Indian Agrochemical Industry Pushes Back on Data Protection Proposal
India’s agrochemical sector is stepping up opposition to proposed regulatory changes in the Pesticides Management Bill, 2025. In a letter dated April 27, the Pesticides Manufacturers & Formulators Association of India (PMFAI) urges the government to reject calls — backed by multinational companies and importer groups—for five years of Regulatory Data Protection for agrochemicals. The association argues that such a provision would extend market exclusivity beyond existing patent terms, limit competition, and ultimately raise costs for farmers. Below is an edited version of the letter submitted to Agriculture Minister Shivraj Singh Chouhan.
Subject: Unfair Demand for Regulatory Data Protection for Agrochemicals Beyond Patent Period
Reference: The Pesticides Management Bill, 2025 (PMB 2025)
Hon’ble Sir,
We, the Pesticides Manufacturers & Formulators Association of India (PMFAI), are a national association representing the pesticide and bio-pesticide industry, with 221 large, medium, and small-scale Indian member companies. Established in 1967, we have been serving the Indian agri-input industry and farming community for decades.
We wish to bring to your kind notice that the issue of “Regulatory Data Protection for Agrochemicals” has been examined by multiple Ministries over the past 16 years, with consistent recommendations against its adoption.
Despite the recommendations of the Parliamentary Standing Committee on Agriculture, Animal Husbandry and Food Processing not to consider such provisions, we observe continued lobbying by certain multinational corporations (MNCs) and importers for inclusion of Regulatory Data Protection for Agrochemicals for a period of five years in the Pesticides Management Bill (PMB 2025).
The Parliamentary Standing Committee, after extensive consultation with stakeholders, concluded that the existing patent period of 20 years is sufficient for innovators to recover their investments in the discovery and introduction of new molecules, provided these are introduced within the patent period in India. The Committee also observed that India’s large and growing agrochemical market and vast arable land are sufficient to attract both domestic and foreign innovations without the need for additional data protection.
Reasons for not considering Regulatory Data Protection:
- Regulatory Data Protection is being sought for off-patent generic molecules that have already completed or are nearing completion of their 20-year patent term.
- Data Protection/Data Exclusivity is a TRIPS-plus measure that would delay the introduction of affordable generic pesticides for Indian farmers.
- Indian agriculture is predominantly composed of small landholding farmers (1–5 acres). The availability, accessibility, and affordability of agrochemicals are critical to farm productivity and livelihoods. Evidence suggests that data exclusivity does not support these goals.
- There has been underutilization of granted patents by MNCs in India. Of every 10 patents granted since 2010 for new pesticide molecules, six have not been commercialized in India, despite being launched in other markets.
- The same companies that did not commercialize patented molecules are now lobbying for data exclusivity to introduce older, off-patent products into India.
- In the past two years, 36 new pesticide molecules have been registered in India (approximately 1.5 per month), a record high and higher than in countries that provide data exclusivity, such as Brazil, Malaysia, and Thailand.
- India is currently the third-largest exporter of agrochemicals globally, up from fifth place a decade ago, surpassing countries like France and Germany. Policy support should focus on strengthening this growth through generics, not restricting it.
- Unlike the pharmaceutical industry, the agrochemical market is dominated by generics, which account for nearly 90% of global sales. India is a global leader in generic agrochemical production and supply.
- Granting Regulatory Data Protection beyond the patent period would:
- Increase costs for farmers by delaying access to affordable products;
- Prevent Indian MSMEs from entering the market; and
- Reduce competition.
- The lifecycle of a pesticide is approximately 30–35 years. Extending protection beyond the 20-year patent period would significantly limit or eliminate opportunities for generic entry.
- MSMEs, which are major contributors to India’s GDP, would be disproportionately impacted and unable to compete effectively.
- The Parliamentary Standing Committee, during deliberations on the Pesticide Management Bill 2020, also rejected data protection provisions after thorough stakeholder consultation.
- The Committee reaffirmed that India’s market size and growth potential are sufficient to attract innovation without additional regulatory protections.
- Introducing TRIPS-plus measures such as Regulatory Data Protection would be detrimental to India’s socio-economic interests and undermine initiatives like “Make in India” and “Aatmanirbhar Bharat.”
- Additional protection would also negatively impact exports, as Indian manufacturers would be unable to export off-patent molecules efficiently in markets with shorter regulatory requirements.
Conclusion
In light of the above, we humbly request your esteemed office not to accede to the demand for inclusion of Regulatory Data Protection for Agrochemicals in the Pesticides Management Bill (PMB 2025).
Granting such protection beyond the patent period would:
- Deny farmers access to affordable pesticides
- Restrict MSME participation
- Reduce market competition, ultimately harming the farming community
We also request an opportunity to meet with you at a convenient date and time to present our concerns in greater detail.
Thanking you,
Yours faithfully,
Pesticides Manufacturers & Formulators Association of India (PMFAI)
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