ABSTRACT

In Nepal, the Plant Variety Protection and Farmers’ Rights Bill (PVP&FR Bill) has been drafted and is undergoing review and finalization for approval from the government.1 The PVP&FR Bill will ultimately regulate the registration of plant varieties and grant intellectual property rights protection for these varieties. Plant varieties that are protected in this way will be new plant varieties – both new farmers’ varieties as well as varieties developed by formal breeders. The registration of, and ownership over, traditionally grown, local farmers’ plant varieties and landraces falls within the remit of the Access to and Benefit Sharing from the Use of Genetic Resources Bill (ABS Bill), which has also been drafted and is awaiting for approval from the government.2 Until these bills are implemented, the registration and granting of ownership or intellectual property rights to plant varieties in Nepal is currently partly regulated by the Seeds Act 1988 (first amendment, 2012) and the Seeds Regulation 2013 (after first amendment of Seeds Regulation 1997).3 The National Seed Policy was formulated and brought into force in 1999, which provided further policy guidelines to promote the production and marketing of quality plant seeds in the country.