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Protection of Plant Varieties and Farmers’ Rights Authority


The Delhi High Court recently upheld an order by the Protection of Plant Varieties and Farmers’ Rights Authority (PPVFRA), revoking the intellectual property protection granted to PepsiCo India Holdings Pvt. Ltd with respect to a potato variety developed by it.


GS III: Agriculture

Dimensions of the Article:

  1. Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA)
  2. Objective of the PPV&FR Act, 2001
  3. Functions of the Authority

Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FRA)

  • Created as a Statutory body by an act of Parliament
  • Works under the Department of Agriculture, Cooperation and Farmers Welfare, Ministry of Agriculture and Farmers Welfare
  • The Protection of Plant Varieties and Farmers’ Rights Authority was established on 11 November 2005 to implement the provisions of the PPV&FR Act, 2001.

Objective of the PPV&FR Act, 2001:

  • Establish an effective system for the protection of plant varieties
  • Recognize the rights of farmers and plant breeders
  • Encourage the development of new plant varieties
Key Features of the Legislation:
  • Adoption of a sui generis system for plant variety protection
  • Recognizes the contributions of commercial plant breeders and farmers in plant breeding activity
  • Implements Trade-Related Aspects of Intellectual Property Rights (TRIPs) in a manner that supports socio-economic interests of all stakeholders
  • Includes provisions to benefit private and public sectors, research institutions, and resource-constrained farmers
Composition of the Authority:
  • Chairperson as the Chief Executive
  • 15 members, including ex-officio members from various Departments/Ministries, representatives from State Agricultural Universities (SAUs), State Governments, farmers, tribal organizations, seed industry, and women organizations associated with agriculture
  • Registrar General as the ex-officio Member Secretary

Functions of the Authority:

  • Registration of new plant varieties, essentially derived varieties (EDV), and extant varieties
  • Development of Distinctiveness, Uniformity, and Stability (DUS) test guidelines for new plant species
  • Characterization and documentation of registered varieties
  • Compulsory cataloguing facilities for all plant varieties
  • Documentation, indexing, and cataloguing of farmers’ varieties
  • Recognition and rewarding of farmers and communities engaged in conservation and improvement
  • Preservation of plant genetic resources and maintenance of the National Gene Bank
  • Maintenance of the National Register of Plant Varieties

-Source: Indian Express

December 2023