White Paper on Data Exclusivity in India’s Agrochemical Sector Released by CCFI
23 December 2025, New Delhi: Crop Care Federation of India (CCFI) has released a white paper opposing the introduction of data exclusivity for the Indian agrochemical sector. The paper outlines policy, legal, trade, and farm-level implications, arguing that data exclusivity could affect competition, availability of generics, export performance, and input costs for farmers. The document presents evidence from parliamentary records, trade data, and international experience to support its position.
White Paper on Data Exclusivity
In view of the long-term business and policy interests of Indian agrochemical manufacturers, CCFI’s white paper titled “Data Exclusivity: Highly Detrimental to India’s Farm Economy and Agrochemical Exports” outlines ten key reasons opposing data exclusivity, firmly grounded in economic logic, legal precedent, and public policy, while supporting the Government of India’s vision of Make in India.
The white paper highlights that nearly 90 percent of the global agrochemical market comprises generic products, and notably, all of the world’s top ten selling agrochemicals are generics. India has emerged as a global leader in the manufacturing and supply of generic agrochemicals. Granting data exclusivity for post-patent or off-patent molecules would significantly harm India’s interests by delaying the entry of generics, raising costs, and gradually eroding the global competitiveness of Indian companies.
Parliamentary and Policy Record Against Data Exclusivity
The presentation draws extensively on findings of multiple Parliamentary Standing Committee reports, beginning with the 88th Report dated 24 October 2008, followed by the Commerce Ministry press release of 29 March 2011, the Government-appointed committee of February 2015, and the 36th Parliamentary Standing Committee report of December 2021. These reports consistently caution against extending monopoly protection beyond patent terms, observing that even a 20-year patent monopoly is often excessive in fast-changing technological environments where innovations quickly become obsolete.
Importantly, neither the Insecticides Act, 1968, nor the draft Pesticides Management Bills of 2017 and 2020 contain any provision for data exclusivity. The white paper also clarifies that Article 39.3 of the TRIPS Agreement does not mandate data exclusivity. Historical negotiations under TRIPS (1986–1994) show that proposals for a minimum five-year data exclusivity period by the US and the European Community were strongly opposed by India and other developing countries and were ultimately not adopted.
Evidence of Patent Abuse and Non-Commercialisation
A key concern highlighted is the systematic non-commercialisation of patented agrochemical molecules in India by certain foreign corporations. While patents are secured in India, many molecules are not introduced in the domestic market, even though they are commercialised elsewhere. This practice deprives Indian farmers of access to innovation and constitutes a planned abuse of patent monopoly rights.
Status of Patented Agrochemicals in India (2010–2022)
| Particulars | Number |
|---|---|
| Agrochemical molecules patented in India | 62 |
| Patented agrochemicals commercially launched in India | 27 (44%) |
| Patented agrochemicals not launched in India but commercialised abroad | 35 (56%) |
Data Source: Agribusiness by S&P Global; CIB&RC, Ministry of Agriculture
The Patents Act, 1970 clearly discourages such practices. Section 83 outlines obligations to ensure that patents are worked in India, while Section 84(1)(c) allows the grant of a compulsory licence where a patented invention has not been commercially worked in the country.
Lessons from the De-Facto Data Exclusivity Period
India’s past experience with de-facto data exclusivity has been adverse. During this period, several old and obsolete agrochemicals, many of which were restricted or banned in other countries, were introduced in India under the guise of being new and innovative.
Old Agrochemicals Introduced as “New” in India
| Agrochemical (Formulation) | Year of Global Launch | Year Introduced in India |
|---|---|---|
| Ametryn 80% WG | 1962 | 2015 |
| Bentazone 480 g/l SL | 1968 | 2016 |
| Buprimate 26.7% EC | 1975 | 2017 |
| Diflubenzuron 2% GR | 1975 | 2008 |
| Tetraconazole 3.8% EC | 1988 | 2010 |
This period also saw India becoming a dumping ground for outdated pesticides, accompanied by a sharp rise in imports. Between 2007 and 2017, agrochemical imports surged by 547 percent. In contrast, following the removal of data exclusivity between 2017 and 2024, import growth was limited to 17 percent, while domestic production strengthened significantly.
Impact on Farmers, Competition, and Exports
Harish Mehta, Senior Advisor, Crop Care Federation of India, cautioned that allowing data exclusivity would create monopolies beyond the patent period, delay the introduction of generic products, and increase prices. He said that such a move would adversely affect farmers, weaken India’s agrochemical export competitiveness, and disrupt supplies to countries that rely on India for affordable crop protection products. According to him, data exclusivity would ultimately harm the farm economy and India’s position in global agrochemical trade.
The white paper also challenges the argument that data exclusivity is necessary for innovation. In the last two years, 36 new pesticide molecules have been registered in India, the highest ever, exceeding registrations in several countries that enforce data exclusivity regimes.
India today ranks among the top three agrochemical exporters globally, rising from fifth position a decade ago and surpassing traditional exporters such as France and Germany. Introducing data exclusivity would be a retrograde policy move, contrary to the objectives of self-reliant India, with the potential to weaken India’s export-oriented generic agrochemical industry and disrupt global supply chains says the association.
The white paper referenced in this article can be downloaded here.
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