IPRs and Agriculture: South Asian Concerns

Abstract

Important concerns face South Asian countries in formulating their IPR policies in agriculture. The major issues include: the implications of IPRs on the price of seeds, the rise of bio-piracy; access of farmers to seeds and the impact of property rights on biodiversity. Various countries in the region are currently attempting to evolve a twin strategy of granting both plant breeders' rights (a form of IPR for plant varieties) with farmers' rights (rights of farmers to engage in and benefit from their agricultural practices).

India is one of the first countries to have passed such a law, known as the Protec tion of Plant Varieties and Farmers' Rights Act, 2001. Pakistan has passed the Plant Breeders' Rights Ordinance, 2000. Bangladesh is proposing two legislations dealing with protection of plant varieties and community rights and Sri Lanka has proposed the Protection of New Plant Varieties (Breeders' Rights), 2001. Nepal, it is reported, is formulating a draft on Genetic Resource Access and Benefit Sharing.

The twin strategy is a step towards trying to recognize farmers' rights, but its viability must also be closely evaluated. In framing their IPR legislations, South Asian countries must aim to grant rights tied to duties under the broader perspective of development. The South Asian countries, rather than focusing purely on inde pendent national legislations, could evolve a coordinated strategy that would pro vide greater benefits for the entire region.