PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 - POLITY

News: Explained | What is the legal row between farmers and PepsiCo?

 

What's in the news?

       On July 5, the Delhi High Court held that there was “no merit” in the appeal filed by PepsiCo over the patent rights for its ‘unique potato’ variety.

       The appeal was against an order passed by the Protection of Plant Varieties and Farmers Rights’ Authority (PPVFRA), revoking PepsiCo’s registration vis-a-vis the unique potato variety developed by it.

 

Protection of Plant Varieties and Farmers Rights Act, 2001 (PPV&FR Act):

       The Act provides an effective framework to conserve and encourage the development of various plant varieties.

       It established an effective system to safeguard and recognize the rights of breeders, researchers and farmers to promote agricultural development in the country.

       It also facilitates the mushrooming of the Indian seed industry to ensure the availability of high-quality seeds and planting materials to farmers.

 

Uniqueness:

       The Act Introduced intellectual property protection in Indian agriculture and is the world's only IPR legislation which grants intellectual property rights not only to the plant breeders but also to the farmers.

 

Eligibility criteria:

       A variety of seed is eligible for registration under the Act if it fulfils the criteria of Distinctiveness, Uniformity and Stability (DUS). The Act prescribes the registrable plant varieties that can be registered for protection, namely:

       New variety

       Extant variety

       Farmers' variety

       Essentially derived variety

 

Institutional Mechanism under the Act:

       Protection of Plant Varieties and Farmers' Rights Authority (PPVFRA) - To implement the provisions of the Act by the Department of Agriculture and Cooperation, Ministry of Agriculture. General Functions of the Authority includes

       Registration of new plant varieties.

       Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species.

       Facilitate development and commercialization of new varieties through formal linkages with agricultural universities, research institutions and Krishi Vigyan Kendras.

       Recognizing and rewarding farmers, community of farmers, particularly tribal and rural communities engaged in conservation and improvement.

       Maintenance of National Gene Bank to store the seed material.

       Preservation of plant genetic resources of economic plants and their wild relatives.

 

       Plant Varieties Protection Appellate Tribunal (PVPAT) - The decisions of the PVPAT can be challenged in the High Court. The Tribunal shall dispose of the appeal within one year.

 

Rights under the Act:

1. Breeder's Rights:

       Breeders (Seed Producers) will have exclusive rights to produce, sell, market, distribute, import or export the protected variety.

       A breeder can exercise for civil remedy in case of infringement of rights.

2. Researcher's Rights:

       Researchers can use any of the registered varieties under the Act for conducting an experiment or research.

       Researchers can use the initial source of variety for the purpose of developing another variety but repeated use needs the prior permission of the registered breeder.

3. Farmer's Rights:

       A farmer who has evolved or developed a new variety is entitled to registration and protection in like manner as a breeder of a variety.

       A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001

       However, the farmer shall not be entitled to sell branded seed of a variety protected under the PPV&FR Act, 2001.

       There is also a provision for compensation to the farmers for non-performance of variety.

       The farmer shall not be liable to pay any fee in any proceeding before the Authority or Registrar or the Tribunal or the High Court under the Act.

       Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants.