An Analysis of the Protection Accorded to Plant Varieties and Farmers Right: Rights with Special Emphasis on the Indian Position in Comparison with the US and EU Regimes

TABLE OF CONTENTS
LIST OF ABBREVIATIONS;
LIST OF CASES;
1. INTORDUCTION;
2. DEFINING PLANT VARIETY AND THE NEED FOR ROTECTION;
2.1 Meaning of "Plant Variety";
2.2 Importance of New Plant Varieties;
2.3 Raison d' etre for Legal Protection;
2.4 Plant Breeders' Rights;
2.5 Farmer's Rights;
3. IMPACT OF GLOBAL CONVENTIONS ON PLANT VARIETY;
3.1 Legal Framework;
3.2 Agreement On Trade Related Intellectual Property Rights (TRIPs);
Relevant Provisions of TRIPs Agreement on Plant Varieties;
Protection by Patents;
Protection by a Sui Generis System;
Protection By Any Combination Of Patents & A Sui Generis System;
3.3 The UPOV Convention;
Relevant Provisions Of The UPOV Convention;
Drawbacks of the UPOV Convention;
3.4 The International Undertaking on Plant Genetic Resources (IU);
3.5 The Convention on Biological Diversity (CBD);
3.6 The Consultative Group on International Agricultural Research (CGIAR);
4. THE INTERNATIONAL SCENAHIO;
4.1 The American Position;
Utility Patents;
Plant Patents;
Pant Variety Protection Act (PVPA);
4.2 The European Position;
Strasbourg Convention;
European Patent Convention;
Specific intellectual property rights available to European Union plant breeders;
Use of intellectual rights by EU Plant Breeding Community;
4.3 Distinction between the US and European Laws;
5. THE INDIAN POSITION;
5.1 Historiography of the Legislation;
5.2 The Indian System;
The Patents (Amendment) Act, 2002;
;The Protection of Plant Variety and Famers' Rights Act, 2001;
The Provisions of the Act;
Varieties Protected;
Criteria for Protection;
Registration of Fam1ers' variety;
Renewal of Registration ;
Exemption from Registration;
Period of Protection;
Famers' Right;
Supportive rights of farmers;
Benefit Sharing;
The Gene Fund;
Breeders liability against bad seeds;
Local Community Rights;
Breeders' Rights;
Penalty for Infringing Breeders Rights;
Rights of Researcher;
Compulsory License;
Correctives needed in the Act ;
5.3. India & UPOV;
Conflicting Interests of UPOV and India;
Comparative Study between UPOV 2nd PPVFR;
5.4 CoFaB - A Developing Country Alternative to UPOV;
The salient features of CoFaB;
6. COMPARATIVE ANALYSIS OF THE INDIAN, EUROPEAN AND THE
AMERICAN SYSTEMS OF PLANT VARIETY PROTECTION;
7. CONCLUSION;
8. BIBLIOGRAPHY;
8.1 STATUTES;
INDIA;
UNITED STATES OF AMERICA;
EUROPEAN COMMUNITY;
8.2 INTERNATIONAL TREATIES & CONVENTIONS;
8.3 REPORTS;
8.4 ARTICLES;
8.5 BOOKS;
8.6 WEB-SITES;
9. ANNEXES;
9.1 Annexure - I: The Trips Agreement - Article 27;
9.2 Annexure - II: The UPOV Convention 1991;
9.3 Annexure - III: The PPVFR Act, 20O1.