ICFAI Law School, Hyderabad

Course Hand Out

Academic Year – 2019-20

(Class of 2021)

Course Name: Farmers’ and Breeders’ Rights

Course Code: LE421

Semester: VIII

Faculty Name: Dilip Sharma

Mobile No: +91-7698737458

Email: dilipsharma@ifheindia.org

Objectives of the Course:

The course is designed to provide an insight on farmers and breeders’ rights in India. In this
course, the students will also be able to trace the evolving relationship between farmers and
breeders across the globe. This course is expected to give a concise and minute understanding of
the different policies, programs and conventions relating to farmers and breeders’ rights. The
course also attempts to involve the students in logical and critical discussions on farmers and
breeder’s rights in relation to various governmental policies and programs.

Learning Outcomes:

On the successful completion of this course, the students will be able to understand the concept
of farmers and breeders’ rights in India discussed under various legislations, policies, and
conventions. The students are expected to critically examine the right of the farmers and breeders
of plant varieties, livestock, animal husbandry, and challenges in the implementation of such
rights with reference to various case studies. The students will be able to develop effective
persuasive critical reasoning through discussions on the various policies and programs based on
farmers and breeders’ rights in India and in international context.

Recommended Textbooks and Reference books

S.No. TEXT BOOK AUTHOR / PUBLICATION

1. Law of Plant Varieties Protection Elizabeth Verkey, Eastern Book Company.

2. Plant Varieties & Farmers' Rights Hanchinal R.R. & Raj Ganesh, Eastern Law House.

3. The Breeder's Exception to Patent Viola Prifti, 1st ed., Springer, 2015.
Rights: Analysis of Compliance with
Article 30 of the TRIPS Agreement
4. Breeders Versus Farmers Rajeswari Kanniah, VDM Verlag, 2011.
6. IPR & Plant Breeders' Rights
7. Farmers' rights
8. Indian Agriculture: Performance,
growth and challenges
9. Environmental Law
Reference Readings/Videos: (S.R)
S.No. TITLE
1. Farmers' Right, PPV&FR
Authority, New Delhi, India
(English Subtitle)
2. Plant Variety protection and
farmers rights by Yogesh Pai,
Assistant Professor, NLU Delhi.
3. PPV & FR Act & its Implication
on Indian Seed Industry
4. Dr Ruihong Guo, USDA, on the
US Plant Variety Protection for
Asexually Reproduced Varieties
5. Seminar on Protection of Plant
Variety and Farmers' Right: part 1
6. Seminar on Protection of Plant
Variety and Farmers' Right: part 2
7. Farmers rights by Prof. Kshish
1 Bansal
8. Plant Breeders' Rights (short
3 version)
9. The Legal Protection of Public and
4 Private Plant Varieties in India: A
Comparative Analysis Journal of
Bioremediation & Biodegradation.
10. Agriculture Policies in Developing
6 Countries.
Phundan Singh, First edition, New Vishal Publications,
2009.
Food & Agriculture Organization of the United
Nations (FAO) 2017.
Parmod Kumar & S. Mohanakumar
S.C. Shastri, Eastern Book Company, 3rd Edition.
WEB-LINK
https://www.youtube.com/watch?v=YP_6X_L06RY
https://www.youtube.com/watch?v=_HlTRSnr7zw
https://www.youtube.com/watch?v=meEjaDMSvwk
https://www.youtube.com/watch?v=H9gfx-go1dE
https://www.youtube.com/watch?v=_DLz9_z26jY
https://www.youtube.com/watch?v=JnIHTQ9gFNE
https://youtu.be/u-Fp1aiAtCs
https://youtu.be/9Kg1X3gbmC8
https://youtu.be/YP_6X_L06RYFarmers' Right,
PPV&FR Authority, New Delhi, India.
https://youtu.be/FYqJOR0--9I Plant variety
protection act and its impact on Indian seed industry
https://www.researchgate.net/publication/227389162
_Agriculture_Policies_in_Developing_Countries
Course Outline:

