Three types of crop genetic resources will play a crucial role in achieving sustainable development in developing countries and in increasing the income of farmers: (i) conventionally bred high yielding varieties (HYVs), (ii) genetically modified plants, and (iii) landraces (farmers' varieties). Their continuous enhancement by breeders, genetic engineers and farmers will, inter alia, depend on economic incentives. Discussing the example of the Indian seed sector, this publication provides a comprehensive overview of the issues involved in IP protection for HYVs, GM plants and farmers' varieties and analyses the options available to legislators in developing countries for setting up a balanced system.
The publication contains a detailed presentation of the international legal framework, the European system of IP protection for plant varieties and biotechnological inventions, and the structure of the Indian seed sector with its future development needs. It also explores the specific problems involved in protecting traditional heterogeneous varieties. A chapter on the principal findings in economics literature on the impact of IP protection provides the necessary background for discussion of the pros and cons of different protection levels for HYVs, GM plants and farmers' varieties and for a detailed analysis of the legislative solutions chosen by the Indian legislator