TRIPs Agreement in Protecting New Plant Varieties and Farmers Traditional Knowledge in Sri Lanka

Abstract

Trade Related Intellectual Property Rights (TRIPs) agreement was implemented by World Trade Organization (WTO) to regulate standards of Intellectual Property (IP) regulations in WTO member countries. Being a signatory to the TRIPs agreement, it was compulsory for Sri Lanka to formulate its IP regulations to comply with TRIPs agreement and to provide legal protection to new plant varieties and farmers' rights via patents or by an effective sui generis system or by both by 2006. Although Sri Lanka passed its Intellectual Property Rights Act to comply with TRIPs agreement in 2003, this act does not allow patenting of plants. Consequently, it does not provide protection for the agricultural sector. Due to the inability of providing necessary protection Sri Lankan agricultural sector had to face several difficulties in international trade and also it has lost a number of opportunities to use its own plant varieties for the benefit of future generation According to the TRIPs agreement member countries are allowed to formulate their own IPR system according to their economy, farming and agricultural system. TRIPs agreement provides three options for member countries to protect new plant varieties. Hence, the main objective of this research is to identify the best possible protection method for Sri Lanka. The methodology of this research consisted with literature survey, face to face in-depth interviews amongst main stakeholders and a perception survey by using a questionnaire. The main finding of the research study was that the sui generis system is the most appropriate protection method for Sri Lanka considering its economy, agricultural patterns and farming system. Further, the study suggested several other techniques and methods to implement a strong IPRs system for Sri Lankan agricultural sector.