Analysis of Plant Varieties Genetic Resources in Afghanistan

 The study explains in particular the different forms of legal protection required by international IPR agreements, including the system of plant breeders' rights in the 1978 and 1991 UPOV Acts, the choice between patent and sui generis protection created by article 27.3(b) of the TRIPs Agreement and the impact of so-called "TRIPs plus" bilateral and regional treaties. It analyses the alternatives available to a state depending upon the different IPR treaties it has ratified. Each of these treaties grants national governments a different level of discretion to choose how to protect plant varieties as a form of intellectual property. Once a government has consulted this study to determine the degree of discretion it enjoys as a result of its treaty ratifications, it can then review those portions of the study that identify the mechanisms that it may adopt, consistent with its international obligations, to balance the protection of IPRs against other societal objectives. Governments interested in retaining discretion would be advised to monitor and participate in these negotiations, with a view to harmonizing their international obligations, thereby avoiding the necessity of turning to international tribunals to settle their disputes.