Protection of Plant Varieties and Farmers’ Rights Act (PPV&FRA), 2001

• 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

1. 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.
2. Breeders’ Rights:
   • Exclusive rights to produce, sell, or license protected varieties.
   • Encourages R&D in plant breeding with legal IP protection.
3. Registration Criteria (DUS):
   • Varieties must meet Distinctness, Uniformity, and Stability standards.
   • 57 crop species currently notified for registration.
4. National Gene Fund:
   • Channels benefit-sharing fees.
   • Supports in-situ conservation and rewards farmers for conserving germplasm.
5. Researchers’ Exemption:
   • Registered varieties can be used for experimentation and varietal development.
6. Benefit-Sharing & Protection:
   • Recognition of community knowledge through the National Register of Plant Varieties (NRPV).
   • Legal remedies provided against biopiracy.