generis system such as PBR provided under the UPOV, in which variety must have the novelty, distinction, uniformity and stability. The total cultivated areas under most crops are declining or stagnating and the yield performance of the seeds now used are below the potential. This led to the introduction of hybrid varieties by the government, private sector seed industries and farmers. With the increasing role of private seed companies, the private sector's share is now more than 60% and the rest is contributed by the public sector. But with the intensification of IPR and PBR issues, the seed industry is moving through merger and acquisition phase to sustain future growth and to adopt new technologies by investing more in the R&D. TRIPS Agreement puts forth a test on PBR as it stipulates: "members shall provide for the protection of plant varieties either by patents or an effective sui generis system or by any combination thereof’’. UPOV conventions of 1978 dealt with lights of farmers, researchers and breeders, and 1991 convention directed towards breeders and placed restriction on the right to use of farm-saved seeds by farmers. The Indian Plant Variety Act (PVA) has considered both the Acts, in some of the aspects with some additional features. The PBR legislation must be simple and its implementation cost-effective and less-time consuming, as the seed companies in developing countries are typically small. The revised IPR situation may give boost to the scientific community, seed companies and put India in a respectable position in the global business arena as well as encourage inventions to make the Indian scientists competitive.
Page(s): 109-120
URI: http://hdl.handle.net/123456789/19462
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Appears in Collections:JIPR Vol.06(2) [March 2001]

Files in This Item:
File Description SizeFormat 
JIPR 6(2) 109-120.pdf2.12 MBAdobe PDFView/Open


Items in NOPR are protected by copyright, with all rights reserved, unless otherwise indicated.