PLANT VARIETIES AND FARMERS RIGHTS AUTHORITY ( PPVFRA)

PLANT VARIETIES AND FARMERS RIGHTS AUTHORITY ( PPVFRA)

WHY IN NEWS ?

• Recently, Delhi High Court rejected PepsiCo India’s patent appeal for its unique Lays’ potato.

MORE ABOUT THE ISSUE:

• The PPVFRA revoked PepsiCo’s registration with respect to its potato plant variety, ‘FL 2027’ on the grounds provided under Section 34 PPV&FR Act, 2001.
• FL 2027 is a ‘chipping potato’ variety with low external defects, high dry matter/high solids content and stable sugars.

• According to the appellant, it was developed in the U.S. by Robert W. Hoopes, in a division of PepsiCo Inc.
• A certificate of registration for FL 2027 was granted to PepsiCo India on February 1, 2016.
• This certificate conferred it an exclusionary right to market, sell, import, export or distribute FL 2027 for a period of six years.
• But in an application filed by Kavitha Kurungati, a farmers’ rights activist, the PPVFRA revoked the company’s registered potato variety on December 3, 2021.

WHAT IS PPV&FR ACT, 2001 ?

• The Act provides an effective framework to conserve and encourage the development of various plant varieties.
• It established an effective system to safeguard and recognise the rights of breeders, researchers and farmers to promote agricultural development in the country.
• The legislation recognizes the contributions of both commercial plant breeders and farmers in plant breeding activity.
• It also provides to implement TRIPs in a way that supports the specific socio-economic interests of all the stakeholders including private, public sectors and research institutions, as well as resource-constrained farmers.
• It also facilitates the mushrooming of the Indian seed industry to ensure the availability of high­ quality seeds and planting materials to farmers.

OBJECTIVES OF THE ACT:

• To establish an effective system for the protection of plant varieties, the rights of farmers and plant breeders.

• To encourage the development of new varieties of plants.
• To recognize and protect 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 the country, protect plant breeders’ rights.
• Stimulate investment for research and development both in public & private sector for the development new of plant varieties.
• Facilitate the growth of seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers.

RIGHTS UNDER THE ACT:

1. Breeders’ Rights : Breeders will have exclusive rights to produce, sell, market, distribute, import or export the protected variety. Breeder can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.
2. Researchers’ Rights : Researcher can use any of the registered variety under the Act for conducting experiment or research.

This includes the use of a variety as an initial source of variety for the purpose of developing another variety but repeated use needs prior permission of the registered breeder.

3. Farmers’ Rights : A farmer who has evolved or developed a new variety is entitled for registration and protection in like manner as a breeder of a variety;

Farmers variety can also be registered as an extant variety;

A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001 in the same manner as he was entitled before the coming into force of this Act provided farmer shall not be entitled to sell branded seed of a variety protected under the PPV&FR Act, 2001;

Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants;

WHAT ARE THE POSSIBLE GROUNDS FOR REVOCATION ?

• According to Section 34 of the PPV&FR Act, the protection granted to a breeder may be revoked by the authority on the following grounds :
• The grant of a registration certificate is based on incorrect information furnished by the applicant
• the registration certificate was granted to an ineligible person;
• When the breeder does not provide the registrar with the required documents;
• A failure to provide an alternative denomination for variety registration in case the earlier variety provided is not permissible for registration;
• A failure of the breeder to provide the required seeds for compulsory licence;
• failure to comply with the acts, rules, regulations and directions issued by the Authority.

WAY FORWARD:

• Multinational food processing companies and investors must prioritise the well­being of farmers and their rights.
• The objectives of the PPV&FR Act 2001 should be recognised by these companies and investors in letter and spirit.
• They should also recognise the safeguards and protections it provides to farmers.

SYLLABUS: MAINS, GS-2, GOVERNANCE

SOURCE: THE HINDU