Protection of Plant Variety and Farmers’ Rights Act, 2001 (PPVFR Act) – UPSC Economy Notes

Enacted in 2001, the Protection of Plant Variety and Farmers’ Rights Act (PPVFR Act) strikes a balance between innovation and tradition in Indian agriculture. Recognizing the crucial role of both plant breeders and farmers, the Act establishes a system to protect new varieties while safeguarding farmers’ time-honored practices. This ensures a thriving seed industry alongside continued farmer autonomy in seed saving and sharing.

The Protection of Plant Variety and Farmers’ Rights Act, 2001, was enacted with the following objectives:

1. Effective System for Plant Variety Protection:
   • Establish an effective system for the protection of plant varieties.
2. Protection of Rights of Farmers and Plant Breeders:
   • Protect the rights of farmers, researchers, and plant breeders.
3. Encourage Development and Cultivation of New Plant Varieties:
   • Encourage the development and cultivation of new varieties of plants.

Key Provisions:

1. Granting Intellectual Property Rights:
   • The PPVFR Act grants intellectual property rights to plant breeders, researchers, and farmers who have developed new or extant plant varieties.
2. Heritable and Assignable Rights:
   • The rights granted under the Act are heritable and assignable. Only the registration of a plant variety confers these rights.
3. Rights of Farmers:
   • Farmers are entitled to save, use, sow, re-sow, exchange, or sell their farm produce, including seeds of a registered variety in an unbranded manner.
4. Registration of Farmers’ Varieties:
   • Farmers’ varieties are eligible for registration under the Act.
5. Duration of Protection:
   • The period of protection for field crops is 15 years, and for trees and vines, it is 18 years.
6. Exclusive Rights:
   • Breeders are granted exclusive rights, including the right to produce, sell, market, distribute, import, and export the protected variety.
7. Civil and Criminal Remedies:
   • The Act provides civil and criminal remedies for the enforcement of breeders’ rights.
8. Benefit-Sharing and Compulsory Licensing:
   • Provisions are included for benefit-sharing and compulsory licensing if a registered variety is not made available to the public at a reasonable price.
9. Compensation for Rural Communities:
   • Compensation is provided for villages or rural communities if a registered variety has been developed using any variety in whose evolution such a village or the local community has contributed significantly.

The PPVFR Act plays a crucial role in balancing the interests of plant breeders, researchers, and farmers while promoting the development and protection of plant varieties in India.

PepsiCo Lawsuit and the PPVFRA: Balancing Intellectual Property and Farmers’ Rights

PepsiCo, the US snack and beverage giant, filed a lawsuit against farmers in Gujarat, India, for cultivating a specific variety of potato used in making Lay’s chips, a product of PepsiCo. The company claimed intellectual property rights (IPR) on the potato variety, FL 2027, which was one of the two potato varieties registered by PepsiCo.

Legal Landscape:

1. Intellectual Property Rights (IPR):
   • PepsiCo’s registration of FL 2027 conferred exclusive rights on the breeder, including the right to produce, sell, market, distribute, import, and export the protected variety.
2. PPVFRA – Protection of Plant Varieties and Farmers’ Rights Act, 2001:
   • Indian law, particularly the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFRA), grants significant rights to farmers. The PPVFRA is a sui generis system enacted to meet the demands of the World Trade Organization (WTO) for legislation to protect breeders’ interests.

Key Points from PPVFRA:

1. Farmers’ Rights:
   • The PPVFRA protects the rights of both breeders and farmers. A special chapter in the Act safeguards farmers’ access to seeds, making it the only legislation globally guaranteeing farmers’ rights.
2. Prior Rights of Farmers:
   • Despite IPR claims by breeders, the PPVFRA ensures that farmers retain certain rights. Farmers are entitled to save, use, sow, re-sow, exchange, share, or sell their farm produce, including seeds of a protected variety.
3. Restriction on Branded Seed Sales:
   • While farmers have the right to use and exchange seeds, they are restricted from selling branded seeds of a variety protected under the Act.

Global Context:

1. Union for the Protection of Plant Varieties (UPOV):
   • Other countries typically follow the Union for the Protection of Plant Varieties (UPOV), an international agreement offering limited rights to farmers. In contrast, India’s PPVFRA provides more extensive protections for farmers.

The PepsiCo lawsuit highlights the delicate balance between protecting intellectual property rights and safeguarding the age-old practice of farmers saving and exchanging seeds. In this case, Indian law, particularly the PPVFRA, gives precedence to farmers’ rights, reflecting a unique approach in global agricultural legislation.

FAQs

1. Who benefits from the PPVFR Act?

The Act benefits two main groups:

• Plant Breeders: The Act grants breeders exclusive rights to control activities like production, sale, and distribution of new, registered plant varieties. This encourages them to develop improved varieties.
• Farmers: Farmers can save, reuse, sow, exchange, share or sell their farm produce, including seeds of protected varieties, for further cultivation on their own farm. They can also register their own unique varieties.

2. How long does protection last under the Act?

The duration of protection for registered varieties varies:

• Trees and Vines: 18 years
• Other Crops: 15 years
• Extant Varieties (existing well-known varieties): 15 years from the date of notification under the Seeds Act, 1966

3. What are some farmer rights under the PPVFR Act?

The Act recognizes several farmer rights, including:

• Saving and reusing seeds from a protected variety for sowing on their own farm.
• Exchanging seeds of a protected variety with other farmers for their own cultivation.
• Selling produce (including seeds) grown from a protected variety, but not branded seeds.
• Registering their own unique varieties as farmers’ varieties.

4. What is considered infringement under the Act?

Activities that infringe on a breeder’s rights include:

• Selling, exporting, importing, or producing a protected variety without permission from the registered breeder.
• Selling branded seeds of a protected variety without permission.
• Activities by a licensee or agent exceeding the scope of their license or agreement.

5. How can farmers register their own crop varieties?

The PPVFR Act allows farmers to register their unique crop varieties. The registration process typically involves contacting the Plant Varieties Protection Authority (PVPA) of India for guidance and following their application procedures.

In case you still have your doubts, contact us on 9811333901. 

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