Has India Addressed Its Farmers' Woes? A Story of Plant Protection Issues

As part of the WTO's objectives to promote trade, minimum standards for intellectual property (IP) protection were established under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as a means to reduce barriers to international trade. India, with a view to fulfill its TRIPS obligations, passed the Protection of Plant Varieties and Farmers Rights Act of 2001 (PPVFA). The Act represents a sui generis attempt to balance the rights of farmers and breeders, considering the huge farming population in the country. This paper examines whether the PPVFA, along with the proposed Seeds Bill, fulfills India's obligations under Article 27.3 of TRIPS. Further, the paper analyzes the benefits India is likely to derive from fulfilling these obligations. The enactment of the PPVFA signifies what can be termed a cautious opening up of the agricultural market to privatizing agricultural trade. In order to derive the full benefits, privatization should be timed to compliment the opening up of the international agricultural markets for existing players.