Farmers in developing countries particularly in India are very confused and do not understand the concept of intellectual property right. Some people are misguiding them and creating panic and rumour that the patent law

The law on the subject is contained in the Protection of Plant Varieties and Farmers' Rights Act, 2001 where under the concept of Plant Breeders' Rights has been provided legal sanction/authority. There is undoubtedly a need to provide incentives to the Plant Breeders who are engaged in the creative work of research which sustains agricultural progress through returns on investments made in research and to persuade the researchers to share the benefits of their creativity with the society. The issue of enacting a law relating to Plant Varieties Protection and Farmers' Rights in India assumed importance particularly in the wake of TRIPS agreement under WTO which seeks to promote effective protection of Intellectual Property Rights in all fields of technology. Article 27 of TRIPS Agreement defines "Patentable subject matter" and requires member countries to provide for the protection of plant varieties whether by patenting or by an effective sui generis system or any combination thereof. With a view to provide for the establishment of an Authority to give an effective system of protection of the rights of plant breeders and farmers, and to encourage the development of new varieties of plants and to give effect to the provisions of TRIPS Agreement, the Parliament enacted the Protection of Plant Varieties and Farmers' Right Act, 2001. The Act seeks to stimulate investment for research and development both in the public and private sectors for the development of new plant varieties by ensuring appropriate returns on such investments. It also seeks to facilitate the growth of the seed industry in the country through domestic and foreign investment to ensure the availability of high-quality seeds and planting material to Indian farmers. It also recognizes the role of farmers as cultivators and conservers and the contribution of traditional, rural and tribal communities to the country's agro biodiversity by rewarding them for their contribution through benefit sharing and protecting the traditional rights of the farmers. The Act also provides for setting up of the Protection of Plant Varieties and Farmer's Rights Authority to promote and develop new varieties of plants and promote rights of the farmers and breeders. Considering the above, it is not correct to say that the Patent Law prohibits the Farmers from using seeds (for cultivation) which are not a subject matter of grant of a right under the Protection of Plant Varieties and Farmers' Right Act, 2001. In fact, the law is meant to provide protection to the farmers' rights over the inventions that they are able to come up with and disclose them for the benefit of the common public at large.