The Right to Save Seed

Abstract

"This study aims at providing insight on seed acquisition mechanisms of farmers in the state of Jharkhand, India. By first establishing this mechanism, insight is provided on how Indias obligations within the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS), particularly Article 27.3 (b), will affect this acquisition. India's sui generis option, the Protection of Plant Varieties and Farmers Rights Act (2001) (PPVFR) is considered, as is the other relevant option, UPOV. Other international agreements are considered in light of their relevance within the sui generis context. The main conclusions are that India's current sui generis option, the PPVFR, while successful and unique internationally in protecting the rights of farmers, is difficult to enforce in an international context as well as domestically. Further, the paper argues that the PPVFR will prove unsuccessful in limiting instances of 'biopiracy', or the commercialization of plant genetic resources with no benefit sharing to, or recognition of, farmers. It also concludes that suggestions of the rates of farmers saving local varieties of seed have been greatly exaggerated in the extant literature, and that a coordinated effort at all three levels of the Indian governmental system -- central, state, and village level, is undertaken to ensure that the goals of the India's sui generis option are achieved."