In012en plant variety, act, 2001 page 655 the protection of plant varieties and farmers rights act, 2001 an act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. Trips and the impact on plant variety protection in india. The protection of plant varieties and farmers rights. Commentary on the indian protection of plant varieties and farmers rights act 2001. Protection of plant varieties and farmers rights act. Farmers variety in the context of plant variety protection and farmers rights act, 2001.
Protection of plant varieties and farmers rights act was adopted in 2001 in compliance with trips obligations. In these rules, unless the context otherwise requires. This act protects genera and species of plant both extant varieties and farmers varieties notified by the central government. Overview of the protection of plant varieties and farmers rights act, 2001 anoop mishra, an intern at khurana and khurana, advocates and ip attorneys, looks at the first piece of legislation in the world to protect the farmer and recognize his contribution in preserving the biodiversity and develop new plant. An act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
Is there any act for protecting a new plant variety in india. Protection of plant varieties and farmers rights act ppvfr,5 in august 2001. Oct 10, 2015 the basic objective of the protection of plant varieties and farmers rights ppvfr act 2001 us to recognize and protect the rights of the breeders including farmers and stimulate investment for research and development in the public and private sector for the development of new plant varieties. It is in conformity with international union for the protection of new varieties of plants upov, 1978. Plant breeders rights are intellectual property rights that provide exclusive rights to a breeder of the registered variety. Pdf protection of plant varieties and farmers rights act. This act may be cited as the plant variety protection act amendments of 1994. Ppvfra protection of plant varieties and farmers right act. Although discussions on the plant breeders rights pbr. Rights act, 2001 ppvfr act 2001 was enacted by india. Its passage has ended a long and arduous struggle waged for the recognition of the rights of farmers in indias sui generis legislation. As per section 15 of the act, a plant variety must conform to the criteria of novelty, distinctiveness, uniformity and stabilitythe dus testbefore it is registered.
Protection of plant varieties and farmers rights act, 2001. The protection of plant varieties and farmers rights act of india. Makes the major recommendations relating to national and global issues. The company is the registered breeder of fl 2027 under the protection of plant varieties and farmers rights act, 2001. The act received the assent of the president of india on 30. The protection of plant varieties and farmers rights act. Recently, the protection of plant varieties and farmers. The analysis first studies the problems faced by indian agriculture that the law seeks to resolve. This act has provided opportunity for protection of plant. Indian legislation is not only in conformity with international union for the protection of new varieties of plants upov, 1978, but also have sufficient provisions to protect the interests of public. In most fields of technology, the favored mode of legal protection for inventions is patents a timelimited exclusionary right. Download the legislation pdf laws on plant variety protection, also called plant breeders rights legislation philippine plant variety protection act of 2002 status.
In fact, while the trips agreement is the direct trigger for the. Apr 25, 2019 the company is the registered breeder of fl 2027 under the protection of plant varieties and farmers rights act, 2001. Registration of plant varieties and essentially derived variety, chapter 4. The act ensures plant breeders rights on new varieties of seeds. Protection of plant varieties and farmers rights act in 2001, giving concurrent rights to breeders, researchers and farmers. Conditions for the grant of the plant variety protection, title 5.
Plant breeders rights are intellectual property rights that provide exclusive rights to a. As a result farmers, horticultural producers and home gardeners gain access to an increased number and range of improved varieties. The protection of plant varieties and farmers rights act, 2001 background the protection of plant varieties and farmers rights act, 2001 the act has been passed by both houses of the parliament, after a drafting process that lasted eight long years. Plant varieties and farmers rights act was adopted in 2001 in compliance with trips obligations.
The protection of plant varieties and farmers rights act of india pratibha brahmi, sanjeev saxena and b. Oct 07, 2011 plant variety protection and the purpose plant variety protection provides legal protection of a plant variety to a breeder in the form of plant breeders rights. The patent is for the potato plant variety fl2027 commercial name fc5. Plant variety protection and farmers rights vidyamitra. In agriculture, an alternative form of ip rights called plant variety rights, also known as plant breeders rights pbrs outside of the united states, was developed. This fairly wellwritten, coherent judgment, which was delivered by justice vibhu bakhru, deals with certain interesting dimensions. Short essay on the protection of plant varieties and. Pdf the protection of plant varieties and farmers rights. The protection of plant varieties and farmers rights act, passed by the government of india in 2001, is a sui generis system for protecting plant varieties and the rights of plant breeders. Protection of plant varieties and farmers rights act, 2001, indian bare acts at, a website for indian laws and bareacts, legal advice and law documents in india. Plant variety rights intellectual property office of new. After india became signatory to the trade related aspects of intellectual property rights.
Enacted by india in 2001 adopting sui generis system. The protection of plant varieties and farmers rights act, 2001 the purpose of this law is to lay down the foundations and procedures for the protection of plant breeders rights. The protection of plant varieties and farmers rights act 2001. Protection of plant variety and farmer s right act 2001 1. Legislation for protection of plant varieties and farmers. The plant variety protection act provides legal intellectual property rights protection to breeders of new varieties of plants which are sexually reproduced by seed or tuberpropagated. Commentary on egypts law on the protection of intellectual property rights. Delhi high court on applicability of dna test as evidence to. Plant variety protection and the purpose plant variety protection provides legal protection of a plant variety to a breeder in the form of plant breeders rights. The indian parliament has finally passed the plant variety protection and farmers rights act 2001. Plant breeders rights an overview sciencedirect topics. For the purposes of this act, a register called the national register of plant varieties shall be kept at the head office of the registry, wherein shall be entered the names of all the registered plant varieties with the names and addresses of their respective breeders, the right of such. These include intellectual property rights protection patentbreeders right, types of varieties protected, methods of testing, criteria for protection, duration of protection, exemptions researcherfarmer s exemption, infringement and penalty and compulsory license.
