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Title: Effectiveness of Indian Sui Generis Law on Plant Variety Protection and its Potential to Attract Private Investment in Crop Improvement
Authors: Ravi, S Bala
Keywords: Sui generis
plant variety protection
TRIPS Agreement
PBR
CBD
PPVFR Act
Issue Date: Nov-2004
Publisher: CSIR
Abstract:  Effectiveness of sui generis system of plant variety protection has become contentious in the absence of its definition in Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. India legislated the sui generis law, the Protection of Plant Variety and Farmers’ Rights in 2001 and notified its rule in 2003. However, the Act is yet to be enforced. Effectiveness of legislation depends on the clarity and scope of its legal provisions, associated rules and regulations. The manner in which these are implemented also contributes to the effectiveness. An examination of this Act and its rules by applying certain de minimis requirements essential to ensure effectiveness of an IPR system, concludes that the Act is effective in design and scope. Certain omissions in the rules may affect this effectiveness. The Act, apart from being effective under the flexibility allowed by TRIPS Agreement, also harmonizes other national commitments India has from international agreements on domestic biodiversity, plant genetic resources for food and agriculture, economic, social and cultural rights, human rights and right to development. This paper examines the potential of this legislation in spurring private investment in Indian plant breeding, strengthening seed industry and making available quality seed to farmers for achieving all round agricultural development. The Act may facilitate enhanced private investment in selected crops and seed supply systems, while strengthening of public research is imperative to achieve balanced agricultural growth and access of technology to farmers at competitive cost.
Page(s): 533-548
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(6) [November 2004]

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