Away From Patents, Indian PPVFR Act Protects Breeders' and Farmers' Rights - By Shri A.S.N Reddy

HYDERABAD, India, June 30, 2017 /PRNewswire/ --

India as a sovereign nation has chosen the Sui generis option for protection of Plant varieties in line with its obligation to meet the article 27.3(b) of TRIPS (Trade related intellectual property rights) agreement of WTO (World Trade organization). Balancing the national interest with international trade obligations, India has adopted a unique framework of a special kind, outside the known IPR framework (eg: patents), in the form of Protection of Plant Varieties and Farmers Rights act, 2001 or PPVFRA act.

The preamble to the PPVFR act, 2001 clearly defines the reasons for its existence viz., protection of breeders and farmers rights, accelerated agricultural development and facilitation of growth of seed industry in India. Other countries that developed sui generis systems include Thailand, Malaysia, Countries of African Union, etc.

The PPVFR act, 2001, empowers the Government of India to create a legal and governance framework for protection of plant varieties including transgenic plant varieties and a benefit sharing mechanism to reward plant breeders and farmers. Accordingly the PPVFR authority, an independent institution has been established for this purpose, which registers plant varieties and also fixes benefit or royalty for the breeder and farmers in line with article 26 of the act.

India has consciously chosen to keep plants, varieties and seeds outside of the Patent Act by inserting Section 3(j) in the Indian Patent Act (IPA), 1970 under category of inventions which cannot be patented.

Though both the IPR enactments provide protection to the innovators, there are certain subtle differences between the provisions of these Acts. The differences between the provisions of PPVFR Act and the Patent Act are as follows.

   
    PPVFRA                                      IPA
    Covers plant varieties and seeds as per     Excludes plant varieties and seeds
    the definition
                          
    Registration of a variety provides an       Patent gives a right to exclude others of
    exclusive right to the breeder              its usage
    The criteria for registration of a new      The criteria of an invention are
    plant variety are Novelty,                  patentability involve Novelty, Industrial
    Distinctiveness, Uniformity and Stability   use and Inventive step or Patentability.
    (NDUS)                                     
    Section 30 gives a right to use a           No such provisions
    registered (protected) variety for
    developing new varieties which become
    eligible for registration and thereby
    exclusive marketing rights.
   

    However, the right is subject to an
    obligation for a benefit sharing with the
    trait developer under Section 26
   
    The provisions of the PPVFRA cannot give    In countries like USA where transgenic
    monopoly for a GM trait.                    plant varieties are patentable, the trait
                                                developer can have a monopoly on the trait
                                                and thereby can control all the new
                                                varieties developed by other breeders.
                                                This is the importance difference between
                                                the IPA compared to USA.
    The benefit share (trait value) to be       The trait value can be decided by the
    determined by the Authority based on the    trait developer on their own.
    claims made by the trait developer and
    after hearing the stakeholders like        
    farmers, breeders etc.                    

Despite above differences, the PPVFR act provides a comprehensive framework by rewarding developers of plant varieties with both IPR protection and also benefits fixed by authority after assessment of claims. All in all, it is a win-win for the farmers and the Indian seed industry.

Shri A.S.N Reddy, President, Seedsmen Association, Hyderabad, Email: [email protected]

About Shri A.S.N Reddy

Shri A.S.N Reddy is a seed industry veteran with more than 35 years of industry experience across various functions. He is a post graduate in Seed technology and presently working as CEO of Delta Agrigenetics and earlier held several key managerial positions such as COO of SeedWorks, Seed Operations - Head in Nunhems and Seed Quality Lead in Pioneer, etc. He is currently the President, Seedsman Associaiton, Hyderabad, one of the oldest industry association in India. He is also presently serving as the General Secretary of the National Seed Association of India (NSAI) and has been an a champion of industry and farmer issues.

Media Contact:
Meeral Salia
Concept Public Relations India Limited
[email protected]
+91-22-40558900