Farmer’s Rights with Special Reference to Protection of Plant Varieties and Farmers' Rights Act, 2001

INTELLECTUAL PROPEERTY LAW PROJECT REPORT ON
FARMER’S RIGHTS WITH SPECIAL REFERENCE TO PROTECTION OF PLANT VARIETIES AND FARMERS ' RIGHTS ACT, 2001

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW,
PUNJAB
SUBMITTED IN partial fulfilment of
B.A.LL.B. (Hons.) FIFTH semester on
25TH APRIL, 2012 Submitted to: Submitted by- GROUP VII MS. GEETIKA WALIA SHELLY MITTAL (503) (ASSISSTANT PROFESSOR OF LAW) DIVYA SINGLA (523) KRISHNAVEER SINGH (553) ADVITIYA AWASTHI (543) CHIRAG PARIHAR (567) CERTIFICATE This project is purely based on the bonafide research work carried out under the guidance and supervision of Ms. Geetika Walia, the same has not been submitted anywhere for any purposes whatsoever.

Ms. Shelly Mittal (503) Ms. Divya Singla (523) Mr. Krishnaveer Singh Rajawat (553) Mr. Advitiya Awasthi (543) Mr. Chirag Parihar (567)

RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PUNJAB
Patiala (Punjab)
Date: _________

Ms. Geetika Walia
SUPERVISOR’S CERTIFICATE
This is to certify that the Project Paper Entitled: Farmer’s Right With Special Reference to Plant Varieties Act, 2001 submitted to Rajiv Gandhi National University of Law, Punjab, in partial fulfilment of the requirements for Paper-III of the B.A.LL.B (Hons.), sixth semester, is carried out by: Ms. Shelly Mittal Ms. Divya Singla Mr. Krishnaveer Singh Rajawat Mr. Advitiya Awasthi Mr. Chirag Parihar

under my supervision and guidance. It is further

Bibliography: 2. Chauhan Surender Singh, Biodiversity, Biopiracy, and Biopolitics: the Global Perspective, Kalinga Publications, Lucknow, 2001 3 4. Rao, M.B and Guru, Manjula, Understanding TRIPS: Managing Knowledge in Developing Countries, Sage Publications , New Delhi, 2003 5 6. Sarma, Rama, Commentary on Intellectual Property Laws, First Edition, Wadhwa and Company Publishers, 2007, Nagpur. 9. WIPO Intellectual Property Handbook, WIPO Publication, WIPO, 2nd Edtn., 2008. 6. National Commission on Farmers pitches for a comprehensive National policy, Web India News 13th of April. 2006, 7 10. Stephen B. Brush, “Farmers’ Rights and Protection of Traditional Agricultural Knowledge”, World Development Vol. 35, 2007. [ 5 ]. National Commission on Farmers pitches for a comprehensive National policy, Web India News 13th of April. 2006, available at , visited on 13th April, 2013, 21.00 IST. [ 6 ]. Stephen B. Brush, “Farmers’ Rights and Protection of Traditional Agricultural Knowledge”, World Development Vol. 35, 2007. [ 7 ]. Anitha Ramana, Farmers Rights in India; A Case Study, May 2006, available at < tp://www.fni.no/doc&pdf/FNI-R0606.pdf>, visited on 12th April, 2013, 20.30 IST. [ 8 ]. National Commission on Farmers pitches for a comprehensive National policy, Web India News 13th of April. 2006, available at , visited on 13th April, 2013, 21.00 IST. [ 10 ]. Rama Sarma, Commentary on Intellectual Property Laws, First Edition, Wadhwa and Company Publishers, 2007, Nagpur, p.1520. [ 11 ]. Phil Thorpe, “Study on the Implementation of the TRIPS Agreement by Developing Countries”, Commission on Intellectual Property Rights, retrieved from on 15th April, 2013 at 6:07 p.m. [ 12 ]. WIPO Intellectual Property Handbook, WIPO Publication, WIPO, 2nd Edtn., 2008. [ 13 ]. Rama Sarma, Commentary on Intellectual Property Laws, First Edition, Wadhwa and Company Publishers, 2007, Nagpur, p.1521. [ 14 ]. G.K.Chadha, Land Resources, State of the Indian Farmer: A Millennium Study, Ministry of Agriculture, Department of Agriculture and Cooperation, New Delhi, 2004. [ 17 ]. Retrieved from on 15th April, 2013 at 5:25 p.m. [ 22 ]. § 11, Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 23 ]. § 54, Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 25 ]. Rama Sarma, Commentary on Intellectual Property Laws, First Edition, Wadhwa and Company Publishers, 2007, 1544. [ 26 ]. § 15, Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 27 ]. § 24, Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 28 ]. § 28(1), Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 31 ]. § 39 (2), Protection of Plant Varieties and Farmers ' Rights Act, 2001. [ 41 ]. Shaila Sheshia, Plant Variety protection and Farmer’s Rights, Economic and Political Weekly, 6th of July 2005, available at , visited on 10th of April, 2013, 21.oo IST. [ 42 ]. Intellectual Property and Traditional Knowledge, World Intellectual Property Organization, retrieved from on 15th April, 2013 at 6:46 p.m. [ 46 ]. Doremus, PN, “The Externalization Of Domestic Regulation: Intellectual Property Rights Reform In A Global Era”, Global Legal Studies Journal 3 (2), 1996, available at , visited on 8th of April, 2013, 23.00 IST. [ 49 ]. Retrieved from on 14th April, 2013 at 5:48 p.m. [ 50 ]. Retrieved from , on 12th April, 2013, at 11.19 pm. [ 51 ]. Retrieved from , on 13th April, 2013 , at 12:45 am. [ 52 ]. Retrieved from on 13th April, 2013, at 12:16 am. [ 53 ]. Retrieved from , on 13th April, 2013, at 12:43 am. [ 54 ]. Nithin V. Kumar, “Protection of Traditional Knowledge: International and National Initiatives and Possible Ways Ahead”, retrieved from on 14th April, 2013 at 6:04 p.m. [ 55 ]. Background Brief, The WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge And Folklore, retrieved from on 15th April, 2013 at 4:56 p.m. [ 56 ]. Intellectual Property and Traditional Knowledge, World Intellectual Property Organization, retrieved from on 15th April, 2013 at 6:46 p.m. [ 57 ]. Zenefer Zaman and Sandip Bhosale, Biopiracy: An Usurpation of Prior Art, retrieved from on 15th April, 2013 at 5:34 p.m.