A Critical Analysis of Informal Seed Saving Practices under Corporate IP Regimes in India

In India, informal seed saving remains at the heart of sustainable agriculture and the daily survival of rural communities. Small farmers and agricultural labourers rely on these low-cost, locally adapted seeds. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) gives farmers the formal right to save, use, and share seeds. But the spread of corporate intellectual property (IP) changes everything. Companies use licensing agreements, biotech traits, and strict contracts to quietly lock down seed use, treating seeds as private tech instead of shared community resources.
This paper takes a hard look at the power dynamics behind seed regulation. It argues that corporate driven IP creates “regulatory invisibility,” pushing informal seed systems and agricultural workers out of the legal spotlight. Legal research and case studies from Brazil, the European Union, and recent court decisions in Kenya show that even when people have legal rights, contracts and corporate muscle often override them in practice.
The study makes three arguments. First, it centres agricultural workers’ experiences in the debate over seeds. Second, it defines “regulatory invisibility” in the world of intellectual property. Third, it puts India’s seed laws in conversation with a broader global movement that’s rethinking seed rights. In the final section, the paper proposes a more inclusive approach to seed governance one that doesn’t only reward innovation but also values fairness, transparency, and basic human rights.
Keywords: Seed Governance, Agricultural IPR, Informal Labour, Seed Sovereignty, PPVFR Act