Why in news?
International advocacy group GRAIN released a report in October 2025 highlighting how recent free‑trade agreements are being used to impose strict seed intellectual property rules under the 1991 Act of the International Union for the Protection of New Varieties of Plants (UPOV). The report warns that such clauses could undermine farmers’ centuries‑old practice of saving and re‑using seeds.
Background
UPOV is an intergovernmental treaty body created in 1961 to provide breeders’ rights for new plant varieties. These rights allow developers to control the production and sale of protected seeds for 20–25 years. The 1991 revision expanded breeders’ monopoly and restricted farmers from re‑using seeds without authorisation.
- Membership and acts: UPOV has 79 members, many of them developed economies. Earlier versions of the convention (1961 and 1978) granted more leeway for farmer‑saved seed, while the 1991 Act is more stringent. Countries must adopt the 1991 standards to join.
- India’s position: India protects both breeders’ and farmers’ rights through the Protection of Plant Varieties and Farmers’ Rights Act, 2001. This law allows farmers to save, use, exchange and sell farm‑saved seed. India has not joined UPOV because its farmers’ rights provisions would conflict with the 1991 Act.
- FTA provisions: According to GRAIN, wealthy nations such as the United States, European Union, Japan and the United Arab Emirates are inserting UPOV‑compliant plant variety protection clauses into bilateral trade agreements with countries in Asia and Africa. These provisions require partner countries to enact strict seed laws beyond World Trade Organization (WTO) rules on intellectual property (TRIPS agreement).
Implications
Stricter seed laws could criminalise traditional practices of saving and exchanging seeds, concentrate control over germplasm in a few multinational companies and erode agrobiodiversity. Small farmers may have to purchase new seed each season or risk infringing on breeders’ rights. UPOV proponents argue that stronger protection encourages investment in plant breeding, but critics counter that open sharing of seed varieties has historically driven agricultural innovation.
The report urges developing countries to resist such clauses, uphold farmers’ rights and promote seed sovereignty. It also recommends greater transparency in trade negotiations and broader public debate about the social impacts of plant variety protection.
Source: DTE