In theory, states may be able to invoke Article 73(b)(iii) in defence of measures that are implemented to tackle COVID-19. However, in this post, I have not sought to analyse whether or not invoking Article 73(b)(iii) is a realistic option for some states (especially those in the global south). In a separate post published here, I have suggested that, while (in theory) states might be able to invoke the security exception in the TRIPS Agreement in response to COVID-19, this is not necessarily a realistic option (especially for states that do not possess local manufacturing capacity).
While it may not be explicitly evident, several statutory tools are available to plant breeders to facilitate the protection of their creations in the market. The primary tool remains plant breeders’ rights (PBRs). An examination of legislation available in Kenya illuminates other mechanisms as well, these being seed certification requirements and anti-counterfeiting legislation.