Protection of Plant Varieties & Farmers’ Rights (PPVFR) Act, 2001

Plant Variety Protection

• It refers to the protection granted for plant varieties.
• These rights are given to the farmers & breeders to encourage the development of new varieties of plants.
• Plant variety protection in India is governed by “The Protection of Plant Varieties & Farmers’ Rights (PPV&FR) Act, 2001”.

Protection of Plant Varieties & Farmers’ Rights (PPVFR) Act, 2001

• PPVFR Act, 2001 has been enacted in India for giving effect to the TRIPS Agreement.
• The PPVFR Act retained the main spirit of TRIPS viz., IPRs as an incentive for technological innovation.
• However, the Act also had strong provisions to protect farmers’ rights.
• The act allows farmers to plant, grow, exchange & sell patent-protected crops, including seeds, & only bars them from selling it as “branded seed”.
• It recognised three roles for the farmer: cultivator, breeder & conserver.
• As cultivators, farmers were entitled to plant-back rights.
• As breeders, farmers were held equivalent to plant breeders.
• As conservers, farmers were entitled to rewards from a National Gene Fund.

Objectives of the PPVFR Act

• Facilitate an effective system for the protection of plant varieties & the rights of farmers.
• Encourage the development of new varieties of plants.
• Protect the rights of the farmers in respect of their contribution in conserving plant genetic resources.
• Facilitate the growth of the seed industry which will ensure the availability of high quality seeds.

Criticism of PPVFR Act, 2001

• Discourages research & innovation: PPVFR Act allows farmers to use patented varieties & hence private companies are not keen to bring new technology.
• India neither invests in public sector nor respects private & foreign players’ IPR (bad for business).