Seeds Division

Salient Features Of The Protection Of Plants Varieties & Farmers Rights Bill, 2000

1. PVP Authority :

• Protection of Plant Varieties & Farmers Rights (PVP) authority will be vested with necessary powers to perform all functions relating to the protection of plant varieties.

• The Authority will consist of Chairperson and 15 Members, Chairperson to be appointed by the Central Government.

• A Standing Committee will advise the Authority on all issues including Farmers Rights.

• Registrar General will be the Ex-officio Member Secretary of the Authority.

2. Registration of Plant Varieties :

• Registration of new varieties, as notified by the Central Government.

• Registration of extant varieties include varieties available in India which are notified under Section 5 of the Seeds Act, 1966/farmers variety/varieties about which there are common knowledge/variety which is in public domain.

3. Criteria for Registration :

• For new varieties - new, distinctiveness, uniformity and stability.

• For Extant Varieties - distinctiveness, uniformity, stability as specified/relaxed by the Authority.

4. Registration and period of Protection :

• Breeder to furnish information on geographical location from where plant genetic material has been taken for development of the new variety.

• Certificate of registration issues by the Registrar will prescribe the conditions of entitlement.

• For new plant varieties - 15 years for annual crops and 18 years for trees and vines.

• For extant varieties - 15 years from the date of registration/date of notification in case of varieties notified under Seeds Act.

• One time renewal at the end of six years in case of annual crops and 9 years in case of trees and vines, on payment of prescribed fee.

• Registration will be forfeited if the annual fee is not paid.

5. Exclusion of certain varieties :

• Plant Varieties can be excluded from registration in case where prevention of commercial exploitation of such varieties is necessary to protect public order or public modality or human, animal and plant life and health or to avoid serious prejudice to the environment.

• Registration of plant varieties will not be allowed if the variety in question involves any technology such as genetic Use Restriction Technology and Terminator Technology, which is injurious to the life or health of human beings, animals or plants.

6. Researchers Rights :

• use of any variety registered under this Act will be allowed for conducting experiment or research and using it as an initial source for creating other varieties.

7. Farmers Rights :

• Farmer who has bred or developed a new variety to be entitled for protection as a breeder of a variety.

• Farmers variety as part of the extant variety will be entitled for registration/protection.

• Farmer, who is engaged in conservation of genetic resources of land races, wild-relatives etc., entitled for recognition and reward from the National Gene Fund.

• Farmers will be entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed or a variety, protected under this Act, with the exception that he will not be entitled to sell branded seed of a protected variety.

• Rights of communities in the evolution of any variety for the purpose of staking a claim will be accepted.

• Protection extended to farmers for innocent infringement of provisions of this Act.

• Compensation to be given to farmers if the registered variety does not meet the promised level of performance under given conditions.

• National Gene Fund to be utilised for making payment for benefit sharing, compensation to communities etc. and supporting the activities relating to conservation and sustainable use of genetic resources.

8. Compulsory License :

• PVP Authority will have power to make order for compulsory license in certain circumstances when sufficient quantity of seeds of protected variety, at reasonable price, not available.

9. Tribunal :

• Plant varieties Protection Appellate Tribunal to be constituted to examine appeals from PVP Authority and Registrar.

• Tribunal shall consist of a Chairman and Judicial and Technical members.

10. Penalties :

• Provisions for penalties against offences/infringement of plant breeders rights.

11. Miscellaneous :

• Provisions authorising the Government of India to issue directions to PVP Authority in the public interest.

12. Present Status :

• The Protection of Plant Varieties and Farmers Right Bill, 2000 is under consideration of Parliament.