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.
- Rights of Breeders:
- 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.