<smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="place"><smarttagtype namespaceuri="urn:schemas-microsoft-com:office:smarttags" name="country-region"> How Effective is <i>Sui Generis</i> Plant Variety Protection in India: Some Initial Feedback</smarttagtype></smarttagtype>

Abstract

The Indian <i style="">sui generis</i> Plant Variety Protection (PVP) law has a blend of IPR-savvy and public-interest provisions. There is no provision for the sale of farm-saved seed as branded seed as well as the presence of genetic use restriction technology (GURT) or ‘terminator technology’ in the varieties to be registered. Developments related to PVP applications filed and recorded in the initial two-and-a-half to three years since the beginning of registration process in the country suggest that the legislation could not be effective, particularly for the protection and commercial use of extant varieties, including the premium farmers’ varieties. Inadequacy may be seen, for example, in terms of inappropriate notification of genera and species eligible for PVP, low filing of applications even for the notified genera for various categories of extant varieties defined as per law, few grants of IPR titles, little opportunities created/availed for the exclusive commercial use of extant varieties to enhance their cultivation/diffusion in the areas where maximum realization of their productivity and returns were possible, etc. Logic and prospects of licensing/cross-licensing extant varieties including premium farmers’ varieties to small and local seed companies in the short term are discussed.