Sl. No. of Topic Key Concepts Text Chapter Learning Outcome

No Sessions Book Reading /Videos
Material
to use

1. 4 Unit I: 1. Definition: Farmer TB 1 Seminar on The students will

Introduction and Breeder – Ch - 1 Protection of get an insight about
meaning nature and Plant Variety the concept of
scope and Farmers' Farmer and
2. Emergence of farmer Right: part 1, Breeders and
rights in India https://www. related rights in
3. Rationale and need youtube.com present era.
for protection of /watch?
farmers rights v=_DLz9_z2
4. Scope of legal 6jY
protection for farmers
in India
5. Existing scenario of
farmers rights in India
6. Research exemption
and community
rights.
2. 7 Unit II: 1. National policy for Agriculture The students will be
National farmers 2007 Policies in able to understand
Scenario 2. Reforms to Developing and analyze the
empower farmers Countries, growth of Indian
3. Integrated sample https://www. agriculture through
survey scheme for researchgate. various policy
estimation of major net/publicati frameworks and
livestock products on/22738916 related challenges.
4. National livestock 2_Agricultur
policy, 2013 e_Policies_i
5. National seed policy, n_Developin
2002 g_Countries
6. Farmers rights under
national agriculture Farmers
policy, 2000 rights by
7. Farmers suicide Prof. Kshish
8. Farm loan waiver Bansal,
9. Minimum support https://youtu.
price be/u-
10. Challenges in the Fp1aiAtCs
implementation of
agricultural policies OECD,
and rural Review of
development Agricultural
Policies in
programs in India
India,
 http://www.o
ecd.org/offic
ialdocuments
/publicdispla
ydocumentp
df/?
cote=TAD/C
A(2018)4/FI
NAL&docLa
nguage=En

Agriculture,
http://planni
ngcommissio
n.gov.in/plan
s/planrel/five
yr/11th/11_v
3/11v3_ch1.
pdf
3. 8 Unit III: 1. Declaration of TB – 1 Peter Button This unit will
International Principles of the Ch -5 (UPOV) introduce the
Scenario World Council of Impact of students with
Indigenous Peoples, UPOV international
1984 Worldwide, scenario on the
2. Indigenous and Balancing Protection of New
Tribal Peoples Conservation Varieties of Plants
Convention, 1989 & Plant and rights of
(No. 169) Breeders indigenous
3. Convention Rights, communities.
Concerning the FAO https://www.
International Code of youtube.com
Conduct for Plant /watch?v=-
Germplasm HcmEiRgqc
Collecting and Q
Transfer, 1993;
4. International Treaty India's Fifth
on Plant Genetic National
Resources for Food Report To
The
and Agriculture,
Convention
2001 On
5. Bonn Guidelines on Biological
Access to Genetic Diversity
Resources and the 2014,
Fair and Equitable https://Ww
Sharing of Benefits w.Cbd.Int/
Doc/World/
Arising out of their
In/In-Nr-
Utilization, 2002; 05-En.Pdf.
6. UN Declaration on
the Rights of
 Indigenous Peoples,
2007;
7. The Nagoya
Protocol, 2010
8. TRIPS agreement
9. International Union
for the Protection of
New Varieties of
Plants (UPOV).
4. 4 Unit IV: 1. Constitutional Pushkar To make students
Legislative provisions Pahwa, familiar with the
Competence 2. The prevention and Rural challenges faced by
control of infectious and development government in
contagious diseases in programmes: implementation of
animals act, 2009 Implementati agricultural policies
3. The agricultural produce on and rural
(grading and marking) challenges development
act, 1937 and programs.
4. Model agricultural solutions.
produce and livestock
marketing Act, 2017 Brief about
5. Telangana water and NRLM,
agriculture land act, https://www.
2002 (WALTA) youtube.com
6. Telangana /watch?
(agricultural produce v=4ZnXALI
and livestock) 69aQ
markets
(amendment) act,
2016

