Rights and Access to Plant Genetic Resources under India's New Law

Recognition of ‘Farmer's Rights’ is an attempt by developing countries to evolve a counterclaim to breeders' Intellectual Property Rights (IPRs) promoted under the TRIPs Agreement of the WTO. India is one of the first countries to have granted rights to both breeders and farmers under the...

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Bibliographic Details
Published in:Development policy review 2004-07, Vol.22 (4), p.423-442
Main Authors: Ramanna, Anitha, Smale, Melinda
Format: Article
Language:English
Subjects:
Agribusiness
Developing countries
Development studies
Economic development
Farmers
Genetics
India
Intellectual property
Law
LDCs
Legislation
Policy studies
Rights
Studies
Trade agreements
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Summary:Recognition of ‘Farmer's Rights’ is an attempt by developing countries to evolve a counterclaim to breeders' Intellectual Property Rights (IPRs) promoted under the TRIPs Agreement of the WTO. India is one of the first countries to have granted rights to both breeders and farmers under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This multiple rights system aims to distribute rights equitably, but may pose the threat of an ‘anticommons tragedy’ i.e. too many parties independently possessing the right to exclude others from utilising a resource. If under‐utilisation of plant genetic resources results, the Act will have negative consequences for sustaining crop productivity and for the welfare of the very farming communities it seeks to compensate.
ISSN:0950-6764
1467-7679
DOI:10.1111/j.1467-7679.2004.00258.x