Climate-friendly Innovations for Plant Varieties in India

Authors

  • Vijay K Tyagi Faculty of Law, University of Delhi, Delhi – 110 007, India
  • Priya Kumari Kirit P Mehta School of Law, NMIMS, Mumbai – 400 056, India

DOI:

https://doi.org/10.56042/jipr.v29i2.998

Keywords:

Plant Varieties, Climate Change, Farmers’ Variety, Agro biodiversity, Food Security, Ecology

Abstract

Innovation in agriculture and plant varieties is essential to serve the needs of the increasing population, maintain food
security, and adhere to the principles laid down in international conventions. However, innovation in all areas including
agriculture should be wary of its impact on the environment. Section 29 of the Protection of Plant Varieties and Farmers
Rights Act, 2001 stipulates that a plant variety causing serious harm to the environment is incapable of registration. Nevertheless, the primary criteria for gaining registration is proof of the variety being distinct, uniform and novel. Farmers’ plant varieties lack uniformity, which paves the way for commercial breeders to gain registration. Undoubtedly, the varieties developed by commercial breeders generate higher yields. However, the same does not conform to local ecological demands and iseven less nutritious when compared to the varieties developed by the farmers. Thus, there are several consequences of permitting commercial plant varieties to take over the farmers’ plant varieties. This paper is an attempt to highlight the need for agricultural innovations to be ecologically friendly thereby, leading to a movement towards safe technology. It will also advocate for an alteration in Section 29 of the Act to make it mandatory for registration of a new plant variety.

Author Biographies

  • Vijay K Tyagi, Faculty of Law, University of Delhi, Delhi – 110 007, India

    Faculty of Law, Ph.D. Candidate

  • Priya Kumari, Kirit P Mehta School of Law, NMIMS, Mumbai – 400 056, India

    Department of Law, Assistant Professor

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Published

2024-04-04

How to Cite

Climate-friendly Innovations for Plant Varieties in India. (2024). Journal of Intellectual Property Rights (JIPR), 29(2), 141-148. https://doi.org/10.56042/jipr.v29i2.998

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