What is the PPV&FR Act? 

• The Protection of Plant Varieties and Farmers Rights’ Authority (PPV & FR) Act, 2001, provides an effective framework to conserve and encourage the development of various plant varieties. 
• The Act was enacted as part of India’s obligation towards Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of the World Trade Organization (WTO).
• To implement the provisions of the Act, the government established the Protection of Plant Varieties and Farmers’ Rights Authority in 2005.

Objectives of the Act

• 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 accelerate agricultural development in the country, stimulate investment for research and development for the development of new plant varieties.
• 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.

What is the meaning of protection of plant varieties?

• The protection on the variety under the Act means no one can sell, export, import or produce the seed or propagating materials of such protected (registered) plant variety without the registered breeder’s (owner’s) permission.

• A variety is eligible for registration under the Act if it essentially fulfills the criteria of Distinctiveness, Uniformity and Stability (DUS). 

Rights under the Act

Breeders’ Rights:

• Breeders will have exclusive rights to produce, sell, market, distribute, import or export the protected variety. 
• Breeders may exercise for civil remedy in case of infringement of rights.

Researchers’ Rights:

• Researchers can use any of the registered varieties under the Act for conducting experiment or research. 
• This includes the use of a variety as an initial source of variety for the purpose of developing another variety but repeated use needs prior permission of the registered breeder.

Farmers’ Rights:

• A Farmer who has evolved or developed a new variety is entitled for registration and protection in like manner as a breeder of a variety;
• 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 in the same manner as he was entitled before the coming into force of this Act provided farmer shall not be entitled to sell branded seed of a variety protected under the PPV&FR Act.
• Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants;
• Farmer 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.

Community Rights: 

• It is compensation to village or local communities for their significant contribution in the evolution of variety which has been registered under the Act.
• Any person/group of persons/governmental or non-governmental organization, on behalf of any village/local community in India, can file in any notified centre, claim for contribution in the evolution of any variety.