The World Trade Organization’s (WTO) Trade Related Intellectual Property Rights (TRIPs) agreement was implemented to regulate standards of Intellectual Property (IP) regulations in WTO member countries in 1994. Being a member of the WTO and a signatory to the TRIPs agreement, it is compulsory for Sri Lanka to formulate its IP regulations to comply with TRIPs agreement by the year 2006.

According to the TRIPs agreement Sri Lanka had to provide legal protection to plant varieties and farmers traditional knowledge via patents or by an effective sui generis system or by both by the year 2006. When agro biodiversity is concerned, Sri Lanka has plant varieties with special traits which suits different uses and different agro climatic conditions. The farming practiced over thousands of years has developed a rich array of cultivated plants. Continuous selection of these varieties by the Sri Lankan farmers over centuries and the availability of a wide range of agro- ecological conditions have led to the creation of a wealth of agro bio-diversity.

Due to several reasons such as; lack of demand from civil society, poor legal system, lack of properly established institutional system etc, Sri Lanka was unable to build an effective intellectual property rights regime complying with the agreement, especially for the agricultural sector. Further, due to delay in establishing relevant rules and regulations to comply with the agreement, Sri Lankan agricultural sector has to face several difficulties especially in international trade and also it has lost a number of opportunities to use its own plant varieties for the benefit of future generation due to loss of patentability in plant varieties and farmers traditional knowledge.

The TRIPs agreement has given flexibility to all countries in selecting the protection methods and techniques for plant varieties and farmers traditional knowledge. Thus, the objective of this research study is to identify the best possible method of protection within its legal system and practices and also to propose policy recommendations to protect plant varieties and farmers’ traditional knowledge.