Genetically Modified Seeds, Intellectual Property and Agriculture: Has India Addressed the Challenges of Commodifying Plant Genetic Resources and Farmers' Right to Access Seed?

Abstract

Agriculture plays a vital role in the socio-economic development in India, which remains the primary source of livelihood for about 58% of the total population. The rapid advancement of genetic engineering (GE) for improving agricultural production and quality over he last couple of decades results in the expansion of intellectual property rights (IPRs) for plant varieties, including genetically modified (GM) seeds and plants. Under World Trade Organization (WTO), the global intellectual property regime directs the member countries to extend IPRs over agricultural biotechnology through appropriate legislation considering its socio-economic objectives. However, the commodification of PGRs through technology and law poses serious socio-economic and ecological concerns, more importantly, the farmers' age-old practice of 'selecting saving-resowing'. Despite enormous criticisms against GM technologies in agriculture, the government's approaches seem to support GM crops. Recently, the NITI Aayog has advocated for the broader use of GM seed varieties to revive agriculture growth. Against this backdrop, the present paper aims to study the commodification of seed and analyze the sociolegal issues related to the intellectual property protection of PGRs. There is a broad consensus that vigorous plant IPR has implications upon sustainable use of agrobiodiversity, farmers' right to access seed, rights of indigenous communities, and promote private control over PGRs and agricultural practices. This paper critically analyses the public concerns about GM seed and scrutinizes the changes in the legal framework granting plant IPRs. The paper attempts to evaluate the efficacy oflndia's legislative and policy measures addressing the farmers' right to access seed in view significant development of agricultural biotechnology and its protection under the global intellectual property regime.