“The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001″, give rights to farmers, breeders and researches besides giving protection to varieties of all crop species which are notified under the Act. There is also provision for benefits sharing, compensation to the farmers, recognition and award to the farmers for supporting conservation and sustainable use of plant genetics resource.

Objectives of the PPV & FR Act, 2001

1. To establish an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
2. To recognize and protect the rights of farmers in respect of their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.
3. To accelerate agricultural development in the country, protect plant breeders’ rights; stimulate investment for research and development both in public & private sector for the development new of plant varieties.
4. Facilitate the growth of seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers.

Farmers’ rights provided under the PPV & FR Act, 2001

1. Farmer who has bred or developed a new variety shall be entitled for registration and other protection under PPV&FR Act, 2001 in the same manner as a breeder of a variety.

2. Farmer shall be entitle to save, use, sow, re-sow, exchange and share or sell his farm produce including seed of a variety protected under this Act, provided that the farmer shall notbe entitled to sell branded seedof a variety protected under this Act.

3. Farmer’s variety, which has been traditionally cultivated and evolved by the farmers in their fields is exempted from application/registration fees and his application need not be accompanied with fees, affidavit for terminator technology.

3. Farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund provided that material so selected and preserved has been used as donors of genes in varieties registered under this Act.

Every year PPVFR Authority confers Plant Genome Saviour Community Awards, Plant Genome Saviour Farmers Rewards and Plant Genome Saviour Farmers Recognitions to promote, recognize and reward farmers 

Duration of protection of a registered plant variety

The duration of protection of registered varieties is different for different type of crops which are as below:

1. Trees and vines – 18 years.

2. For other crops – 15 years.

3. For extant varieties notified – 15 years from the date of notification under section 5 of the Seeds Act, 1966.

As such those plant varieties present in wilderness cannot be registered, under PPV&FR Authority. However, any traditionally cultivated plant variety which has undergone the process of domestication /improvement through human interventions can be registered and protected subjected to fulfilment of the eligible criteria.

Exemptions provided under the PPV & FR Act, 2001

1. Farmers’ Exemption: Farmer shall be entitled to produce, save, use, sow, re sow, exchange, share or sell his farm produce including seed of a variety protected under this Act.

2. Researcher’s Exemption:

(i) the use of registered variety for conducting experiment.

(ii) the use of variety as an initial source of variety for the purpose of creating other varieties.

The acts of infringement

Following acts may be a case of infringement under the PPV&FR Act:

1. If a person who is not a breeder of a variety registered under this Act, or a registered agent or a registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breederor within the scope of a registered license or registered agency without their permission of the registered license or registered agent.

2. If a person uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety already registered under this Act, in such a way that it causes confusion in the mind of general people in identifying the registered variety.

Punishment

If any person falsely represents a variety as a registered variety then he shall be punishable with imprisonment for a term not less than six months which can be extended up to three years or with a fine not less than Rupees one lakh which may be extend to Rupees five lakhs, or with both.

PPV & FR Authority

To implement the provisions of the Act the Department of Agriculture, Cooperation & Farmers Welfare, Ministry of Agriculture & Farmers Welfare established the Protection of Plant Varieties and Farmers’ Rights Authorityon 11th November, 2005.

The Chairperson is the Chief Executive of the Authority. Besides the Chairperson, the Authority has 15 members, as notified by the Government of India (GOI). Eight of them are ex-officio members representing various Departments/ Ministries, three from SAUs and the State Governments, one representative each for farmers, tribal organization, seed industry and women organization associated with agricultural activities are nominated by the Central Government. The Registrar General is the ex-officio Member Secretary of the Authority.

General Functions of the PPV & FR  Authority

1. Registration of new plant varieties, essentially derived varieties (EDV), extant varieties;
2. Preservation of plant genetic resources of economic plants and their wild relatives;
3. Maintenance of the National Register of Plant Varieties;
4. Maintenance of National Gene Bank, etc.,

The legislation recognizes the contributions of both commercial plant breeders and farmers in plant breeding activity and also provides to implement TRIPs in a way that supports the specific socio-economic interests of all the stakeholders including private, public sectors and research institutions, as well as resource-constrained farmers.

---

Also Read : Wait ! Lay’s Hot potato issue isn’t over Yet to know more about the issue of PepsiCo’s lawsuit against Gujarat farmer and lessons to be learnt out of it.