When we discuss about Intellectual Property Laws, we always focus on Trademarks, Copyrights, Patents, Designs and Geographical Indications. Intellectual property rights being an integral part of any creators work, it is very vast in nature and it has many facets to it beyond the few rights mentioned above. One of such important areas of Intellectual Property Rights is the protection of plant varieties and farmers’ rights. For the purpose of this right, India has legislated a law namely, The Protection of Plant Varieties and Farmers’ Rights Act in the year 2001.
In 1930s, The United States of America was the only country in the World to have a gross monopoly over the developing of new plant varieties and providing Plant Patents where exclusive right was given to the patent holder over the varieties. In 1961, the International Convention for the Protection of New Plant Varieties was adopted in Paris. It was later revised in 1972, 1978 and 1991. The International Union for Protection of New Plant Varieties of Plants, also known as UPOV was established, having its headquarters at Geneva, under the above mentioned International Convention. The main aim of the Convention and the Union is to protect all plant varieties irrespective of their mode of reproduction or of the technology used in their development. It also emphasised on the protection of the rights of the breeders, who has developed the new varieties of plants.
In 2001, The Protection of Plant Varieties and Farmers’ Rights Act was enacted in India. The main objectives of this Act are:
- To establish an operative structure for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
- To facilitate the growth of seed industry in India which results in the production and availability of high quality seeds and other planting tools to the farmers.
- To recognise and safeguard the rights of farmers in respect of their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.
- To accelerate agricultural development in India, protect plant breeders’ rights, stimulate investment for research and development both in public and private sector for the development of new plant varieties.
The Act defines ‘Breeder’ as a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety. It defines varieties as a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be— (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; (ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and (iii) considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety. The Act also provides for the Certificate of Registration to be given by the Registrar to any new plant variety.
The Act establishes the Protection of Plant Varieties and Farmers’ Rights Authority, the functions of the Authority shall include[1]:
- Promoting and encouraging the development of new varieties of plants and to protect the rights of the farmers and breeders.
- The registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed;
- Developing characterisation and documentation of varieties registered under this Act;
- Documentation, indexing and cataloguing of farmers’ varieties;
- Compulsory cataloguing facilities for all varieties of plants;
- Ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed;
- Collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication;
- Ensuring the maintenance of the Register.
In brief, the Protection of Plant Varieties and Farmers’ Rights Act 2001 provides for 3 main rights. Firstly, the Breeders have the exclusive right to produce, sell, market, import or export the variety that has been protected. Breeder can also appoint an agent and can also seek any civil remedy in case of the infringements of the rights. Secondly, Researchers can use any of the registered varieties under the Act for conducting any experiment or research. Lastly, the Farmer who has evolved or developed a new variety is entitled for registration and protection. The farmer can sow, save, use, re-sow, share, exchange or sell his farm produce including the seed of his variety. The farmer is exempted from any fee in the proceedings before the Authority or Registrar or Tribunal or the High Court under this Act. The Act also provides for provisions regarding infringement, offences, penalties and procedure for seeking remedy for any kind of infringement of rights mentioned under this Act.
[1] Section 8, The Protection of Plant Varieties and Farmers’ Right Act, 2001.