“The Protection of Plant Varieties and Farmers’ Rights Act 2001 not only gives intellectual property protection to the plant breeders, but also upholds the legal space for farmers to save, use, exchange and sell the farm saved seeds.”Discuss citing salient features of the act.
The Protection of Plant Variety and Farmers Right Act, 2001 was enacted by the act of the Parliament of India that intended to establish an effective system for the protection of varieties of plants, rights of farmers and plant breeders. It also aimed at encouraging the development and cultivation of different new varieties of plants.
Features & Rights
- The breeders would enjoy the rights to produce, sell, market, distribute, trading the protected variety. A breeder can appoint an agent for consultation regarding legal remedies in case of the undermining of the rights.
- For research operation, the researcher will have the authority to use any registered variety that includes the use of a variety as a primary source, developing other varieties, etc. Repeated use will need a special consent of the authority.
- A farmer will have the right to save, use, sow, exchange, share, or sell the farm produce that includes seed of a variety protected under the act.
- Farmers would be eligible for rewards and recognition for Plant Genetic Resources conservation.
- Compensation would also be provided to the farmers for non-performance of variety.
- No payment of fees will be collected from the farmers.
- The agro-biodiversity hotspots will be awarded the Plant Genome Saviour Community Award.
- Plant Genome Savior “Farmer Reward” and “Farmer Recognition” will be awarded by the authority for the Protection of Plant Varieties and Farmers’ Rights.
The act of 2001 will ensure the protection of plant varieties, the rights of the farmers and the plant breeders. The contributions of both commercial breeders and farmers will ultimately develop the condition of the agricultural and allied sectors.
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