Plant Genetic Resources and Intellectual Property Rights for Plant Breeding

The issue of conservation and sustainable use of plant genetic resources (PGRs) has been discussed in relation to plant breeding and the related intellectual property rights (IPRs). In this connection, provisions of TRIPS Agreement, UPOV Convention 1991 and the CBD have been briefly described. The difference between patents and plant breedersʹ rights (PBRs), have been outlined and their suitability under specific situations has been discussed. The options available under the ʹsui generisʹ system as an IPR and the associated issues like ʹnational treatmentʹ and ʹcompulsory licensingʹ, have also been discussed in some detail. Plant variety protection laws available in different developed and developing countries have been briefly outlined and compared with the draft of Plant Variety Protection and Farmers Rights (PVPFR) Act, that may be placed before the winter session (1998-99) of the Parliament in India. The issues of farmersʹ rights and biopiracy through gene banks and botanical gardens have also been discussed.