The Seed Laws of Asian Countries under the WTO and IPR Regime: A Paradigm Shift

Abstract

The basic motivations behind the liberalization of the seed laws of Asian countries are to regulate the seed market and ensure the availability of‘good-quality’ seeds. Changes in these laws are intended to harmonize with the equivalent laws of other countries around the world so that seed markets are open to big business. The seed laws of Asian countries lean towards WTO agreements, particularly with respect to market access and the trade-related aspects of intellectual property rights (TRIPS) rather than sanitary and phytosanitary measures (SPS) and technical barriers to trade (TBT). These laws will enable the shifting of rights from farmers to breeders and transnational corporations as hybrids replace traditional farmers' varieties. The seed laws in all the Asian countries require that state-notified varieties are registered and certified. These laws and policies encourage private participation, benefit private seed companies and provide better market access to foreign seed companies. Reforms of seed laws also favour privatization and the role of transnational corporations. Asia (particularly India and China) is emerging as the largest seed market in the world for the European Union and the USA.

Keywords

seed laws reforms intellectual property rights seed markets privatization Asian countries

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