<i>Sui Generis</i> IPR Laws <i style="">vis-à-vis</i> Farmers’ Rights in Some Asian Countries: Implications under the WTO

Abstract

The expansion of scope of intellectual property protection to include plant varieties and ensuing monopoly on genetic resources has raised concerns as it affects traditional rights of farmers. The International Treaty for Plant Genetic Resources for Food and Agriculture (ITPGRFA) provides an international recognition of farmers’ rights. The International Union for the Protection of New Varieties of Plants (UPOV) is one of the most accepted <i>sui generis</i> system for the recognition of plant breeder’s rights. The present study aims to analyse the farmers’ rights development in South Asia from the perspective of intellectual property enforcement. Based on the membership to WTO, ITPGRFA and UPOV, the Asian countries were divided into four groups. It is observed that only Group B countries (which are members of ITPGRFA) have legislations with respect to farmers’ rights. A comparison of the policy and legislation revealed that Nepal, Bangladesh, Pakistan and Philippines have framed the policy but legislations are yet awaited.