Protection of Plant Varieties and Farmer’s Rights Act, 2001

Introduction

The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFRA), was enacted in response to India’s obligations under Article 27(3)(b) of the TRIPS Agreement. This article requires member countries to protect plant varieties through patents or an effective sui generis system.

Objective of the Act

- To provide protection for plant breeders' rights over the varieties they develop.

- To recognize and protect farmers' rights for their contributions in conserving, improving, and making available plant genetic resources for new plant varieties.

Salient Features of the Act

- Recognition of Farmers: Farmers are acknowledged as breeders, conservers, and preservers of traditional crop varieties and wild species. They retain the right to save, use, share, or sell their farm produce of a protected variety, provided the sale is not for commercial reproduction.

- IPR Protection: The Act provides Intellectual Property Rights (IPR) protection for seeds of all agricultural crops, although it restricts farmers' rights to agricultural biodiversity.

- Protection Criteria: Plant varieties are protected based on novelty, distinctiveness, uniformity, and stability (NDUS), with an exception for extant and farmers' varieties where novelty is not required.

- Benefit Sharing: The Act includes provisions for equitable sharing of benefits arising from the use of plant genetic resources, ensuring compensation for village and farming communities when their traditional varieties are used to develop new varieties.

- National Gene Fund: This fund promotes the conservation and sustainable use of genetic resources of agro-biodiversity.

- Scope: The Act covers all plant categories but excludes microorganisms.

Application for Registration (Sec 14)

Any eligible person as specified in Section 16 can apply to register a variety, including:

- Genera and species specified under Section 29(2)

- Extant varieties

- Farmer varieties

Registrable Varieties

- New Plant Varieties: Including hybrids.

- Essentially Derived Varieties: Varieties that retain the essential characteristics of the principal plant but have additional attributes.

- Farmer’s Varieties: The initial variety developed through breeding technology.

- Extant Varieties: Well-known varieties not yet identified from biodiversity materials, for which breeders and cultivators can register.

Registration Criteria (Section 15)

- Novelty: A variety is novel if, at the time of application, it has not been sold or disposed of for exploitation in India for more than one year, or outside India for more than six years (trees or vines) or four years (other cases).

- Distinctiveness: The variety must have at least one distinct characteristic differentiating it from any known variety at the time of application.

- Uniformity: The variety should be uniform in its essential characteristics, with expected variations due to propagation.

- Stability: The variety’s essential characteristics must remain unchanged after repeated propagation or at the end of each propagation cycle.

Eligible Applicants (Section 16)

An application for registration can be made by:

- The breeder of the variety.

- The breeder’s successor.

- An assignee of the breeder.

- Farmers or groups of farmers or communities claiming to be the breeder.

- Authorized representatives of any of the above.

- Universities or publicly funded agricultural institutions claiming to be the breeder.

Conclusion

The PPVFRA is a comprehensive legislation aimed at balancing the rights of plant breeders and farmers. It promotes innovation and protects breeders' rights while acknowledging the essential role of farmers in biodiversity conservation. The Act strives to support both the development of new plant varieties and the preservation of traditional varieties, although it poses challenges in ensuring that farmers' livelihoods and agricultural biodiversity are not compromised.

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Article Compiled by:-

Prerna Yadav

(LegalMantra.net Team)

Disclaimer: Every effort has been made to avoid errors or omissions in this material in spite of this, errors may creep in. Any mistake, error or discrepancy noted may be brought to our notice which shall be taken care of in the next edition In no event the author shall be liable for any direct indirect, special or incidental damage resulting from or arising out of or in connection with the use of this information Many sources have been considered including Newspapers, Journals, Bare Acts, Case Materials , Charted Secretary, Research Papers etc.

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