The Role of Intellectual Property Rights in Conservation, Utilization and Benefit Sharing of Plant Genetic Resources

Abstract

India is one of the twelve mega biodiversity countries in the world with two hotspots at Himalayan Region and Western Ghat. Besides, north-eastern hilly region; Andaman and Nicobar Islands are also carrying huge diversity for biological resources. Phytobiodiversity and species richness have been observed with the longitudinal decrease or increase in these regions. Urbanisation, industrial growth and deforestation are threatening the plant genetic resources (PGR) that led to many plant species to be extinct or endangered. Thus, protection of PGR, their sustainable utilisation is crucial in the context of mitigating climatic changes and their access and benefit sharing. Protection of plant biodiversity particularly varieties were first time considered with the establishment of Union for Protection of Plant Varieties in the year 1961. Later on, in 1992 the ‘Earth Summit' protection of PGR and benefit sharing was considered with the establishment of Convention of Biological Diversity (CBD). Plant varieties and their parts are not patentable subject matter, but it was directed as per article 27.3(b) of World Trade Organization (WTO) that member countries have to protect the plant varieties through Patent or any other sui generis system. Establishment of Protection of Plant Varieties and Farmer's Rights act (PPVFRA) in the year 2001 was sui generis system adopted in India. Presently, 150 crop species include food crops, horticultural crops, trees and forest crop species are accessible for registration under this act for a period of maximum 15 or 18 years. Till now, 3439 plant varieties of different crops were registered under the PPVFR Act. Among which maximum varieties of 1796 were of rice from different states of India. However, most of the genetic resources available in the public domain are untouched that needs intensive work plan to provide protection to that valuable germplasm.