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Home >> Biotechnology /Genomics and Intellectual Property >> Intellectual Property Rights - IPRs for Plant Breeding >> Protection of Plant Varieties and Farmers' Rights Act (PPV and FRA)
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Protection of Plant Varieties and Farmers' Rights Act (PPV and FRA)
After several years of deliberations and several amendments in the original draft, the latest draft of "Protection of Plant Varieties and Farmer Rights Act" (PPV and FRA), 2001 was passed by the Parliament (Lok Sabha) in August 2001.

The President also gave his assent to the Bill on November 5, 2001, so that the Bill was notified as Act No. 53 of 2001, in the Gazette of India. It was to be enforced from a date that was to be notified by the Union Minister of Agriculture. As a signatory to the Trade Related Intellectual Property Rights (TRIPS) agreement under the World Trade Oragnization (WTO) regime, it was mandatory for the Government of India to enact law to provide for protection of plant varieties either by patents or by a sui generissystem (a unique set of laws) or by a combination of both. In the PPV and FRA, the provisions relating to breeders' rights are more or less the same as recognised by the International Union for the Protection of New Varieties (UPOV).

One of the most important feature of this bill is that it grants Fanners' Rights by recognizing fanners as breeders, cultivators and conservators of the seeds in their possession. It allows the fanners to use for resowing or sell their harvested seed, although they will not be allowed to sell the seed under a brand name. In other words the farmers will not be able to sell their harvested seed to another farmer for the purpose of raising a crop for commercial seed production.

A farmer wiII also be able to register a variety developed by him, provided it conforms to the criteria of novelty, distinctiveness, uniformity and stability. India is the first country in the world which has provided for Fanners' rights in their Protection of Plant Variety Act. The PV and FRA bas been described by plant breeders and NGOs and both positive and negative aspects.

Positive and negative aspects of PPV and FRA.

Positive aspects (gains)

Negative aspects (losses)

1. Farmers get a legal right to sell seed of varieties.

1. Uncertainly about whether farmers can trade in seeds

2. Farmers are recognized as breeders

2. A bureaucratic authority to monitor implementation of the Act

3. Researches will have right to conduct experiments with patented varieties

3. The procedure for registration of varieties is lengthy, expensive and stringent for farmers (as also for breeders)

4. No varieties with terminator genes will be registered

4. Filing of law suits against farmers possible

5. Any government agency or NGO can file a claim on a 5. variety developed by local community

5. Researcher's use of protected varieties may allow entry of GM crops by the' back door

6. Farmers rights proposed for the first time any where in the world

 

The bill also grants breeders the rights to conduct research with a branded variety in order to create a new variety, but distinguishes between a new variety and an essentially derived variety (EDV).

The bill provides for the establishment of a National Gene Fund, which would facilitate 'benefit sharing' between the farmers and any body interested in their knowledge. The bill also calls for setting up of the 'Protection of Plant Varieties and Farmers' Rights (PPV and FR) Authority' which' will consider applications for granting breeder's rights to a new variety and will also give permission to use an EDV. The PPV and FRA has been discussed widely by plant breeders and NGOs. Both positive and negative aspects.
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