INFLUENCE OF THE WTO-TRIPS FRAMEWORK ON INDIAN PATENT LAW: LEGAL CHALLENGES IN PROTECTING HYBRID PLANT VARIETIES

DOI: https://doie.org/10.65985/APER.2025551126

Authors:

Mukesh Kumar, Dr Bhateri

Keywords:

WTO (World Trade Organization), Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, Indian Patent Law, Hybrid Plant Varieties, Biotechnology.

Abstract:

This research article rigorously analyzes the impact of the WTO-TRIPS Agreement on Indian patent law, concentrating on the problems and possibilities associated with the protection of hybrid plant types. The research examines the convergence of international requirements and national legislative responses, particularly via the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act. This study examines case studies, including Sakata Seed Corporation v. Deputy Controller of Patents and Designs, Monsanto v. Nuziveedu Seeds, and Novartis v. Union of India, to illustrate the evolution of Indian law in accommodating human engagement in biotechnology processes. The study used a content analysis technique to assess legislative provisions, judicial interpretations, and policy changes that affect the patentability of hybrid plants. It underscores the need for a sophisticated legal framework that promotes innovation, safeguards traditional agricultural rights, and aligns with food security objectives. The results indicate India's progressive compliance with international intellectual property norms, while maintaining a pro-farmer and pro public interest stance in its patent system.

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