Source: PIB
Context:
- India’s first sui generis legal framework for protecting plant varieties and farmers’ rights.
- Enacted in 2001 under the Ministry of Agriculture & Farmers’ Welfare; operational since 2005.
- Marks 25 years of promoting innovation in plant breeding while safeguarding farmers’ contributions to biodiversity.
Aim:
- Establish a balanced system that encourages plant breeding innovation.
- Recognize and protect farmers’ role in conserving genetic diversity.
Key Features of PPV&FRA Act, 2001
- Farmers’ Rights (Section 39):
- Right to save, use, sow, resow, exchange, and share seeds of registered varieties.
- Eligible for compensation if registered varieties fail to perform.
- Breeders’ Rights:
- Exclusive rights to produce, sell, or license protected varieties.
- Encourages R&D in plant breeding with legal IP protection.
- Registration Criteria (DUS):
- Varieties must meet Distinctness, Uniformity, and Stability standards.
- 57 crop species currently notified for registration.
- National Gene Fund:
- Channels benefit-sharing fees.
- Supports in-situ conservation and rewards farmers for conserving germplasm.
- Researchers’ Exemption:
- Registered varieties can be used for experimentation and varietal development.
- Benefit-Sharing & Protection:
- Recognition of community knowledge through the National Register of Plant Varieties (NRPV).
- Legal remedies provided against biopiracy.
