Plant Variety Protection: Yesterday, Today and Tomorrow; With Special Reference to UPOV Convention, 1991 and TRIPS Agreement

Abstract

Plant variety protection has been identified by the industrialized countries for a long time. As a result of this identification plant variety protection became as an internationally identified protection system since 1991 by introducing the International Convention for the Protection of New Varieties of Plants (UPOV Convention). Further, this protection has been identified by the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPS) as a sui generis form of intellectual property protection. Sri Lanka has limited number of legislations such as Fauna and Flora Protection Ordinance, Forest Ordinance, Plant Protection Act, etc. on plant protection but, these legislations have identified only the physical protection of the plant resources not the protection of the genetic resources and as a result, this can be identified as a great weakness of our existing legal framework. As a solution for this loophole, Sri Lanka has taken steps to introducing a Bill on Plant Variety Protection (Breeder's Rights) which was drafted in 2001 and 2011, but still it remains as a failure endeavour. However, Sri Lanka, as a nation rich in bio-diversity, it is very much important to implement a law on plant variety protection to protect agriculture, food and bio safety indoors the country. Because Sri Lanka has lost number of worthwhile opportunities to use hers own plants for agriculture and medicine purposes due to the loss of patentability. Hence, protection of new plant varieties is a key topic to focus on. Therefore this research paper focussed the importance of introducing a new plant variety protection law based on UPOV Convention and TRIPS Agreement.