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.