CONTENTS
CHAPTER I INTRODUCTION;
1.1 Importance of this Study;
1.2 Plant Variety Protection v. Patent Protection;
1.3 Objectives of the Study;
1.4 Research Issues;
1.5 Hypothesis;
1.6 Methodology;
1.7 Chapterisation;
CHAPTER II THE HISTORY OF PLANT VARIETY PROTECTION;
2.1 Plant Breeders' Rights and Intellectual Property Protection;
2.2 The Philosophy of Intellectual Property Protection;
2.3 History of Plant Variety Protection;
(a) United States of America;
(b) Europe;
(c) UPOV;
(d) GATT, WTO and Plant Variety Protection;
(e) India;
CHAPTER III THE REALISATION OF FARMERS RIGHTS;
3.1 Introduction and Researcher’s Enunciation;
3.2 Farmers' Rights;
3.3 International Agreements on Farmers' Rights;
3.4 Definition of Farmers' Rights;
3.5 Objectives of Farmers' Rights;
3.6 Implementation of Farmers' Rights through an International Fund;
3.7 Keystone International Dialogue and Farmers' Rights;
3.8 Convention on Biological Diversity and Farmers' Rights;
3.9 The TIUPS Agreement of WTO and Farmers' Rights;
3.10 TRIPS, Geographical Indication and Farmers' Rights;
3.11 The Fourth FAO International Technical Conference on Plant Genetic Resources and
Farmers' Rights;
CHAPTER IV PLANT BREEDERS' RIGHTS;
4.1 Why Plant Breeders' Rights?;
4.2 A List of Plant Breeders' Rights;
4.3 Institutional Mechanisms for the Grant of Plant Variety Protection Certificates;
4.4 Necessary Conditions for Granting Plant Variety Protection Certificates;
4.5 Enforcement Mechanisms for Breeders' Rights;
4.6 Sui Generis Protection for Plant Varieties - A Review of the Other Options;
(a) UPOV 1978 and UPOV 1991 - The Level and Standard of Protection;
(b) The Plant Varieties Act (1993) - A Critique of the Draft Legislation prepared by the Government of India;
CHAPTER V A CRITICAL REVIEW OF THE AVAILABLE BILLS;
5.1 Community Gene Fund and its Management;
5.2 Management of the Fund;
5.3 Cataloguing of the Plant Varieties;
CHAPTER VI;
CONCLUSION;
BIBLIOGRAPHY;
APPENDIX;
ANNEXURE I;
Plant Variety Protection and Farmers' Rights Act. (Recommendations of the participants in the Dialogue on "Methodologies for Recognising and Rewarding Informal Innovation in the Conservation and Utilisation of Plant Genetic Resources" held in Madras from January 28 to 31, 1994);
ANNEXURE II;
Outline of the Legislation on Protection of Plant Varieties (Government of India, 1998).