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Plant Breeder’s Rights Act (PPV & FR Act, 2001)


Plant Breeder’s Rights Act (PPV & FR Act, 2001)


Introduction


The Plant Breeder’s Rights Act, officially known as the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001, was enacted in India to protect the intellectual property rights of plant breeders while simultaneously safeguarding the rights of farmers.

The Act encourages innovation in plant breeding, ensures availability of high-quality seeds, and promotes sustainable agriculture
.
Objectives of the Act

Encourage development of new plant varieties through innovation in plant breeding.
Protect rights of plant breeders by giving them exclusive control over their new varieties.

Safeguard farmers’ rights to save, use, and sell seeds.
Promote research and development in agriculture and horticulture.
Conserve biodiversity and ensure sustainable use of plant genetic resources.

Key Definitions

Plant Variety: A plant grouping that is distinct, uniform, and stable (NDUS) and can be marketed.
Breeder: A person who develops or discovers a new plant variety.
Farmer: Any person cultivating crops for food, fodder, or sale.
Extant Variety: Any variety that was already in cultivation in India before the Act.
Registration of Plant Varieties
To obtain protection under the Act, a plant variety must satisfy the NDUS criteria:
Novelty: Must be new and not sold or released anywhere before registration.
Distinctiveness: Must be clearly distinguishable from existing varieties.
Uniformity: Must be sufficiently uniform in characteristics.
Stability: Must retain its traits after repeated propagation.

Process of Registration:


Application to the Registrar of Plant Varieties
Examination for NDUS criteria
Publication in the official Gazette
Grant of Certificate of Registration
Rights of Plant Breeders
A registered breeder has exclusive rights to:
Produce and sell seeds or planting material.
Market and distribute the registered variety.
Import or export the variety.
License the variety to others for commercialization.
Receive recognition and reward if the variety is used by others.


Duration of Protection:

Trees and vines: 18 years
Other crops: 15 years
Extant varieties: 15 years
Farmers’ Rights under the Act
The Act uniquely protects farmers’ rights:
Farmers can save, use, sow, resow, exchange, share, or sell seeds from their harvest.
Farmers can register their own varieties with the authority.
Farmers are entitled to recognition and reward for preserving genetic resources.
Farmers are protected against infringement claims for using seeds for personal or local purposes.

Benefits of the Act
Encourages innovation and research in agriculture.
Provides a balanced system protecting both breeders and farmers.
Promotes quality seeds and improved crop varieties.
Helps increase agricultural productivity and food security.
Supports biodiversity conservation and sustainable use of plant resources.
Challenges
Complexity in enforcing rights for small farmers.
Awareness among farmers about their rights is still limited.
Balancing commercial interests of breeders with farmers’ traditional rights.

Conclusion

The Plant Breeder’s Rights Act is a landmark legislation in India that promotes agricultural innovation while safeguarding farmers’ rights. It creates a legal framework for protecting new plant varieties, ensuring food security, and promoting sustainable agricultural practices.
Key Takeaway:
The Act balances breeders’ incentives with farmers’ traditional rights, thus strengthening India’s agricultural sector and promoting research in plant breeding.



MCQs on Plant Breeder’s Rights Act


1. The full form of PPV&FR Act is:
A) Protection of Plant Varieties & Farmers’ Rights Act
B) Plant Protection and Variety Farmers Act
C) Plant Property and Farmers’ Regulation Act
D) Protection of Plant Varieties and Farming Rights
Answer: A) Protection of Plant Varieties & Farmers’ Rights Act

2. In which year was the PPV&FR Act enacted in India?
A) 1991
B) 2001
C) 2011
D) 1981
Answer: B) 2001


3. Which of the following is NOT a criterion for registering a plant variety under the Act?
A) Novelty
B) Distinctiveness
C) Uniformity
D) Profitability
Answer: D) Profitability

4. The duration of protection for trees and vines under the Act is:
A) 10 years
B) 15 years
C) 18 years
D) 20 years
Answer: C) 18 years

5. Farmers’ rights under the Act include:
A) Saving and using seeds
B) Selling harvested seeds
C) Registering their own varieties
D) All of the above
Answer: D) All of the above

6. NDUS criteria stands for:
A) Novelty, Distinctiveness, Uniformity, Stability
B) New, Developed, Unique, Sustainable
C) Novel, Different, Useful, Stable
D) None of the above
Answer: A) Novelty, Distinctiveness, Uniformity, Stability

7. Who grants the certificate of registration for a new plant variety?
A) Ministry of Agriculture
B) Registrar of Plant Varieties
C) National Biodiversity Authority
D) Seed Certification Agency
Answer: B) Registrar of Plant Varieties


8. Protection of plant varieties encourages:
A) Plant breeding and research
B) Farmers’ rights
C) Quality seed production
D) All of the above
Answer: D) All of the above

9. Which category of varieties is protected for 15 years under the Act?
A) Trees and vines
B) Extant varieties and other crops
C) Only genetically modified crops
D) Medicinal plants only
Answer: B) Extant varieties and other crops


10. The Act was enacted to balance the rights of:
A) Farmers only
B) Breeders only
C) Farmers and breeders
D) Government and private companies
Answer: C) Farmers and breeders



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