Dr Som Dutt
The Indian farmers have been innovative since time immemorial. They are involved and successfully feeding the country as well as the world. Adequate measures are required to give proper credit to farmers for a number of R&D efforts done by them, but farmers are not aware of that so far. Keeping in view, our policy-makers in the Government of India have come up with the development of a progressive and due step, known as ‘Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001.
This Act encourages our innovative farmers equally to those of plant variety breeders and scientists as well. The Act will accrue the interest among farmers. And our farmers will be comfortably successful in restoring and conserving our genetic resource— the national heritage.
This Act will provide effective system for the protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development of new varieties of plants. It has been necessary to recognize and to protect the rights of farmers for their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.
The 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/private sector breeding institutions and farmers.
The legislation recognizes the contributions of both commercial plant breeders and farmers in plant breeding activity and also implement TRIPs in a way that supports specific socio-economic interests of all stakeholders, including private, public sectors and research institutions, as well as resourceconstrained farmers, says Dr R.C. Agrawal, Registrar- General, PPV&FR, New Delhi.
The Department of Agriculture and Cooperation, Ministry of Agriculture, established the PPV&FRA(Protection of Plant Varieties and Farmers’ Rights Authority) on 11 November 2005.
The objectives of the PPV&FR Act, 2001 are to establish an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants; to recognize and protect the rights of farmers in respect of their contributions made at any time in conserving, improving and making plant genetic resources for development of new plant varieties; to accelerate agricultural development in the country, protect plant breeders’ rights; stimulate investment for research and development both in public and private sectors for the development of new plant varieties. And to facilitate the growth of seed industry in the country which will ensure the availability of high-quality seed and planting material to farmers.
A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001.
Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants.
There is also a provision for compensation to farmers for non-performance of variety under Section 39 (2) of the Act, 2001. The farmers shall not be liable to pay any fee in any proceeding before the Authority or Registrar or the Tribunal or the High Court under the Act.
What is DUS? A variety is eligible for registration under the Act if it essentially fulfills the criteria of Distinctiveness, Uniformity and Stability (DUS).
The Central Government issues notification in official Gazettes, specifying the genera and species for the purpose of registration of verities. So far, the Central Government has notified 57 crop species for the purpose of registration. The PPV&FR Authority has developed “Guidelines for the Conduct of Species Specific Distinctiveness, Uniformity and Stability”, tests or “Specific Guidelines”, for individual crop species.
These include bread wheat, rice, maize, sorghum, peal millet, chickpea, pigeonpea, greengram, blackgram, field pea/garden pea, kidney bean/french bean, lentil, diploid cotton (two species), tetraploid cotton (two species), jute (two species), sugarcane, ginger, turmeric Indian mustard, rapeseed, gobhi sarson, sunflower, safflower, castor, sesame, linseed, groundnut, soybean, black pepper, small cardamom, rose, chrysanthemum, mango, potato, eggplant, tomato, lady’s finger, cauliflower, cabbage, onion, garlic, durum, dicoccumand triticum species of wheat, isabgol, menthol mint, damask, rose, periwinkle and brahmi.
The Authority has established National Gene Bank to store the seed material, including parental lines submitted by breeders of registered varieties.
Any person if applies for registration of a variety in India within 12 months after the date on which the application was made in the convention country, such variety shall, if registered under this Act, be registered as of the date on which the application was made in convention country and the date shall be deemed for the purpose of this Act to be the date of registration.
The Act provides for establishment of Plant Varieties Protection Appellate Tribunal (PVPAT).
All orders or decisions of the Registrar of Authority relating to registration of variety and orders or decisions of the Registrar relating to registration as agent or decisions of the Registrar relating to registration as agent or license can be appealed in the Tribunal.
Further, all orders or decisions of Authority relating to benefit sharing, revocation of compulsory license and payment of compensation can also be appealed in the Tribunal.
There is transitory provision by which it is provided that till the PVPAT is established the Intellectual Property Appellate Board (IPAB) will exercise the jurisdiction of PVPAT. The decisions of the PVPAT can be challenged in High Court.
The Tribunal shall dispose of the appeal within one year. (PTI)
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