By: ICN Bureau
Last updated : October 06, 2026 10:13 am
When data protection of 5 years is subsequently granted for these molecules, the total exclusivity period extends to approximately 35-36 years
The Crop Care Federation of India (CCFI) has strongly opposed the introduction of data exclusivity for agrochemicals, warning it will severely damage the Make in India initiative and erode the country's multi-billion dollar agro-exports. Data exclusivity prevents local manufacturers from using existing safety and efficacy data to register cheaper, generic alternatives, even after a patent expires.
The industry body cautions that implementing such policies would heavily restrict the agricultural sector by delaying the market entry of affordable, generic crop protection products and severely undermining India’s competitive advantage in domestic chemical manufacturing.
Talking to media, CCFI argued that India has established itself as a global hub for cost-effective, high-quality generic agrochemicals. “Imposing strict data protection laws favours multinational innovators over local manufacturers, shifting the market dynamics away from India's robust domestic production capabilities…When a patented molecule is introduced near or after its global patent expiration, granting subsequent "data protection" or "data exclusivity" creates a de facto market monopoly,” said Deepak Shah.
“Indian manufacturers will face highly restricted market entry timelines for generic alternatives if additional data protections are extended to late-introduced crop protection molecules,” said Deepak Shah, Chairman, CCFI at 63rd Annual General Meeting (AGM) of the industry body. Shah emphasized that the ongoing policy debate surrounding intellectual property rights must be analyzed through the lens of when new chemical molecules are actually launched in India.
According to Shah, multinational innovators routinely launch patented crop protection products in the Indian market years—and sometimes decades—after their initial global rollouts. “Some of the fellow industrialists are asking for 5 years data protection for patent expired molecules which are not yet brought to India followed by 2 years for data generation and 2 years for regulatory registrations. This indicates that molecules effectively enter the Indian market roughly 30 years after patent issuance. When data protection of 5 years is subsequently granted for these molecules, the total exclusivity period extends to approximately 35-36 years. This timeline means that Indian can only apply for registration of such molecules after 35-36 years,” CCFI said in a statement.
The statement further adds: “ If data protection is implemented, molecules registered by Indian companies will have minimal remaining market viability, severely limiting their commercial potential. This scenario undermines India’s competitive advantage in the agrochemical sector, diminishing the manufacturing prowess of Indian companies, and weakens the position of domestic manufacturers in the global market. Indian companies demonstate excellence and compepetiiveness when producing high-quality generic molecules. Implementation of data protection would jeopardize the entire industrial manufacturing valued at Rs. 45,000 crore.”
Rajesh Aggarwal, Vice Chairman, CCFI highlighted that Indian manufacturers are significantly scaling up their investments in R&D. This strategic shift is aimed at synthesizing and manufacturing highly cost-effective next-generation crop protection products specifically tailored to support Indian farmers in improving yield and sustainability.
Addressing the global agrochemical landscape, Aggarwal raised critical questions regarding the registration patterns of multinational corporations. He questioned why global companies that develop breakthrough chemical molecules often delay or entirely avoid registering their innovations in India while these products are still actively shielded by patent protection. This delay, he implied, deprives the Indian agricultural sector of timely access to advanced crop technologies during their peak utility.
Ultimately, the CCFI maintains that the standard 20-year patent period is more than sufficient for global innovators to recoup research expenditures. Granting further data privileges creates "patent evergreening," which fundamentally undermines India's self-reliance in chemical manufacturing and compromises the financial stability of its farming community.