International Treaty on Plant Genetic Resources for Food and Agriculture

Protection of Plant Varieties and Farmers’ Rights Act, 2001

The Protection of Plant Varieties and Farmers Right Act, 2001 (PPV&FR Act) is an Act of the Parliament of India to establish an effective system for the protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. The Act safeguards the interest of farmers/communities/rural/tribal peoples who are engaged in the conservation and improvement of plant genetic resources through various provisions; for example, it recognizes farmers as breeders; they are entitled to be awarded, recognized and rewarded every year; farmers (women and men) and tribal peoples are represented in the standing committee of the PPV&FR Authority; farmers, as well as communities, are entitled for the registration of farmers’ varieties and for benefit-sharing through a national ‘Gene Fund’.  Farmers further enjoy rights to save, use, sow, re-sow, exchange, share or sell their farm produce, including seed of a registered variety under the Act, but they are not entitled to sell branded seeds of such varieties. Guidelines were developed that address specific issues relating to the registration of farmer varieties, including ‘ownership’ of such varieties, degree of uniformity and exemptions from fees.

Institution/organization Government organization
Provision of Art. 9 addressed Art. 9.1, Art. 9.2a, Art. 9.2b, Art. 9.2c, Art. 9.3
Type of measure/practice Administrative, Legal
Country India
Region Asia
Link(s) to further information about the measure/practice http://www.fao.org/3/ca7945en/ca7945en.pdf
Keyword(s) Awards, Crop diversity, Farmers’ Rights, Genetic resources, PGRFA, Seed system

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