Legislative Developments in the Protection of Plant Breeders’ Rights in Pakistan

Abstract

Since Pakistan’s accession to the WTO’s TRIPS Agreement in 1995, legislation providing protection to the breeders of new plant varieties for the effective exploitation of their rights has sought to strike the balance between the rights of the biotechnology companies and the breeders of traditional plant varieties. In 2016, the Government of Pakistan enacted the Plant Breeders’ Rights Act, which is principally designed after the 1991 Act of the UPOV Convention. This article highlights the striking features of the new legislation, the extent of its harmonization with the UPOV 1991, and the provision that contravenes or stands in apparent conflict with the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture, resulting in the marginalization of farmers’ rights and suppressing of efforts towards conservation of genetic diversity for increasing food security in the country.