The Protection of Plant Varieties and Farmer’s Rights Act 2001 is to protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plan varieties. The Act also provide protection to Plant Breeder’s rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties. This protection will facilitate the growth of the seed industry in the Country which will ensure the availability of high quality seeds and planting material to the farmers.

The concept of Plant Breeder’s Rights arises from the need to provide incentives to plant Breeders engaged in the creative work of research which sustains agriculture progress through returns on investments made in research and to persuade the researcher to share the benefits of his creativity with society.

The main features of The Protection of Plant Varieties and Farmer’s Right Act 2001 (PPV & FR ACT 2001) is appended below:—

1.  Authority for protection of plant varieties and Farmer’s Rights Ch II (Sec.3-11)

∙ An Authority at National level and a Registry.
∙ Independent and permanent body vested with exclusive authority for implementation of  the Act.
∙Broad-based composition: Scientists, State Representatives, Farmers/Tibal, Women’s Organizations etc.
∙Standing committee on Farmer’s Rights.
∙National Register.

2. Registerable Varieties

∙Sec. 15(1): Criteria for protection: Novelty, distinctness, uniformity, and suitability (DUS).
∙Sec. 17(1): The variety should have a single and distinct denomination varieties.

3. Essentially derived variety (EDV) Sec.23

∙A variety derived from an initial variety can be registered /protected.
∙Authorization by the Breeder of the initial variety to the breeder.

4. Duration of the Protection (CH.Iv, Sec.24 (6)

∙15 Years from Date of Notification for extant Varieties.
∙15 Years in other cases. (Certificate of Registration shall be valid for 9 years in case of Trees and vines, and 6 years in case of others Crops which may be reviewed/renewed for the remaining period.)

 5. Registration to confer Right (CH.IV, Sec.28)

∙ The Certificate of registration shall confer an exclusive right on the Breeder ( or his successor, agent, licensee) to produce, sell, market, distribute, import or export the variety.
∙ A Breeder may authorize any person for above acts.
∙ Agent or licensee shall apply for obtain a certificate of registration from the Registrar.

6. Researcher’s Rights (Sec.30)

∙ Researchers right to use plant variety for experiment or research or as an initial source of
variation for the purpose of crating other varieties excepting the repeated use of a protected variety for commercial production of another variety.

7. Provision for convention Countries (CH.IV, Sec.31.32)

∙For fulfilling a treaty/convention, a Country can be declared to be a convention country.
∙A person from a convention country can apply for registration in India within 12th Months from the date when it was made in the convention country and shall be registered/protected from the Original Data.

∙Provision for reciprocity.

8. Revocation of protection:(CH.V, Sec.34)
∙Incorrect information.
∙Incomplete information.
∙Person is not eligible.
∙Failure to provide (i) alternative denomination when so needed,(ii) seed/propagating  material.
∙Non-compliance with provisions/directions.
∙Not in public interest.

9. Farmer’s Right: (Sec.39)

∙Sec.39 (iv):Farmers are entitled to save , use, sow, re-sow, exchange, share or sell his farm
produce, including seed of a protected variety.
∙Farmers will not be entitled to sell branded seed of a protected variety.
∙Sec.39 (iii): The Farmer’s rights also include the rights arising from conserving, improving
and making available the genetic resources.

10. Coomunity Rights: (Sec.41)

∙Recognition of the role of Traditional communities in conserving and preserving genetic
resources of land races and wild relatives.
∙Compensation for contribution of Village or local communities in evolution of a variety.
∙Compensation to be determined bt PVVVP authority and deposited in Gene Fund.

11. Gene Fund:(Sec.45)

∙A National Gene fund for supporting the on-farm conservation and sustainable use of land
races and Traditional varieties and generic resources.
∙The annual fee, benefit received, contribution received etc will be deposited in the fund.
∙The fund will pay amounts due to the concerned agencies owing to benefit-sharing and
compensation in the prescribed manner and through suitable schemes.

12. A Compulsory licensing system: (CH.VII, Sec.47-53)

∙If seeds of a protected variety are not available (i) in adequate quantity , and (ii) at reason-
able price ,the authority may grant license to a third party to (i) undertake production, and
(ii) distribution and sale of the seed.

13. Plant variety protection Tribunal (CH.VIII, Sec.54-59)

∙Chairman and Judicial /Technical Members.
∙Will entertain appeals against orders and decisions of Registrar and Authority.
∙Appeal against orders of Tribunal will lie in High Court.

14. Infringement, offences , penalty and procedures: (CH.X)

Sec.64: Infringement occurs if a person not being the Breeder or his agent /licensee users sells, exports, imports or produces any other variety giving the denomination identical or  deceptively similar to the registered variety.
Sec. 68:  No Person other than breeder shall use the denomination of the variety.
Penalties such as imprisonment and fines provided for offences and infringement.