Define the terms 'farmer' and 'farmers variety' under the Protection of Plant Varieties and Farmers' Rights Act, 2001. Explain the rights of the farmers envisaged under the Act briefly referring to relevant provisions.

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · June 2021
Define the terms 'farmer' and 'farmers variety' under the Protection of Plant Varieties and Farmers' Rights Act, 2001. Explain the rights of the farmers envisaged under the Act briefly referring to relevant provisions.

Answer & Explanation:

Definitions under the Protection of Plant Varieties and Farmers' Rights Act, 2001: Farmer [Section 2(k)]: The term 'farmer' means any person who: Cultivates crops by cultivating the land himself; or Cultivates crops by directly supervising the cultivation of land through any other person; or Conserves and preserves, severally or jointly, with any other person any wild species or traditional varieties or adds value to such wild species or traditional varieties through selection and identification of their useful properties. Farmers' Variety [Section 2(l)]: The term 'Farmers' Variety' means a variety which: Has been traditionally cultivated and evolved by the farmers in their fields; or Is a wild relative or land race of a variety about which the farmers possess the common knowledge. Rights of Farmers Envisaged under the Act (Chapter VI, Sections 39 to 46): The Protection of Plant Varieties and Farmers' Rights Act, 2001, provides significant rights to farmers, recognizing their invaluable contribution to crop genetic diversity and development. These rights are: Rights of a Farmer as a Breeder (Section 39(i)): A farmer who has bred or developed a new variety is entitled to registration and other protection in the same manner as a breeder of a variety under this Act. This means farmers can register their own developed varieties and enjoy exclusive rights over them. Registration of Farmers' Variety (Section 39(ii)): A farmers' variety is entitled to registration if the application contains the declaration as specified in clause (A) of sub-section (1) of Section 18. This provision facilitates the formal recognition and protection of varieties developed by farmers. Recognition and Reward for Conservation (Section 39(iii)): A farmer engaged in the conservation of genetic resources of land races and wild relatives of economic plants, and their improvement through selection and preservation, is entitled to recognition and reward from the Gene Fund. This is particularly applicable if the material conserved and preserved has been used as donors of genes in varieties registrable under the Act. Traditional Rights to Save, Use, Sow, Re-sow, Exchange, and Sell Farm Produce (Section 39(iv)): A farmer is deemed to be entitled to save, use, sow, re-sow, exchange, share, or sell his farm produce, including seed of a variety protected under this Act, in the same manner as he was entitled before the Act came into force. However, there's a crucial proviso: the farmer is not entitled to sell branded seed of a variety protected under this Act. This ensures that farmers can continue their traditional practices without infringing on the breeder's rights, but cannot commercially exploit the protected variety's brand. Disclosure of Genetic Material Use (Section 40): A breeder or any person applying for registration of a variety must disclose information regarding the use of genetic material conserved by any tribal or rural families in the breeding or development of such variety. This ensures transparency and acknowledges the contribution of traditional communities. Rights of Communities (Section 41): Any person or group of persons, or governmental/non-governmental organizations, can file a claim on behalf of any village or local community for their contribution to the evolution of any variety. This allows communities to stake a claim for their collective traditional knowledge and efforts. Protection from Innocent Infringement (Section 42): A farmer who infringes a right established under this Act will not be deemed to have infringed if, at the time of infringement, they were not aware of the existence of such right. This provides a safeguard for innocent farmers. Authorization of Farmers' Variety (Section 43): If an essentially derived variety is derived from a farmers' variety, authorization for its use cannot be given by the breeder of the farmers' variety without the consent of the farmers or group of farmers or community of farmers who contributed to its preservation or development. Exemption from Fees (Section 44): A farmer or group of farmers or village community is not liable to pay any fees in any proceeding before the Authority, Registrar, Tribunal, or High Court under this Act or its rules. National Gene Fund (Section 45): The Central Government is mandated to constitute a National Gene Fund for the welfare of farmers, which includes supporting conservation efforts and providing rewards. Framing of Schemes (Section 46): The Central Government can frame schemes for the purposes of Section 41 (Rights of communities) and clause (d) of sub-section (2) of Section 45 (Gene Fund). These provisions collectively aim to balance the rights of plant breeders with the traditional rights and contributions of farmers, ensuring food security and sustainable agricultural development.

Topics: Plant Varieties and Farmers' Rights

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