Why in the news?

  • The Union Minister for Agriculture announced that the centre is planning to bring amendments to the Protection of Plant Variety and Farmers’ Rights Act (PPV&FRA Act), 2001.

Protection of Plant Variety and Farmers’ Rights Act (PPV&FRA Act), 2001

  • What is it?: It is an Indian law that establishes an intellectual property framework to protect new plant varieties and, crucially, the rights of farmers
  • Launch: Enacted in 2001, operational from 2005.
  • Objectives:
    • Encourage development of new plant varieties.
    • Protect plant breeders’ rights.
    • Protect and recognize farmers’ rights to save, use, exchange, and sell farm-saved seeds.
    • Ensure availability of high-quality seeds to farmers.
    • Promote agricultural development through innovation in plant breeding.
  • Key Provisions:
    • Rights of Breeders:
      • Breeders get exclusive rights to produce, sell, market, distribute, import, or export a registered variety.
      • Breeders must deposit seeds/propagating material at the National Gene Bank.
    • Farmers’ Rights:
      • Right to Save, Use, Exchange & Sell Seeds: Farmers can save, use, sow, resow, exchange, share, or sell farm-saved seeds of protected varieties, but cannot sell them branded in labeled packages.
      • Right to Register Varieties: Farmers can apply for registration as breeders of “Farmers’ Varieties.”
      • Protection Against Innocent Infringement: If a farmer unknowingly infringes a breeder’s right, he/she is not liable for punishment.
      • Compensation: If a registered variety fails to perform as claimed, farmers can claim compensation from the breeder.
    • Types of Plant Varieties That Can Be Registered:
      • New Variety
      • Extant Variety (already in cultivation)
      • Farmers’ Variety
      • Essentially Derived Variety (EDV)
      • Varieties of Common Knowledge
    • National Gene Fund:
      • Created to support conservation of genetic resources and share benefits with farmers.
      • Sources: breeder royalties, compensation payments, benefit sharing.
    • Benefit Sharing: Farmers/communities who contributed to developing or conserving genetic resources receive monetary benefits from breeders who used them.
    • Compulsory Licensing: If a breeder fails to make seeds of a protected variety available at reasonable price/quality, the government can issue a compulsory license to another producer.
  • Significance:
    • Balances IPR protection with traditional rights of farmers.
    • Promotes innovation in seed development & plant breeding.
    • Protects India’s agrobiodiversity and traditional varieties.
    • Enhances seed quality and agricultural productivity.