Abstract

TRIPS AGREEMENT OF WTO AND INDIAN AGRICULTURE

Dr. Pulapalli Venkataramana

Volume: 6 Issue: 3 2016

Abstract:

Agriculture Policy has experienced a number of changes during the last two decades. This is due to liberalisation and globalization of Indian Agriculture. These policy changes are initiated in the later years of 1980's and early years 1990's, but are accelerated during later years of 1990's with India's joining in WTO. Among other important policy changes that occurred, include, India has recognised the importance of intellectual property rights to protect plant varieties. The new IPR regime has brought two important and far reaching changes in India. Firstly, the scope of the IPR regime is widened and secondly the rights of the owners of intellectual property made stronger. The extension of IPR regime to agriculture on improved varieties of plants is considered as widening the ambit of IPRs. The Agreement on TRIPs required the countries to introduce either new patent regime or an affective Seri generis system on plant varieties. All the member countries have to legislate laws pertaining to the protection of Plant Breeder Rights (PBR's) which are internationally recognized through UPOV (International Union for the protection of new plant varieties)¹. Normally, farmers develop new varieties of plants and in some cases; farmers provide source material to the Breeders for the development of new varieties. Hence, there is a need to balance between the Plant Breeders Rights (PBR's) and farmers rights. The TRIPs agreement in conformity with UPOV 1991 conventions claim to have made this balance.

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