PROBLEMS AND CONCERNS OF FARMERS RIGHTS UNDER IPR

Abstract

Farming communities are entitled to reward and need encouragement and support for continuing their efforts in enhancing biodiversity. This biodiversity is vital for the future food security of the world. It is also favourable for sustainable agriculture and environment friendly development of the world. At international level many conventions have been convened for the purpose of addressing the issues concerning the ownership of and access to plant genetic resources. Many provisions and concepts in the international agreements concerning the subjects like, International Undertaking, Union International Pour Law (UPOV), and Conservation on Biological diversity and Trips broadly inform, and directly constitute, key elements of India’s legislation on Plant Variety protection and Farmers rights. Being a member of WTO, India enacted a separate sui generis legislation for this purpose rather than on Patent system. Indian legislation is unique legislation as it seeks to put Farmers right at par with those of Breeders. But some provisions related to Farmers rights are not clear and some other proves counterproductive to Farmers. Therefore there is a need to cure these deficiencies and to make it more effective.