Pesticides Manufacturers and Formulators Association of India (PMFAI) strongly opposed what it describes as aggressive lobbying by multinational corporations (MNCs) and import syndicates seeking the introduction of a five-year Regulatory Data Protection (RDP) or Data Exclusivity provision in the proposed Pesticide Management Bill (PMB). The industry body stated that similar provisions are also being pushed through ongoing Free Trade Agreement (FTA) negotiations between India, the European Union, and the United States. According to PMFAI, the proposed “TRIPS-Plus” demand directly contradicts the recommendations of the Parliamentary Standing Committee on Agriculture, Animal Husbandry and Food Processing in its 36th Report of the 17th Lok Sabha.
Parliamentary Committee Already Rejected RDP for Agrochemicals
PMFAI highlighted that the Parliamentary Standing Committee had comprehensively reviewed stakeholder feedback and clearly recommended that Regulatory Data Protection should not be introduced for agrochemicals. The committee concluded that India’s existing 20-year patent protection framework already provides sufficient time for global innovators to recover investments and generate commercial returns. Therefore, PMFAI argued that any additional exclusivity protection would be unnecessary and harmful to the domestic industry.
Higher Input Costs Could Hurt Small and Marginal Farmers
The association warned that introducing post-patent data exclusivity would severely impact India’s farming community, particularly small and marginal farmers who cultivate landholdings between one and five acres. PMFAI stated that affordable farm inputs play a critical role in ensuring agricultural productivity and rural livelihoods. However, if RDP provisions are introduced, locally manufactured generic crop protection products could be blocked from entering the market for several additional years. As a result, farmers may be forced to buy branded products at significantly higher prices, estimated to be 35% to 50% costlier than competitive generic alternatives. The association cautioned that such market monopolies would increase the financial burden on farmers and negatively affect agricultural profitability.
PMFAI Accuses MNCs of Misleading Policymakers
PMFAI also accused western multinational companies of misleading Indian policymakers by claiming that Regulatory Data Protection is essential for introducing new agrochemical innovations into India. To counter this argument, the association pointed to industry data showing that since 2010, six out of every ten pesticide patents granted to western MNCs in India were never commercially launched in the country, despite being introduced in other global markets. According to PMFAI, many companies are now seeking data exclusivity protection primarily to extend the commercial life of older, off-patent, or near-expiry molecules that were not launched during their active patent periods.
Historical Precedents Raise Industry Concerns
The association further recalled that between 2007 and 2017, executive orders had effectively created a de facto data exclusivity environment in India. During that period, several multinational companies reportedly imported pesticide chemistries that were already 20 to 40 years old, registered them as “new innovations,” and sold them to Indian farmers at premium prices. PMFAI warned that reintroducing similar protection mechanisms could once again distort market competition and increase dependence on imported products.
MSMEs and ‘Make in India’ Could Face Major Setback
PMFAI stressed that the global agrochemical sector is largely driven by generic products, which account for nearly 90% of the worldwide crop protection market, including most top-selling products. India has emerged as the world’s third-largest exporter of agrochemicals by building strong capabilities in generic manufacturing. The association argued that extending regulatory protection beyond the standard patent period would legally restrict Indian Micro, Small and Medium Enterprises (MSMEs) from manufacturing affordable alternatives. This, PMFAI warned, could weaken India’s export competitiveness, disrupt domestic manufacturing growth, and undermine national initiatives such as “Make in India” and “Aatmanirbhar Bharat.”
India Continues to Attract Innovation Without RDP
Rejecting claims that Regulatory Data Protection is necessary to attract new technologies, PMFAI highlighted that India recorded a historic high of 36 new pesticide molecule registrations over the last two years, averaging nearly 1.5 new registrations every month. The association noted that this pace of technology introduction is significantly faster than in countries such as Brazil, Malaysia, and Thailand, which already provide data exclusivity protections. According to PMFAI, India’s large agricultural market and extensive arable land naturally attract global innovation without requiring additional regulatory concessions.
PMFAI Urges Government to Protect Farmers and Domestic Industry
PMFAI has submitted an urgent appeal to the government, urging the Ministry of Agriculture and Farmers Welfare, the Ministry of Commerce and Industry, and the Ministry of Chemicals and Fertilisers to reject any Regulatory Data Protection provisions in the proposed Pesticide Management Bill or future bilateral trade agreements. As per the press release, the association emphasized that protecting farmers’ interests, supporting domestic manufacturing, and preserving India’s agrochemical competitiveness should remain national priorities.