5. 14 Unit V: 1. Evolution of plant TB 1 GI And Plant To make the

Farmers varieties protection Ch 4 Variety students aware
rights under 2. Justification for IP Protection, about the various
intellectual protection Indira legislative
property laws 3. Methods of Gandhi framework for the
protection of plant National protection of rights
and plant products Open of farmers and
4. Patent act, 1970 – University, indigenous
5. Sui generis system 2012, ISBN- communities.
6. The geographical 978-81-266-
indications of goods 5908-1.
(registration and
protection) act, 1999
7. The biological
diversity act, 2002
6. 4 Unit VI: 1. Definition – Farmers TB -8 Meenakshi To make the
Protection of and breeders Ch 11 Rajeev & students familiar
Plant Varieties 2. Criteria for Manojit with the interface
and Farmers’ protection of new Bhattacharje between agriculture
Rights Act, varieties of plants e, Farm and industries and
2001 3. Principles and Non-Farm its significance.
procedures of NDUS Linkage and
testing; - Role of Non-
4. Registration of plant farm Sector
varieties under for Rural
PPV&FR Act 2001 Developmen
5. Breeders, researcher t,
and farmers rights http://www.i
6. Effects of sec.ac.in/PB
registration, %2020%20-
surrender and Farm
revocation of %20Non
registration %20Farm
7. Compulsory %20Policy_f
licensing, inal.pdf.
infringement,
offences and Ranjit Singh
remedies Ghuman,
Rural Non-
Farm
Employment
Scenario:
Reflections
from Recent
Data in
Punjab,
Economic
and Political
Weekly Vol.
40, No. 41
(Oct. 8-14,
2005), pp.
4473-4480.
7. 4 Unit VII: 1. Plant Breeders' TB 1 Walid To make the
Rights of Rights Vis-À-Vis Ch 4 Abdelgawad, students able to
Farmers and Farmers Rights, The BT understand about
Breeders in 2. Conflict International
Brinjal Case: the rights of the
India Obligations &
Domestic The First farmers and
Legislations Legal Action different plant and
Conflict, Against livestock breeders
3. Protection of Plant Monsanto at the national and
Breeders' Rights: and Its international levels.
 Changing Global Indian
Scenario Collaborator
4. Challenges in s for
contemporary
Biopiracy,
globalized world
31
Biotechnolo
gy Law
Report 136
Number 2,
2012.
8. 3 Unit VIII: IPR 1. Need for protection of TB 9 Elisa The students will
& Traditional TK Ch 12 Morgera, get an insight about
Knowledge 2. Protection of Access to the modes of
Traditional Traditional
protection of
Knowledge
Knowledge under traditional
Associated
the Existing Modes with knowledge through
of Intellectual Genetic PIC and benefit
Property and Issues Resources, sharing.
thereof; in
3. Concepts of Prior Unraveling
Informed Consent the Nagoya
Protocol: A
(PIC) and
Commentar
Agreement to benefit y on the
sharing (ABS). Nagoya
Protocol on
Access and
Benefit-
sharing to
the
Convention
on
Biological
Diversity,
https://ww
w.jstor.org/
stable/10.11
63/j.ctt1w7
6vvq.14.
Total 48

