Protection of Plant Variety and Farmers Rights Act (PPV&FRA Act)
Context:
The Union Agriculture Minister recently announced that the Centre will amend the PPV&FRA Act to incorporate stakeholder suggestions.
A committee headed by eminent scientist R.S. Paroda has been appointed to review the Act and hold consultations.
About the Act:
The act was enacted in 2001.
It is a unique legislation as it seeks to address the rights of plant breeders and farmers on an equal footing.
It recognizes the multiple roles of farmers as cultivators, conservers, and breeders.
It is the first Act to integrate Access and Benefit Sharing (ABS) along with Plant Breeder's Rights (PBRs).
Key Provisions and IPRs:
A variety is eligible for registration if it fulfills the criteria of Distinctiveness, Uniformity, and Stability (DUS).
Farmers Rights:
Farmers can register their own varieties, like breeders
Access to Seed:
Farmers are entitled to save, use, sow, re-sow, exchange, share, or sell their farm produce, including seed of protected varieties, provided they do not sell branded seed.
Benefit Sharing:
Farmers/entities providing Plant Genetic Resources (PGR) for developing new varieties are entitled to a fair share of benefits from commercial gains.
Compensation:
Farmers can claim compensation if a registered variety fails to perform as disclosed.
Reasonable Price:
If seeds are not available at a reasonable price, the breeder's exclusive right can be suspended through compulsory licensing.
Protection from Infringement:
Farmers are protected from prosecution for innocent infringement if they can prove they were unaware of the rights.
Compulsory Licensing
If after 3 years of registration the seed is not Available to the public or Available at a reasonable price, Authority may issue a compulsory license (Sections 47–51)
Fee Exemption:
Farmers are exempted from paying registration fees or legal fees under the Act.
Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA)
A statutory body established under Section 3 to Register plant varieties, Maintain National Register and Grant compulsory licenses if seeds are not available at a fair price.
National Gene Fund:
The Act establishes a fund to recognize and reward farmers for their contribution to conserving genetic resources
For example, Plant Genome Saviour Awards.
It also uses funds to reward farmers and conserve genetic resources (Sections 45–46).