A new report by GRAIN, warns that Free Trade Agreements (FTAs) are increasingly being used to impose restrictive seed patent regimes on developing nations.

Key Findings from the Report

• FTAs as IP Tools: Wealthy nations (such as U.S., EU, Japan, and Australia ) are using FTAs to bypass WTO standards, pushing for tougher intellectual property (IP) rules on seeds and plant varieties.
• Emerging Player: The United Arab Emirates (UAE) has recently included UPOV-style clauses in FTAs with Cambodia, Malaysia, and Mauritius.
• Impact of UPOV-1991:  Corporations enjoy 20–25 years of monopoly rights over new plant varieties, and farmers are barred from saving, reusing, or exchanging patented seeds.
• Global South Under Pressure: Countries across Asia, Africa, and Latin America are being compelled to adopt UPOV-aligned seed laws, curtailing their sovereign ability to design farmer-friendly seed systems.

About International Convention for the Protection of New Varieties of Plants (UPOV Convention)

• Origin: The UPOV Convention was adopted in 1961 in Paris and entered into force in 1968.
• Headquarter: Geneva, Switzerland.
• Objective: To grant Plant Breeders’ Rights (PBRs) for new, distinct, uniform, and stable (DUS) plant varieties, thereby promoting agricultural innovation.
• Rights Duration: Breeders gain exclusive rights over production, sale, and marketing of their varieties for 20–25 years.
• UPOV-1991 Revision: Strengthened breeders’ rights, restricted farmers’ privilege, and made membership exclusive to governments (no private bodies). 
• Member Countries: 80

India and UPOV

• Status: India is not a member of UPOV.
• Alternative System: India follows a sui generis framework under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001.
• Balance Approach: Unlike UPOV-1991, India’s law balances breeders’ incentives with farmers’ rights.
• Under Indian law, farmers can:
  • Save, use, exchange, and sell farm-saved seeds (except branded ones).
  • Receive recognition and rewards for conserving traditional or indigenous varieties.

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