Cases

 DCM Shriram Consolidated Ltd. vs Union Of India And Anr, W.P.(C) 4330/2012.
1. Divya Pharmacy v. UOI, Writ Petition (M/S) No. 3437 of 2016.
 Jai Singh Chauhan v. Union of India & Ors, W.P.(C) 7267/2016 & CM APPL.29931/2016.
 Korra Srinivas Rao v. State of Maharashtra and Ors. 2002 (4) MhLj 368
 M/s Sidharth Papers P. Ltd & another v. State of Uttarakhand & others
 Maharashtra Hybrid Seed Co Pvt Ltd v. Union of India & Anr, W.P.(C) 788/2017.
  Maharashtra Hybrid Seeds Co Ltd v. UOI And Ors, W.P.(C) 4527/2010
 Monsanto Holdings Pvt Ltd v. Union of India And Anr, W.P.(C) 7853/2012
 Monsanto Technology v. Nuziveedu Seeds Ltd, CIVIL APPEAL NO(s). 188 OF 2019.
 Mylan Laboratories Limited v. Union Of India, W.P.(C) 5571/2019.
 National Seed Association of India and Anr. (through Executive Director v. The State of
Maharashtra, WP.3390/09
 Nuziveedu Seeds Ltd. And Ors. v. Monsanto Technology Ltd. FAO (OS) (COMM) 86,2017
 Pioneer Overseas Corporation vs Chairperson, Protection of Plant VARIETIES AND FARMERS
RIGHTS AND ORS, W.P.(C) 6208/2014 & CM No.15019/2014.
 Prabhat Agri Biotech Ltd. and Anr. v. Registrar of Plant Varieties and Ors, W.P.(C) 7102/2011
 Prasanthi Breeders Pvt. Ltd. v. Department Of Income Tax, ITA.No.1066 & 1067, Hyd,2015
 Super Agri Seeds Pvt. Ltd., Hyd v. Department Of Income Tax, ITA.No. 909, Hyd,2015
 Venugopala Primary Sheep Breeders Cooperative Society v. The State of A.P. rep. by its
Principal Secretary, Animal Husbandry and others, Writ Petition No.1957 of 2018
 Yashoda Seeds Pvt Ltd And Others v. Nirmal Seeds Pvt Ltd, WRIT PETITION NO.14076 OF
2017.

Articles

1. Bharti, V., On farm front, red is the new green. The Tribune, 2017. 137(21): p. 2.
2. Brown, T., Agrarian Crisis in Punjab and ‘Natural Farming’ as a Response. South Asia: Journal
of South Asian Studies, 2013. 36(2): p. 229-242.

3. Chandrashekaran, S., Vasudev, S., The Beneficiaries of the Indian Plant Varieties
Protection Act, Journal of Intellectual Property Rights, Vol. 7, November 2002.
4. N., E.-H.S., G. C., and H. C. Organic Agriculture and genetic resources for food and agriculture.
in International conference on Biodiversity and the Ecosystem Approach in Agriculture, Forestry
and Fisheries. 2002. Rome, Italy: FAO.

5. Nijar, G.S., Sui Generis Law for Plant Varieties: Preserving The Knowledge and
Creativity of Traditional Plant Breeders : A Third World View.
6. Shiva, V., Biodiversity Totalitarianism IPRS as Seed Monopolies, Economic and
Political Weekly, act. 11d1, 1997.
7. Zaharieva, M., et al., Cultivated emmer wheat (Triticum dicoccon Schrank), an old crop with
promising future: a review. Genetic resources and crop evolution, 2010. 57(6): p. 937-962.

Expectations from Students:

a. Students must report to the respective sessions well before the announced time. Late comers will not be
permitted to join the class after five minutes of the scheduled time.
b. Read the relevant chapter(s) and Case Study / material and come well prepared to the class for
discussions as indicated in the course plan by the faculty.
c. In the class discussions student is expected to participate actively and contribute to individual and group
learning. Evaluation is based on active meaningful participation.
d. The participation has to be relevant and meaningful. “Speaking for speaking’s sake” will be counter-
productive. Participation by just repeating a point made or picking on what someone has said will also be
counter-productive.
e. Evaluation is a continuous process at ICFAI Law School, Hyderabad. Every student needs to be aware of
the timelines given in the section below. Absence from these evaluations will mean non awarding of marks
in that particular component.
 f. Wherever applicable, group assignments require each student to contribute to the group effort. This
enhances group effectiveness and leads to greater appreciation of working in groups.
g. The Students should come in uniform, otherwise they will be marked absent. Do not roam in the academic
area/ attend classes in chappals / shorts / informal t-shirts.
h. Students are expected to show high regard and appreciation for class discipline and desist from using
mobile phones/electronic gadgets/mechanical devices. This disturbs the class ambience and unnecessarily
diverts attention of other students as well as the faculty member. To avoid these, mobile phones should be
switched off inside the classroom.
i. Utilize the scheduled consultation hour to meet the faculty time and clarify doubts if any, seek
explanations and get mentored if needed.
j. Attendance is compulsory in all sessions. Minimum required 75 percentage of attendance
has to be followed by each student. Failure in fulfilling minimum attendance requirement
will result in stoppage from writing/attempting mid- term or end-term exams.

