Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act)

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

 

IPR MANAGEMENT

 TANMOY MUKHERJEE

[ADVOCATE]

 

Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act): -

The protection of Plant Varieties and Farmers’ Rights Act, 2001 is a landmark legislation enacted by the Govt. of India to provide a legal framework for the Protection of Intellectual Property Rights in plant varieties.

          It came into force on 3^rd September, 2001 and is administered by the Protection of Plant Varieties and Farmers’ Rights Authority under the Ministry of Agriculture and Farmers’ Welfare.

          This Act was introduced in response to India’s obligations under the World Trade Organization’s TRIPS Agreement, which mandates its members to protect Plant Varieties either by Patents or by an affective SUI GENERIS (Unique) System. India chooses to adopt SUI GENERIS System to Agricultural Context.

 

Objective (Importance): -

1. To Provide Intellectual Property Protection to Plant Breeders: -

 

1. Recognise and protect the rights of plant breeders for the development of new varieties,
2. Encourage investment in agricultural innovation through legal safeguards.

 

2. To Recognise and Protect Farmers Rights: -

 

1. Acknowledge the contribution of farmers in conserving, improving and making available plant genetic resources.  
2. Allow farmers to save, use, sow, re-sow, exchange and sell farm produce including seeds.

 

3. To Encourage the Development of New Plant Varieties: -

 

Stimulate research and innovation in plant breeding by both public and private sectors.

4. To Ensure the Availability of High-Quality Seeds to Farmers: -

promote the use of superior plant varieties that enhance productivity and sustainability.

 

5. To Establish an Effective System for Plant Varieties Registration:-

 

Provide a formal process for the registration of new, extant, Essentially Derived Plant Varieties (EDVs).

 

6. To Facilitate Benefit Sharing: -

 

Ensure that communities of individual to contribute traditional knowledge or generic material are fairly rewarded.

 

7. To Promote Conservation of Plant Genetic Resources: -

 

Protect bio-diversity by recognising the importance of local and indigenous varieties.

 

8. To Comply with International Agreements: -

 

Fulfil India’s obligation under the WTO- TRIPs Agreement by creating a SUI GENERIS System for plant variety protection.

 

9. To Protect Bio-piracy: -

 

Deter unauthorised exploitation of India’s rich plant genetic heritage and traditional Knowledge.

 

10.  To Establish the National Gene Fund: -

 

Support the conservation and sustainable use of genetic resources and funs benefit sharing and farmer compensation.

Section 14: -

Section 15: -

Section 15(2): -

Apart from new varieties the following can also be registered.

Section 15(3):

Exclusion: -

Reference Case: