Comparison between the various International Conventions on Plant Varieties and Biological Forms along Farmers Rights

Abstract

This paper examines the complex global legal framework governing plant genetic resources, biodiversity, and intellectual property. It explores the inherent tension between the TRIPS Agreement and UPOV Convention, which prioritize private innovation and commercial breeder rights, and the Convention on Biological Diversity (CBD) and Nagoya Protocol, which emphasize national sovereignty and the protection of traditional knowledge. Through an analysis of key treaties including the ITPGRFA (Seed Treaty) and the Cartagena Protocol, the study highlights the "clash of systems" between industrialized patent models and the sui generis systems of biodiversity-rich nations like India. By reviewing landmark case laws such as PepsiCo vs. Indian Farmers and the Rooibos Case, the paper concludes that a sustainable future requires a "middle ground" that balances corporate incentivization with the fundamental rights of local farmers and indigenous communities.

Keywords