PROTECTION OF PLANT VARIETIES AND FARMERS’

RIGHTS ACT, 2001

Genesis of plant variety protection law in India

An act to provide patent on plant was first introduced in Germany in 1866. The
International Organisation for Plant Variety Protection was established in 1938
with the objective of persuading governments of different countries for introducing
law to protect plant varieties. The most significant event in the development of
PBR system was the effort to harmonise PBR laws of different countries through
UPOV (International Union for Protection of New Plant Varieties). The first
UPOV convention was signed in 1961 in Paris. The member states of UPOV adopt
PBR systems confirming to the broad framework agreed upon in the convention.

Prior to the enactment of the Protection of Plant Varieties and Farmers' Rights Act
2001, there was no law on plant variety protection in India. The plant varieties
were treated as common heritage of mankind and there was no proprietorship over
the same. With the advent of TRIPS (Trade Related aspects of Intellectual Property
Rights) and the CBD (Convention on Biological Diversity), sovereignty was
exercised over biological resources by enacting law on Plant Variety Protection
and Biological Diversity. India being the signatory of TRIPS was obliged to enact
a law on plant variety protection in accordance with Art. 27.3 (b) of TRIPS.

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SENALI TRIVEDI, FACULTY, CENTRE OF EXCELLENCE
5 Years Integrated B.Com LL.B (Hons.)
Sem–10, IL-510 (Hons.) Farmers & Breeders Rights (Hons.) Unit-4
 Article 27.3(b) of TRIPS is extracted here under:

Member countries may exclude:

(b) "Plants and animals other than micro-organisms, and essentially biological
processes for the production of plants or animals other than non-biological and
microbiological processes. However, Members shall provide for the protection of
plant varieties either by patents or by an effective sui generis system or by any
combination thereof.”

The provisions of this subparagraph shall be reviewed four years after the date of
entry into force of the WTO Agreement.

This commitment by WTO Members implies that most developing countries,

which had not extended intellectual property rights to their agricultural sector,
would have to do so. Being a member of WTO and signatory of TRIPS, it was
mandatory for India to provide protection to plant varieties either by patent or by
sui generis system or by both. Like most developing countries, India decided to
exclude patents for plants and plant varieties but exercised the sui generis option.
The sui generis system means for effective protection of plant varieties. India
enacted ‘The Protection of Plant Varieties and Farmers’ Rights’ (PPVFR) Act,
2001, for plant variety registration.

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SENALI TRIVEDI, FACULTY, CENTRE OF EXCELLENCE
5 Years Integrated B.Com LL.B (Hons.)
Sem–10, IL-510 (Hons.) Farmers & Breeders Rights (Hons.) Unit-4
 The Indian law is a landmark and unique legislation in the world as for the first
time it treated the farmers on par with breeders and researchers in plant varietal
development. Plant Breeding is both art and science and similarly the act of
farmers in conserving and improving the plant genetic resources qualifies the
farmers as a creative artist and as a scientist under the Indian law.

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SENALI TRIVEDI, FACULTY, CENTRE OF EXCELLENCE
5 Years Integrated B.Com LL.B (Hons.)
Sem–10, IL-510 (Hons.) Farmers & Breeders Rights (Hons.) Unit-4