 Five (5) Marks for attendance will be given as below-

Attendance Marks alloted

percentage
96-100 5
91-95 4
86-90 3
81-85 2
75-80 1
Less than 75% 0

k. Students have to submit their assignments on the due date informed by the faculty. For this
no extension of time will be given.

Honour Code:
Unfair practices in tests and plagiarism in assignments / project work will straight away entail a
ZERO to all involved parties.

Class Organization
Class Representative
Two among you will be selected by consensus as Class Representative for each course. She/he will
be responsible for class room arrangements, dealing with academic office, for communicating
information from faculty to the class and otherwise, also to collect all assignments / project works
and deliver them to faculty. He will be the bridge between the faculty and the students of the class
and responsible for the discipline in the class. If found unable to function, he/she will be replaced by
the faculty of the course.

Class Discipline
 Students must occupy their seats before faculty comes in and remain seated until the end of the
class.
 Students must have their name plates on the desk.
 Use of mobile phones is strictly prohibited in the class. If found using or holding the cell phones
the faculty may send them out of the class.
 Students are free to ask questions/doubts/clarifications in the class on topics under discussion.
For other doubts, they should meet faculty during consulting hours.
 No Student is allowed to enter or exit the class rooms during the proceedings of sessions, if so,
the student shall be treated as absent on such date. If repeated more than twice he/she shall be
subjected to absent for 5 days in the concerned subject.

Evaluation Timelines
Keeping in line with continuous evaluation at ICFAI Law School, Hyderabad the following schedules have
been drawn. Students are expected to go through the dates / sessions mentioned and prepare accordingly.

Component Component Expected slot / due Marks Weigh Syllabus

Number date declaration by tage
NCP I Internal 28/02/2020 05/03/2020 10 Unit 1 to 2
Assessment
NCP II Mid Term As per Time table 30/03/2020 20 Unit 1 to 4
NCP III Internal 15/04/2020 16/04/2020 10 Unit 3 to 6
Assessment
NCP IV Class Continuous Evaluation Last Working 5 Unit 1 - 8
Participation Day of
Semester
NCP V Attendance Continuous Evaluation Last Working 5 Not
Day of Applicable
Semester
End Term End Term As per Academic As per 50 Unit 1 - 8
Calendar Academic
Calendar
100

The final grade will be declared after the end-semester examinations following the above given weightage
formula. Before the student takes the end semester examination, he/she should be aware of the progress in
the course up to an extent of 50 marks. There will not be any make-up tests for evaluation tests.

Brief profile of the Faculty Member

Mr. Dilip Sharma is working as an Assistant Professor at ICFAI Law School, Hyderabad. He is also pursuing
his Ph.D. from Nalsar University of Law, Hyderabad in the field of ‘Artificial Intelligence and IPR’. Mr.
Sharma has qualified the UGC-NET exam in July, 2018. He has completed his post-graduate (LL.M.) in IPR
Laws from National Law University, Jodhpur, India. He has done his graduation i.e. B.A. LL.B. (IPR Hons.)
from Institute of Law, Nirma University, Ahmedabad, India. He also has a teaching experience of around one
and half year as an Assistant Professor. Mr. Dilip Sharma has secured highest attainable grade in his LL.M.
dissertation on “Protection of Non-conventional Trademarks: Issues and the Road Ahead” during his post-
graduation.
Mr. Sharma has three research paper publications and seven research paper presentations in his account. Being
an IP enthusiastic he has attended numerous seminars and workshops to enhance his knowledge in the field of
IPR. Mr. Sharma is also a distinguished member of International Council of Jurists.