Creating Balance between the Rights of Plant Breeders and the Farmers: An Analytical Study

Abstract

Protection of plant varieties and the rights of plant breeders have been subject to legislative effort aiming to regulate this area. Lawmakers have tried to create a balance between the rights of the breeders from one side and the framers on the other side by imposing what is called ‘Farmers Privilege’. This article introduces a critical analysis of the law to show whether the balance has been really achieved. It consists of two chapters, the first explains the scope of exclusivity of the breeders’ right, and the second explains the extent to which framer’s rights have been taken inconsideration. Necessary future legislative amendments are highlighted, and solutions are proposed.