The Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFR Act), was enacted in India to recognize the intellectual property rights of plant breeders and to ensure that farmers benefit from their traditional knowledge and contributions.
The Act lays down the framework for protecting new plant varieties, granting rights to farmers and breeders alike, and promoting agricultural innovation.
Chapters III and IV of the PPVFR Act specifically address the registration of plant varieties and the rights conferred by such registrations. Sections 14 to 32, in particular, deal with the procedural and legal aspects of registering plant varieties and their implications.
What is Plant Variety?
A plant variety, as defined under Section 2(za) of the Act, refers to A grouping of plants within a single botanical taxon of the lowest known rank, which can be defined by the expression of its characteristics, distinguished from other plant groupings, and considered a unit for propagation. Varieties can be new, extant, farmers’ varieties, or essentially derived varieties (EDVs).
Procedure of Registration of Plant Variety
The registration process for a plant variety under the PPVFR Act involves several steps, as detailed in Sections 14 to 23:
#1 Application for Registration (Section 14)
Any person, such as a breeder, farmer, or their successors, can apply to the Registrar for the registration of a plant variety. The application can be made for new varieties, extant varieties, or farmers’ varieties.
#2 Registrable Varieties (Section 15)
For a plant variety to be eligible for registration, it must conform to the criteria of novelty, distinctiveness, uniformity, and stability (NDUS). An extant variety must meet the criteria of distinctiveness, uniformity, and stability (DUS).
- Novelty refers to the fact that the propagating or harvested material of the variety must not have been sold or disposed of for exploitation purposes before the relevant dates.
- Distinctiveness means that the variety must be distinguishable from any other variety.
- Uniformity means the variety must remain consistent in its essential characteristics.
- Stability refers to the variety’s characteristics remaining unchanged after repeated propagation.
#3 Persons Who May Apply (Section 16)
The application for registration can be made by the breeder, their successor, any person authorized by the breeder, or even a group of farmers or a public-funded agricultural institution.
#4 Compulsory Variety Denomination (Section 17)
Every applicant must assign a distinct denomination to the variety they seek to register.
The name must not cause confusion or be identical to an existing registered variety. It should also avoid geographical names unless deemed honest use by the Registrar.
#5 Form of Application (Section 18)
The application must include a declaration regarding the genetic material’s lawful acquisition and the absence of any terminator technology.
It should also contain passport data, a description of the variety, its characteristics, and details regarding its origin and development.
#6 Test to be Conducted (Section 19)
Upon submission, the variety undergoes testing to verify if it meets the NDUS criteria. The applicant is responsible for providing seeds for testing and bearing the associated fees.
#7 Acceptance and Advertisement of Application (Sections 20-21)
After scrutiny, the Registrar may accept or require the applicant to amend the application. Once accepted, the application is advertised for public objection.
Any person may oppose the registration within a specified period if they believe the variety does not meet the registration criteria or if it infringes their rights.
#8 Opposition and Hearing (Section 22)
If opposition is filed, the Registrar conducts a hearing, where both parties are allowed to present their evidence.
The Registrar makes a decision based on the merits of the case.
#9 Registration of Essentially Derived Variety (Section 23)
An essentially derived variety (EDV) is a variety that is predominantly derived from an initial variety while retaining its essential characteristics.
EDVs can also be registered, provided they meet the necessary criteria and pass testing.
Effect of Registration of Plant Variety
Once a plant variety is registered, it confers certain exclusive rights to the breeder or the entity registering the variety.
Sections 24 to 32 outline the duration and effects of such registration:
#1 Issue of Certificate of Registration (Section 24)
Upon successful registration, the Registrar issues a certificate that confers exclusive rights to the applicant.
These rights last for 9 years in the case of trees and vines and 6 years for other crops, subject to renewal for a maximum period of 18 and 15 years, respectively.
#2 Benefit Sharing (Section 26)
Benefit sharing is an essential component of the PPVFR Act. It allows any individual, community, or organization to claim a share of the benefits arising from the commercialization of a registered variety, especially if they contributed to the genetic material’s development.
The Protection of Plant Varieties and Farmers’ Rights Authority determines the amount of benefit sharing, which is deposited in the National Gene Fund.
#3 Breeder’s Rights (Section 28)
The certificate grants the breeder exclusive rights to produce, sell, market, distribute, import, and export the variety.
The breeder may also license these rights to others. However, these rights come with obligations, such as the requirement to deposit seeds or propagating material in the National Gene Bank for conservation purposes.
#4 Exclusion of Certain Varieties (Section 29)
The Act prohibits the registration of varieties that may harm public order, morality, health, or the environment.
Varieties involving technologies like genetic use restriction technology (terminator technology) are also excluded from protection.
#5 Researcher’s Rights (Section 30)
The Act provides certain exceptions for researchers, allowing them to use registered varieties for experimental purposes.
However, repeated use of a registered variety as a parental line for commercial production requires the breeder’s authorization.
#6 Special Provisions for Citizens of Convention Countries (Sections 31-32)
Indian citizens and entities may benefit from reciprocal rights in countries that offer similar protections.
The Act also provides for special provisions relating to applications from citizens of convention countries, allowing for the recognition of rights from the date of filing in such countries.
Verdict
The PPVFR Act, of 2001, plays a crucial role in safeguarding the rights of breeders while also acknowledging the contributions of farmers.
Providing a structured process for the registration of plant varieties, it encourages innovation in plant breeding and ensures that the benefits of new plant varieties are shared equitably.
The registration process under the Act offers exclusive rights and protections, fostering the development of a more robust agricultural sector in India.
Through benefit-sharing mechanisms, the Act also ensures that farmers, as custodians of traditional knowledge, receive fair compensation for their contributions to biodiversity and plant variety development.