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Munich Intellectual Property Law Center (MIPLC)

Promoting Inclusive & Sustainable Innovations in Plant Varieties: Is UPOV a Good Fit for Developing

Countries? Mrinalini Kochupillai

Munich Intellectual Property Law Center

The Innovation Society and Intellectual Property 16th EIPIN Congress, Munich, 9-11 April, 2015

Presentation Structure

• IP in Plant Varieties?

• Statistics – the Current Situation in India

• Agrobiodiversity: A Farmer’s Dilemma?

• The Story of HMT

• Conclusion & Recommendations?

Non-Excludable Non-Rivalrous

Public Goods

Background: Theories Justifying IP Protection

Create incentives for innovation Grant Exclusive

Rights

Intellectual Property Protection Regimes


QuickTime™ and a decompressor

are needed to see this picture.

Eliminate Free Rider Problem

QuickTime™ and a decompressor

are needed to see this picture.

Others breeders can also free ride

Seeds = Self-Replicating

Technologies

Can IP protection regimes in the agricultural seeds sector

follow the same logic?

Background: What about IP for Plant Varieties?

Farmers can free-ride on efforts of breeders

“The sixties were the most eventful times for Indian agriculture.... This was the period, during which the private sector significantly stepped into the seed business. In 1991... (after the adoption of) the New Policy on Seed Development.... more than 24 companies initiated research and development activities....” V.R. Gadwal (2003)*

*V.R. Gadwal. 2003. ‘The Indian Seed Industry: It’s History, Current Status and Future’ 84 (3) Current Science 399

Problem?

F1 hybrids permit plant breeders (“the formal sector”) to appropriate the value inherent in their new varieties, even in the absence of IP protection regimes.

No Problem!





• Introduction: The Story of HMT


Plant Variety Application Data: 2007-2014

• Save seeds (decrease costs) or buy improved seeds (increase productivity)?

•

Agrobiodiversity: The Farmers’ Dilemma

“In the context of plant genetic resources... property rights that are located at the retail end of the...plant breeding industries may not... generate... incentives to supply adequate amounts of plant genetic resources....” Swanson and Göschl (2000)*

*Timothy Swanson and Timo Göschl, ‘Property Rights issues involving plant genetic resources: Implications of ownership for economic efficiency’ (2000) 32(1) Ecological Economics 35

The Current Situation


• IP in Plant Breeders’ Varieties?





Dadaji Ramji Khobragade

•

Case Study: The Story of HMT Rice

Prakash Singh Raghuvanshi

•

Case Study: Rural Innovator

Farmers‘ Varieties Protected under the Indian Plant Variety Protection Act

•

Introduction: The Story of HMT Rice


• Introduction: The Story of HMT


• IP in Plant Breeders’ Varieties?


• Conclusions and Recommendations?

Is UPOV a Good Fit for Developing Countries?

Conclusions? Recommendations?

Thank you for your attention!

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