WTO Members have complete freedom to develop sui generis plant variety protection (PVP) systems that recognize and support farmer managed seed systems and implement Farmers’ Rights. Hence several countries, including India and Malaysia have opted to depart significantly from the one-size fits all model of UPOV 1991 and adopted effective, innovative national PVP legislation, implemented through the PVP authority of each country, that includes unique features to balance the interests of commercial breeders, farmers and the public, as well as advances the key requirements of the ITPGRFA, the Convention on Biological Diversity (CBD) and the Nagoya Protocol. India’s ‘Protection of Plant Varieties and Farmers’ Rights Act’ (2001) grants PVP protection while recognizing rights of farmers to save, use, sow, re-sow, exchange, share or sell their farm produce, including seed of a protected variety. Many other measures in the legislation that protect farmers’ interests and needs. Malaysia’s ‘Protection of New Varieties of Plants Act’ (2004) includes provisions that recognize farmers’ seed systems with distinct criteria for registration of farmer variety: “new, distinct and identifiable”. Both legislations include disclosure obligation, i.e. a PVP applicant to declare the source of the genetic material and present evidence of prior informed consent and benefit sharing.