Legislating in the Grey: Seaweeds, Definitional Uncertainty, and Plant Variety Protection in India

Abstract

India and several other countries are now investing towards aquaculture, and even experimenting with more cultivation based on marine aquaculture, specifically seaweeds. There are several usages in several different industries, such as food, skincare, pharmaceuticals, etc. This boom in seaweed cultivation poses a question as to whether new cultivated varieties of seaweed would have similar protection as terrestrial plants. The paper delves into the definitional uncertainty regarding aquatic plants under the Plant Variety Protection Act, specifically seaweed, as they are technically algae, not plants. The paper looks towards Eastern countries and how they have a broader definition of plant variety to accommodate more varieties of plants. The paper suggests more definitional clarity as well as certain administrative measures for ease of plant variety protection of seaweeds