Intellectual property rights, farmer's rights and plant genetic conservation: An overview

Abstract

The Indian Patents Act of 1970 excludes all living organisms from the scope of patent ability. However, under the Trade Related Intellectual Properties (TRIPs) negotiated under GATT the government is bound to provide some form of protection to plant varieties. Accordingly, the government has drafted a legislation Plant Varieties Act 1993 . Farmers in some parts of the country protesting against the GATT negotiations directed their ire against the multinational seed companies. They took out a big rally in Delhi. Farmers organizations in the past have wrested many concessions from the government on prices, electricity tariff, credit, irrigation cess etc. At least on two occasions in the past they proved they could swing the electoral fortunes in favour of a particular party. The political parties would hardly afford to antagonize them. Caught between the GATT agreement and the disgruntled farmers the government has few options. The public sector research institutions should be strengthened and they should continue to provide seed to the farmers at reasonable prices in order to prevent few companies dominating the scene in the post IPR period. There should be increased South cooperation in sharing the genetic materials and the fruits of research. Access to the germplasm in India to the private seed companies must be made contingent upon sharing the variety developed on preferential basis.