PLANT VARIETY PROTECTION LEGISLATION: OVERVIEW OF AN INDIAN AND AFRICAN PERSPECTIVE
Plant Variety Protection (PVP) legislation provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders to encourage the development of new varieties of plants. The TRIPS agreement has established the minimum standards for protection and enforcement of plant varieties by the each member country. TRIPS left to each country’s discretion whether to protect new plant varieties by means of patent or by effective sui generis system or by any combination thereof. In India and Africa protection to new plant varieties is provided through PVP Acts. This paper discusses the salient features of the PVP laws of these countries. The PVP law affects the agriculture based economy in countries such as India and Africa in a significant way, thus, economic implications of this law are discussed herein.
2. UPOV Convention: International union for the protection of new varieties of plants [Internet]. Geneva: 1991 [updated 2010 April 20; cited 2013 Oct 16]. Available from: http://www. upov.int/en/ publications/conventions/1991/act1991.htm.
3. Lesser WH. Equitable patent protection in the developing world: Issues and opportunities. Eubios Ethics Institute. Tskuba, Japan; 1991.
4. Gahukar RT. Intellectual Property Rights and the management of Traditional Knowledge in Indian agriculture. J. of Knowledge Management Practice. 2010 Jun;11(2).
5. Commission on Intellectual Property Rights (CIPR).Integrating Intellectual Property Rights and Development Policy. London: CIPR; March 2010.
6. GRAIN. International agency for development. [Internet]. Spain: GRAIN's coordination office; 2010 [cited 2010 April 23]. Available from: www.grain.org/publications/oau-en.cfm.
7. Department of Agriculture And Cooperation. The Gazette of India. Protection of Plant Varieties and Farmers’ Rights Act, 2001 [Internet]. India: Ministry of Law, Justice and Company affairs; 2001 [cited 2010 July 25]. Available from:
8. GRAIN. Landmark decision for african indigenous communities. [Internet]. Spain: GRAIN's coordination office; 2010 [cited 2010 April 25]. Available from:
9. Algeria. OAU model law. African Model Legislation for the Protection of the Rights of Local Communities, Farmers and Breeders, and for the Regulation of Access to Biological Resources. Algeria: Rights of Communities, Farmers, Breeders, and Access to Biological Resources; 2000.
10. Dang R, Goel C. Sui Generis Plant Variety Protection: The Indian Perspective. Am. J. Eco. and Bus. Admin. 2009; 1 (4): 303-12.
11. Verkey E. Law of Plant Varieties Protection. Allahabad: Eastern Book Company; 2007. p. 13.
12. Cullet P. Intellectual Property Protection and Sustainable Development. Delhi: LexisNexis Butterworths; 2005. p. 202-203.
The International Journal of Drug Regulatory affairs require a formal written transfer of copyright from the author(s) for each article published. We therefore ask you to complete and return this form, retaining a copy for your records. Your cooperation is essential and appreciated. Any delay will result in a delay in publication.
I/we have read and agree with the terms and conditions stated Page 2 of this agreement and I/we hereby confirm the transfer of all copyrights in and relating to the above-named manuscript, in all forms and media, now or hereafter known, to the International Journal of Drug Regulatory affairs, effective from the date stated below. I/we acknowledge that the IJDRA is relying on this agreement in publishing the above-named manuscript. However, this agreement will be null and void if the manuscript is not published in the IJDRA.
Download link for COPYRIGHT FORM