"Farmers have the right to be rewarded and recognised for making available assortment created from indigenously determined plant hereditary assets". Discuss.

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2024
"Farmers have the right to be rewarded and recognised for making available assortment created from indigenously determined plant hereditary assets". Discuss.

Answer & Explanation:

Farmers' Rights and Benefit Sharing Plant breeders and legal entities including farmers who provide Plant Genetic Resources (PGR) to breeders for developing new varieties shall receive a fair share of benefit from the commercial gains of the registered varieties. Out of all the national plant variety protection laws enacted since 2001, the PPV&FR Act is the first that integrates a provision for access and benefit-sharing (ABS) along with Plant Breeder's Rights (PBRs). Accession of the genetic resource used in breeding is permitted under the Biological Diversity Act, 2002. However, the PPV&FR Act requires a breeder to make a sworn declaration on the geographical origin of the genetic resources used in the pedigree of the new variety, and its accession.

Topics: Plant Variety Protection

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