Patenting Seeds in India: Boon or Bane for Indian Farmers

Abstract

The progress of science and the development of new technologies pose continuous challenges to the adaptability of the law. However, few advances generated as much controversy as the innovations of the biotechnology industry. Late in the twentieth century, advances in genetics research confronted the patent system with the question of whether genetically altered living organisms qualify for patenting or not. This paper discusses the various aspects for patenting of a seed in India while comparing it with the latest amendments in the Patents Act, 1970 and the TRIPS Agreement. Further the author highlights the future perspectives and the problems on patenting of a seed in India and whether it benefits the farmers at large or is a curse for them. Also, some suggestions have been given which are purely of the author that whether there are any solutions to such problems.

Keywords: Patents, Plant Variety, Monsanto, Bt Cotton, Genetically Modified Organism, Seeds, Farmers

JEL Classification: O34