Plant Variety Protection and Farmers' Rights

Proprietary claims have played an indelible role in drafting legislation relating to plant variety protection and have since assumed significance in various national and international forums. The Indian response to the issue of proprietary claims, the Protection of Plant Varieties and Farmers' Rights Bill, passed by parliament last autumn establishes plant breeder rights granting the holder exclusive rights for a specified period, but juxtaposes this by recognising farmers' claims to plant varieties. This article explores the issue of proprietary claims, and laws framed in its recognition, as emerging from an interplay of international frameworks and domestic law-making processes, as well as the interaction of the politico-economic structure with a variety of actors.