Community-based Rights and IPR Regime : Revisiting the Debate

This paper examines whether the Protection of Plant Varieties and Farmers Rights Act 2001 along with the proposed Seed Bill fulfills Indias obligations under Article 27.3 of TRIPS. Further, the paper analyzes the benefits India is likely to derive from fulfilling these obligations. Thus, Part I examines Article 27.3 of TRIPS to analyze the constituents of the effectiveness requirement of the article. In analyzing whether the sui generis system in UPOV is effective, Part II details that UPOVs effectiveness is questionable considering that it has diluted eligibility standards, exaggerated scope of breeders rights, and limited exceptions to breeders rights. Part III, examines the effectiveness of PPVFA and the proposed Seeds Bill. This part concludes that India should refrain from enacting the Seeds Bill but should, instead, strengthen the PPVFA by plugging existing loopholes to achieve national objectives. The conclusion highlights PBRs per se can potentially lead to increased research in agriculture despite the resulting privatization/monopolization.