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The IUP Journal of Law Review :
Evolution of Farmers’ Rights in Intellectual Property Regime: International and Indian Perspective
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Ever since the homo-sapiens began to use land for creating means of sustenance like food, clothing and shelter, the importance of land as a crucial input in the development of human civilization was realized. Besides, the settlement of people, after nomadic life, also brought into focus the relevance of agricultural land for their survival and development. With the passage of time, the position of the farmer became most vulnerable and pitiable which needed protection at the societal level through the instrument of law. After the Second World War, with the growth of international trade, many new doctrines and concepts were evolved and propagated. Among these, the concept of Intellectual Property, though evolved in the 19th century, witnessed increased recognition and acceptance in the global community. One of the aspects of the Intellectual Property Rights (IPRs) was the protection of breeders’ rights. The plant breeders were given protection and many international conventions were convened for this purpose. The International Undertaking on Plant Genetic Resources (IU), the Convention on Biological Diversity, TRIPs Agreement and International Treaty on Plant Genetic Resources for Food and Agriculture, 2001 are four important international conventions that are relevant to the construction of ownership and control of plant genetic resources in global debates on plant variety protection. After according protection to plant breeders, it was soon realized that the rights of the breeders were in conflict with those of farmers. As a result, the concept of farmer’s rights was put forth both at international and national levels.

 
 
 

The concept of private property has become a prominent legal institution in all the civilized states of the world. It has been argued that the “difference between prosperity and poverty is property. Nations prosper when private property rights are well-defined and enforced.”1 However, the concept of property has not remained static but has changed with time, and new types of property have been evolved and the domain of private property has been thus extended. One of such new and ever-extending concepts is the regime of Intellectual Property Rights (IPRs). The concept of Intellectual Property, though evolved in the 19th century, witnessed increased recognition and acceptance in the global community. The concept has now occupied diverse fields and affects in one way or the other lives across the globe. One of the aspects of the IPRs was the protection of Plant Breeders’ Rights (PBRs) and the recognition of their labor, skill and capital in the development of improved varieties. This extension of IPRs to plant breeders could be ascribed to phenomenal changes that took place during the 20th century. Prior to green revolution technology, at the beginning of the second half of the 20th century, the scarcity of food had threatened the survival of millions of people, especially in developing and underdeveloped countries. But the development and introduction of high yielding-hybrid varieties of many food crops helped in easing the situation the world over. Since then, the development of new and improved hybrid seeds has been seen as a future guarantee for food security.

 
 
 

Law Review Journal, Farmers’ Rights, Intellectual Property Regime, International, Indian Perspective, Intellectual Property Rights (IPRs), Plant Genetic Resources (IU), Plant Breeders’ Rights (PBRs), Agricultural Revolution.