An Analysis of the Legal Framework for the Protection of Plant Varieties and the Rights of Farmers in India

Rapid population expansion poses a huge threat to food security. Unplanned urbanisation contributes to the situation. It’s like a double-edged sword, cutting from both sides. The number of people that need to be fed is increasing, while agricultural lands are dwindling. It is becoming more complicated as more food needs to be produced each year on a limited area of agricultural land. New advanced plant varieties, particularly genetically engineered crops, hold enormous potential for food security. It is possible with contemporary plant breeding procedures, which take time, effort, and money. However, once these crops are available in the market, they are easily duplicated. Thus, IPR protection for breeders’ rights is critical. In addition to conserving new and advanced plant varieties, traditional varieties also require preservation. Without which biological diversity may become extinct. Farmers have freely shared, replanted, stored, and sold their seeds for centuries. This practice is the cornerstone of agricultural biodiversity and is critical to food security. Without farmers, there would be no food security. As a result, protecting farmers’ rights is essential. This article reviews the causes that led to the establishment of plant breeders’ and farmers’ rights, explores the ideas, traces their origins at the international level, and finally examines the Indian legal framework for plant variety protection and farmers’ rights.