In order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants it has been considered necessary to recognize and protect the rights of the farmers and plant breeders. The plant variety protection and farmers rights act 2001 a sui generis system, is an attempt by the indian government to recognize and protect the rights of both commercial plant breeders and farmers in respect of their contribution made in conserving, improving and making available plant genetic. Plant variety is a legal term, following the international union for the protection of new varieties of plants upov convention. Protection of plant variety and farmers rights act 2001 chennai 3rd floor, creative enclave, 148150, luz church road, mylapore, chennai 600 004.
Federal law on the protection of plant varieties variety. The following chapters of this introduction to the upov system of plant variety protection explain what a plant variety is, the nature of plant breeding, the need for protection of plant varieties. Pepsis north america subsidiary fritolay has the patent until october 2023. The protection of plant varieties and farmers rights authority has. Institutional capacity and implementation issues in farmers rights. The protection of plant variety and farmers right act, 2001 ppvfr act is an act of the parliament of india that was enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. The protection of plant varieties and farmers rights act of. Plant varieties and farmers rights act was adopted in 2001 in compliance with trips. Except as otherwise expressly provided, whenever in this act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or. Pdf protection of plant varieties, breeders rights and. The rights scheme also allows new zealanders access to overseasbred varieties which would not be released here by their breeders without the protection of the legislation. Be it enacted by parliament in the fiftysecond year of the republic of india as follows chapter i preliminary short title, extent and commencement. Its implementation and interpretation for administrative purposes shall be the responsibility of the plant varieties and farmers rights authority.
The protection of plant varieties and farmers rights act, 2001. Grant of plant variety rights application for plant variety rights section 7. The plant variety protection and farmers rights act 2001 a sui generis system, is an attempt by the indian government to recognize and protect the rights of both commercial plant breeders and farmers in respect of their contribution made in conserving, improving and making available plant genetic resources for development of new plant. Protection of plant variety and farmers right act 2001.
Farmers rights act, 2001 and of the faos international treaty on plant genetic resources for food and agriculture. By growing these potatoes without licence, the farmers in gujarat are violating its statutory rights. The criterion of granting protection has been deemed to be novelty, distinctiveness, uniformity and stability. An act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the.
The protection of plant varieties and farmers rights act 2001 was enacted in india to protect the new. Ppvfra protection of plant varieties and farmers rights act. The central government, in 2001, enacted the protection of plant varieties and farmers right act with 11 chapters and 97 sections, for the constitution of an effectual scheme for safeguarding plant varieties and also to care for the right of farmers and breeders of plants. Act 53 of 2001 the protection of plant varieties and farmers. The convention asserts that natural resources belong. Indias plant variety protection and farmers rights.
Intellectual property rights on plant varieties in india. India enacted the protection of plant varieties and farmers rights act hereinafter the act in 2001 pursuant to obligations under article 273 of the trips agreement. Plant varieties protection appellate tribunal applications and appeals rules, 2010. The concept of plant breeders rights arises from the need to provide incentives to plant breeders engaged in the creative work of research which sustains agricultural progress through returns on investments made in research and to persuade the researcher to share the benefits of his creativity with society. This entitles it to an exclusive right over the registered variety. The mandate of the trips agreement in article 273 b resulted in the passing of this act. To implement the act, an apex body called protection of. Commentary on egypts plant variety protection regime. The protection of plant varieties and farmers rights act was passed by the indian government in. An act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders. Dec 14, 20 protection of plant variety and farmer s right act 2001 1. The indian legislation, besides being in conformity with upov, 1978, has sufficient provisions to protect the interests of publicprivate sector breeding institutions and the farmers. The act also include for setting up of a plant varieties and farmers rights protection authority. Delhi hc on protection of plant varieties and farmers.
The protection of plant varieties and farmers rights act 2001 enacted by government of india has several unique features. Plant variety protection and farmers rights youtube. Act 53 of 2001 the protection of plant varieties and. The protection of plant varieties and farmers rights act 2001 was enacted in india to protect the new plant varieties.
Providing intellectual property protection to farmers. The major objectives of the act are to provide an effective system for the protection of plant varieties, the right of farmers. Commentary on the malaysian protection of new plant varieties act 2004. Commentary on the malaysian protection of new varieties act 2004. Iwe hereby declare that iwe amare an authorised agent or licensee in respect of the plant variety, registration no and that iwe amare fully eligible to be a registered agent or licensee under section 28 of the protection of plant varieties and farmers rights act, 2001 53 of. Plant variety protection act agricultural marketing service. The model for this act was the upov convention through which india decided to implement plant variety protection regimes which seek to provide protection to commercial plant breeders and. Dhillon the protection of plant varieties and farmers rights act was passed by the indian government in 2001. This paper can be downloaded in pdf format from ielrcs website at. Outlines the rules relating to the implementation of the protection of plant varieties and farmers rights act, 2001. Recognition of a cultivated plant a cultivar as a variety in this particular sense provides its breeder with some legal protection, socalled plant breeders rights, depending to some extent on the internal legislation of the upov signatory countries, such as. Firstly, plant variety protection is an issue which goes beyond giving incentives to the private sector. Long post the delhi hc, in its recent judgment in maharashtra hybrid seed co and anr v.
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