Author ORCID Identifier

https://orcid.org/0000-0002-3619-3276

Biosketch

I am Dr. R. Gomathi, currently employed in School of Law at SASTRA Deemed to be University, Thanjavur,as Assistant Professor. After earning my B.A, B.L(Hons.) degree from the School of Excellence in Law, Chennai (2008) and Master of Laws from the University of Madras (2010), I have pursued mypractice at theThanjavur District Courtfor nine years in both civil and criminal litigation. I was empanelled as an ‘A’ panel advocate for the Legal Aid with the District Legal Service Authority, DLSA, Thanjavur. Had deliveredlectures towards legal awareness for the downtrodden masses.Myresearcher specialisation lies in the intersection of Intellectual Property Rights and Agricultural laws. The research area was chosen to reflectmydeeper commitment to the rights of the agrarian community that culminated in myPh.D. dissertation, titled “A Study of the Intellectual Rights of Farmers with Special Reference to the Protection of Plant Variety and the Farmers’ Rights Act, 2001.”The study focussed on bridging the gap between legislative frameworks and the practical empowerment of farmers within the global IP regime. I was awarded Ph.D. in February, 2026 under the eminent guidance of Dr.Sanjith.S, Associate Professor, SASTRA Deemed to be University, Thanjavur.

Date of Award

12-2-2026

Document Type

Thesis

School

School of Law

Programme

Ph.D.-Doctoral of Philosophy

First Advisor

Dr.S.Sanjith

Keywords

Intellectual Property Rights, Plant Variety Protection Rights, Agriculture, Plant Breeders Rights, Biopiracy

Abstract

Intellectual Property Rights (IPR) confer exclusive rights on individuals over the creations of their minds. Intellectual property is protected through patents, trademarks, copyrights, industrial designs, geographical indications, and other legal rights, enabling inventors to obtain economic benefits and legal recognition from their innovations. These rights provide exclusive usage for a prescribed period and have evolved significantly over the years, sharing similarities with ownership rights over tangible property. As intangible rights, IPR primarily consist of the property element and the object to which that property relates. Among the various forms of IPR, Plant Variety Protection (PVP) rights recognize the creativity and contributions of farmers and plant breeders in developing and conserving plant varieties. In India, these rights are protected under the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001, enacted in compliance with the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, which requires member nations to protect plant varieties through patents or a sui generis system. Since seeds are regarded as the foundation of life, granting proprietary rights over them remains a complex and sensitive issue because farming communities have traditionally preserved and developed them over generations.

Agriculture has been an integral part of human civilization for thousands of years, evolving from traditional farming practices to systematic plant breeding. Ancient farmers carefully selected seeds from superior crops and preserved them in temple kalasams—inverted alloy vessels—and through other traditional methods such as storing seeds in cow dung for future cultivation and protection during natural calamities. These practices demonstrate the foresight and wisdom of early farming communities in conserving plant genetic resources. Agriculture was initially considered a way of life rather than a commercial activity, but over time, particularly during the eighteenth century, scientific plant breeding methods emerged. With the modernization of agriculture during the twentieth century, industrial support and technological advancements significantly improved crop production and agricultural efficiency.

One of the most significant milestones in agricultural development was the Green Revolution between the 1960s and 1980s, which greatly enhanced crop improvement research and substantially increased food production at affordable costs. Agricultural research has since contributed to economic growth in both developed and developing countries by creating opportunities for innovation and improved productivity. The promotion of Plant Variety Protection also supports food security by encouraging the development of climate-resilient crops capable of addressing environmental challenges and changing consumer demands. These developments have strengthened agricultural trade, commerce, and collaboration among public and private sectors while promoting sustainable agricultural development.

The evolution of intellectual property protection for plant varieties has progressed through several important phases. The Patent Act of 1790 introduced utility patents, followed by the Plant Patent Act of 1930, which provided protection for asexually reproduced plants, and later amendments culminating in the Plant Variety Protection Act of 2011. In Europe, legal protection began with the Breeders’ Ordinance of the Netherlands in 1941 and Germany’s Seeds Act of 1953, eventually leading to the establishment of the International Union for the Protection of New Varieties of Plants (UPOV). This international framework provides legal protection for plant breeders while distinguishing between UPOV member countries and non-member countries. Nations with stronger plant variety protection systems generally encourage innovation in plant breeding, expand the availability of improved crop varieties, and promote investment in agricultural biotechnology.

Despite these benefits, the granting of intellectual property rights over plant varieties remains controversial because farmers have historically conserved, nurtured, and developed plant genetic resources. Many developing and underdeveloped countries with strong traditional agricultural systems have been reluctant to adopt the UPOV framework, considering it less suitable for protecting farmers' interests. Farmers worldwide face several challenges, including biopiracy, royalty payments on saved seeds protected by patents, and disputes arising from contamination of neighboring fields by genetically modified crops. Recognizing the indispensable role of farmers in preserving biodiversity has led countries such as India to establish legal recognition of Farmers’ Rights, balancing the interests of breeders with those of farming communities.

The absence of an effective legal framework can hinder the growth of agricultural biotechnology and private investment in the seed industry. Plant Breeders’ Rights (PBR) have become closely associated with the commercialization of agriculture and are viewed as essential incentives for encouraging research, innovation, and the development of new plant varieties. Countries with comprehensive Plant Variety Protection laws generally possess stronger plant breeding systems, resulting in improved agricultural productivity, food security, foreign investment, and national economic growth. Consequently, Plant Variety Protection laws have been designed to address these objectives while supporting scientific research and agricultural innovation. This study examines the legal frameworks adopted by UPOV member and non-member countries, compares their approaches to plant variety protection, and analyzes the legal issues affecting farmers and plant breeders across different jurisdictions.

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