.

FARMERS’ RIGHTS UNDER PLANT VARIETY PROTECTION (PVP) LEGISLATION IN INDIA: A CRITICAL STUDY

Ms. Sophy K.J.* 

This study intends to analyze ‘why we need a law that concern with rights of farmers’ and whether such a protection helps in conservation of protection of plant varieties in India. Farmer is the first link in the food security especially in countries like India where 70% of population engaged in agrarian based activities. The vast majority of farmers still act as stewards and innovators of genetic diversity[1]. Recognizing and rewarding them is significant considering their vast practical knowledge in conserving and improving plant genetic resources to adapt to climate change and environmental changes. Therefore farmers’ knowledge, skill and innovation have to be protected in the parlance of Intellectual Property Rights. The study will also look into the history of evolution of concept of farmers’ rights in India till its materialization. It is highly significant to look into reasons behind adoption of a sui generis legislation in India for protection of plant varieties. Indian legislation has become a history by synchronizing both farmers’ rights and breeders’ rights in our legislation. This paved way for protection of traditional plant varieties and wild species disappearing due to inadequate protective measures. However this study is also an endeavor to point out inadequacies in the legislation in providing full proof protection to the farmers’ agricultural knowledge in India.

  1. INTRODUCTION

Farmers’ rights are very crucial in developing countries like India to ensure present and future food security where the farmers are majorly responsible for development of vast genetic diversity resources through keen observation and intelligence. The farming communities across the world have been following, since time immemorial, the practice of sharing of knowledge and resources. Sharing of seeds among farmers, for example, constitutes perhaps the most important part in these traditional agricultural practices. But unfortunately the developers of this wealth remained invisible in trade and commerce and their resources have been utilized by Private Agrarian Sector. They were not either consulted or benefited or not even informed while detraction of their centuries’ worth toil and results. With the advent of Intellectual Property Regime, ownership rights vested with the Multi-national Companies (MNCs). They deliberately used the resources of poor and uneducated farmers of developing nations for their monetary gain. The poor farmer remained poorer in this bargain and they lost their means of livelihood as they have to buy seeds at fixed prices maintained by the private companies. This sudden shift from ‘commons’ approach to ‘anti-commons’ approach has affected socio-economic political status of the farmers. This point is analyzed in ‘Conceptual Analysis of ‘Farmers’ Rights’.

Content is available only for registered users. Please login or register

Enhanced by Zemanta

0 responses on "FARMERS’ RIGHTS UNDER PLANT VARIETY PROTECTION (PVP) LEGISLATION IN INDIA: A CRITICAL STUDY"

Leave a Message

© 2012 - 2017 | RostrumLegal