India is among first countries in the world to have passed legislation granting farmers' rights. Write an exhaustive note on the provisions contained in The Protection of Plant Varieties and Farmers' Rights Act, 2001 reg
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2023
India is among first countries in the world to have passed legislation granting farmers' rights. Write an exhaustive note on the provisions contained in The Protection of Plant Varieties and Farmers' Rights Act, 2001 regarding farmers' rights.
Answer & Explanation:
In order to provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants it has been considered necessary to recognize and to protect the rights of the 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, the Govt. of India enacted "The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001" adopting sui generis system. Indian legislation is not only in conformity with International Union for the Protection of New Varieties of Plants (UPOV), 1978, but also have sufficient provisions to protect the interests of public sector breeding institutions and the farmers. The legislation recognizes the contributions of both commercial plant breeders and farmers in plant breeding activity and 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. India is among the first countries in the world to have passed legislation granting farmers' rights. Section 39 deal with farmers' rights. It states that: (1) A farmer who has bread or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety. (2) Farmers' variety shall be applied for registration if application contains declaration as Specifically in clause (A) of sub-section (1) od Section 18. A; (3) A farmer who is engaged in the conservation of genetic resources of land and races wild relatives of economic plants and other improvements through selection and preservation shall be entitled for registration and reward from the gene fund. (4) A farmer shall be deemed to be entitled to save, use, sow and re-sow exchange, share or sell his farm produce including seed of a variety. Section 42 Protection of innocent infringement Section 43 Authorisation of farmer's variety The Protection of Plant Varieties and Farmers' Rights Act is a successful sui generis framework creating harmony between plant reproducers' privileges alongside ranchers' privileges and specialists' privileges. The act of little, minimal ranchers to trade the gathered material with others is fundamental for their work and rehearsals to a vast extent both in India and the major part of Asia-Pacific's creative nations. All endeavors are being made by The Protection of Plant Varieties and Farmers' Rights Act, Authority to actualize various arrangements of The Protection of Plant Varieties and Farmers' Rights Act and furthermore to make the accessibility of value seeds of enlisted assortments yet, in addition, to help ranch families for preservation and reasonable utilization of hereditary assets remembering for situ and ex-situ assortments and for reinforcing the ability of the partners in completing such protection and feasible use.
Topics: Plant Varieties
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