A NOTE ON FARMERS RIGHTS CHALLENGES UNDER INTELLECTUAL PROPERTY RIGHTS

The UPOV (Union for the Protection of New Varieties of Plant) Convention represents a western devised form of plant variety protection, referred to as a Plant Breeders' Right (PBR). Breeders’ rights include a full control over the formal marketing and such a monopoly of breeders is harmful to the farmers who are normally unaware of rights whereas breeders are well versed with their rights. Farmer’s Rights are devised as a counter to breeder’s rights and are based mainly on the idea that farmers also contribute to agricultural innovations. They deserve recognition and rewards just as breeders do. This paper with the help of cases determines the need for the protection of farmer’s rights and present strong point that the farmer’s rights must be different from breeders’ right not only in context with India but with all the fora.

               

KEYWORDS: UPOV, PBR, IPR, Agricultural Innovations, TNCs.


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