One of the most controversial agreements that resulted from the Uruguay Round of trade talks (GATT, preceding WTO) is that relating to the granting of Intellectual Property Rights on biological materials through the Trade Related Intellectual Property Rights (TRIPS) system. Under TRIPS member nations are required to grant patents on microorganisms, non/biological and microbiological processes as well as effective IPR protection for plant varieties. TRIPS provides a choice for protecting plant varieties. Members may choose from patents or a sui generis system (particular to the nation) or a combination of the two.

Most developing countries including India have decided not to have patents for plant varieties and have instead chosen the sui generis option. The sui generis system (translating roughly into self generating) means any system a country decides on, provided it grants effective Plant Breeders Rights. TRIPS does not specify what kind of Breeders Rights and it does not say what else a member state can put in its law, apart from Breeders Rights. In short, TRIPS is a flexible system leaving a lot to the discretion of members. As a response to the TRIPS agreement, India has started enacting a series of domestic laws to implement the commitments it has made. The Protection of Plant Variety and Farmers, Rights Act, 2001, is the Indian sui generis legislation.

Hailed as a progressive, pro/developing country legislation, this law provides for well-defined Breeder’s Rights as well as strong and proactive Farmers Rights. Its intent is the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. The Act recognises the necessity of protecting the rights of farmers in respect of their contribution made in conserving, improving and making available plant genetic resources for the development of new plant varieties. In addition, there are clauses to protect the rights of researchers as well as the public interest. The Indian legislation is the first in the world to grant formal rights to farmers in a way that their self-reliance is not jeopardized.