Impact of Intellectual Property Rights protection for plant varieties on rice varietal development and biodiversity in India

Abstract

Intellectual Property Rights (IPR) protection for crop varieties have implications on both research and food security, as development of new varieties depends on access to existing varieties/biological material or access to their genetic information. In this situation, India under its obligation under Trade-Related Aspects of Intellectual Property Rights (TRIPS), opted for a “sui generis” system and enacted “Protection of Plant Varieties and Farmers’ Rights Act” (PPV&FRA) in 2001. Through some specific provisions in this act, a balance between incentive to innovate (through limited period exclusive rights) and access to protected varieties during protection period for furthering innovations is attempted. India enacted another IPR act following suigeneris system viz., Geographical Indications of Goods (Registration and Protection) Act-1999 (GI act). Under this act some special types of agricultural crops are protected. In this backdrop, this study attempted to examine the status of IPR protection to rice varieties and impact of the two types of IPRs viz., PPV&FRA and GI on varietal development and biodiversity in the case of rice in India. The study utilized secondary data from relevant IPR authorities and ICAR-Indian Institute of Rice Research (ICAR-IIRR) database. It is observed that (i) there is increase in rice varietal development following enactment of PPV&FRA and GI acts in India; (ii) there is increase in private sector participation in hybrid rice research following enactment of PPV&FRA; and (iii) both PPV&FRA and GI acts individually and also together are playing a key role in rice biodiversity management.