Protection of Plant Variety and Farmers Rights Act (PPV&FRA Act)

Protection of Plant Variety and Farmers Rights Act (PPV&FRA Act)
  • Context:

  • The Union Agriculture Minister recently announced that the Centre will amend the PPV&FRA Act to incorporate stakeholder suggestions.

  • A committee headed by eminent scientist R.S. Paroda has been appointed to review the Act and hold consultations.

  • About the Act:

  • The act was enacted in 2001.

  • It is a unique legislation as it seeks to address the rights of plant breeders and farmers on an equal footing.

  • It recognizes the multiple roles of farmers as cultivators, conservers, and breeders.

  • It is the first Act to integrate Access and Benefit Sharing (ABS) along with Plant Breeder's Rights (PBRs).

  • Key Provisions and IPRs:

  • A variety is eligible for registration if it fulfills the criteria of Distinctiveness, Uniformity, and Stability (DUS).

  • Farmers Rights:

  • Farmers can register their own varieties, like breeders

  • Access to Seed:

  • Farmers are entitled to save, use, sow, re-sow, exchange, share, or sell their farm produce, including seed of protected varieties, provided they do not sell branded seed.

  • Benefit Sharing:

  • Farmers/entities providing Plant Genetic Resources (PGR) for developing new varieties are entitled to a fair share of benefits from commercial gains.

  • Compensation:

  • Farmers can claim compensation if a registered variety fails to perform as disclosed.

  • Reasonable Price:

  • If seeds are not available at a reasonable price, the breeder's exclusive right can be suspended through compulsory licensing.

  • Protection from Infringement:

  • Farmers are protected from prosecution for innocent infringement if they can prove they were unaware of the rights.

  • Compulsory Licensing

  • If after 3 years of registration the seed is not Available to the public or Available at a reasonable price, Authority may issue a compulsory license (Sections 47–51)

  • Fee Exemption:

  • Farmers are exempted from paying registration fees or legal fees under the Act.

  • Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA)

  • A statutory body established under Section 3 to Register plant varieties, Maintain National Register and Grant compulsory licenses if seeds are not available at a fair price.

  • National Gene Fund:

  • The Act establishes a fund to recognize and reward farmers for their contribution to conserving genetic resources

  • For example, Plant Genome Saviour Awards.

  • It also uses funds to reward farmers and conserve genetic resources (Sections 45–46).