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.

After joining WTO in 1995, the choice before India was to either enact a law or to accept the plant breeders’ rights given by the International Union for Protection of New Plant Varieties (UPOV Convention). UPOV option was earlier rejected because it denied the farmers the freedom to re-use farm-saved seeds & to exchange them with their neighbours. However, in 2002, India joined the UPOV convention.

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).