SYNOPSIS OF RESEARCH PAPER

The Sui generis Protection of Plant Variety ALOK KUMAR 26/LL.M/2010

Statement of Problem: Historically, the intellectual property was confined to the industrial sector and rights were given to intellectual property holders in manufacturing process. Agricultural and living things (part of nature) were regarded outside the realm of patent law. But after nineteenth century due to the technological advancement, industrialisation and commercialisation of agriculture the ambit of patent law has expanded to the natural phenomenon also. So expansion of intellectual property rights in the area of agriculture and biotechnology have raised many questions like- rights of the farmer to continue their conventional practice of agriculture, protection of the breeders rights, protection of biodiversity, right to food of every person etc. As we know the world is divided into three classes i.e. developed, developing and least developed country and agriculture is regarded as the backbone of developing and least developed country because of the contribution in the GDP and involvement of the 70% population in agricultural sector. So minimal investment of the government in agricultural research and granting an exclusive right to procure seeds, plants can cause higher prices, monopolising the seed industry by the producers and leaving the agricultural class on the mercy of the seed producers(Monsanto has patent over genetically modified cotton all over the world and they own the patent on Bt cotton which has not only affected the production of cotton in India but has also led to the losing the indigenous hybrid variety of cotton). The main purpose of giving intellectual property right is to give exclusive right to exploit the fruits of invention and excluding the other entire person to use or enjoy that invented product or process. So should a law grant IP right on natural resources and on living thing found in nature as opposed to the man made product or process? How to maintain the bio diversity as industries are eager to produce only those seeds which are on higher value in the market? Should a country make sui generis system of law for the protection of plant variety? How to balance the interests of the farmer to sow, save, re-sow the seeds and the interest of the plant breeders to breed? How a country should apply the international conventions like TRIPS, UPOV? What are the responsibilities of developed country towards developing and least developed country? How to curb the monopoly of the multinational breeding companies by encouraging public sector agro-research by state aid? How to limit the rights of the IP holders in the interest of community?

Scope of Study: The scope of paper is to study and understand the various international conventions, agreements relating to the rights of the farmers and plant breeders and also their effect on the developing and least developed countries. The scope of paper is also to analyse the law relating to agriculture in India and while making those law consistent with the international conventions and trade law how they are affecting the farmers and biodiversity of country. Further object of the study is to how India by applying the sui generis system of law harmonise the rights of the farmer and plant breeders so that food security for all can be achieved. Further this paper also tries to evaluate the various trade agreements pertaining to intellectual property rights. This paper also tries to support the sui generis system of law for protecting the plant variety and living things. And lastly this paper makes an evaluation of Indian plant variety act 2001 and the Indian seeds act 1961.

Focus of Study: To understand the importance of farmers in agriculture, maintaining the biodiversity and contribution in the GDP. To inquire the various articles and sections of international IP documents, trade law and then come to a conclusion that whether they are serving the interests of developed countries or the developing countries? Whether India by adopting the sui generis system of law on plant varieties and living things have protected the traditional, cultural rights of the farmer and also succeeded in competing with developed world? And lastly the main focus of the study will be on suggesting some important point by which the rights of the farmer as well as plant breeders can be balanced which make the India to run with the globalised world. Hypothesis: All the international conventions and related laws work in synergy with each other on order to protect the farmers and plant breeders rights at its optimum. Presumably Indian domestic legislations provide adequate safeguards and mechanisms to protect its backbone of economy i.e. agricultural sector.

Chapterization (Tentative): 1. Introduction 2. Background: traditional and modern method of agriculture.

3. International conventions, agreements and trade law on farmers and breeders right.

4. Indian law relating to the agriculture, farmers and breeders right. 5. Need for sui generis system of law. 6. Monopolistic practice of the agro-research company. 7. Role of government. 8. The Closing Chapter.

Methodology: The basic approach of research will be doctrinal(using law library and internet) and Multidisciplinary having descriptive and Critical analytical Independent approach.

Overview of Literature: The paper reads on Intellectual property laws, international trade agreements, constitutional law and international conventions on Fundamental Rights. It also moves to study Indian laws related to agriculture. There are many books, journals, articles available on these aspects, eventually leading to conclusion of theme of the paper.

Bibliography:
1. Gopalakrishnan, N, An EffectiveSui Generis Law to Protect Plant Varieties and Farmers' Rights in India. The Journal of World Intellectual Property, 4: 157172, 2001. 2. M. S. Noniami, laws & flaws relating to conservations of biological diversity , 2000, company law journal, 17. 3. Monsanto Company v. Indog product ltd., AIR 1986 SC 712.

4. Patricia Marin, providing protection for plant genetic resources: patents, sui generis system and bio partnerships. 5. Sudhir kochhar,How effective is sui generis plant variety protection in india: some

initial feedback, journal of intellectual property rights, vol 15, July 2010, pp 273-284.
6. S Bala Ravi, effectiveness of Indian sui generis law on plant variety protection and its

potential to attract private investment in crop improvement, journal of intellectual property rights, vol 9, November 2004,pp 533-548.
7. Sudhir kochhar, system perspective for IPR protection in the plant kingdom, journal

of intellectual property rights, vol 9, November 2004, pp 342-355.

8. Laurence R. Helfer, intellectual property rights in plant varieties: An overview with

options for national governments, FAO legal paper online, July 2002.