Surya SK, SASTRA Deemed University
Karunambigai S, SASTRA Deemed University
ABSTRACT
This research examines India’s Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, which was introduced to align with the TRIPS Agreement while addressing the unique agricultural landscape of India. The Act aims to balance breeders' intellectual property rights with farmers' traditional seed-saving practices. However, its implementation presents challenges, particularly concerning genetically modified (GM) crops and the increasing dominance of corporate-controlled seed markets. Through an analysis of legal frameworks, socio-economic impacts, and judicial interpretations, this study assesses the effectiveness of the PPV&FR Act in safeguarding farmers' rights and ensuring access to affordable, high-quality seeds. It highlights the influence of corporate IP rights on smallholder farmers' autonomy, biodiversity, and food security. The findings indicate that, while the PPV&FR Act recognizes farmers’ roles in biodiversity preservation, limitations in its structure and enforcement reduce its efficacy in fully supporting smallholder farmers. The study proposes policy recommendations to strengthen the Act’s provisions, such as enhancing public investment in agricultural R&D, improving seed accessibility, and creating frameworks to foster both innovation and farmers' rights. The analysis underscores the need for strategic policy adjustments and international collaboration to develop a balanced approach that supports agricultural innovation while preserving the socio-economic welfare of India's rural communities.
Keywords: Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, Intellectual Property Rights (IPR), Genetically Modified (GM) crops, Farmers' rights, Plant breeders' rights, Food security
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