PLANT VARIETIES AND FARMERS’ RIGHTS
The Protection of Plant Varieties and Farmers’ Rights Act, 2001 came into force on October 19, 2006 and was launched on February 20, 2007. It provides for, inter alia:
· Filing of applications for registration of any plant variety, which is an extant variety or a farmers’ variety of such genera and species as may be notified by the Indian Government.
· Filing of applications by any person or any farmer or community of farmers or any university or publicly funded agricultural institution claiming to be the breeder of the variety or an assignee thereof.
· Term of registration shall be 9 years for trees and vines and 6 years for other crops.
· Renewal subject to the condition that the total period of validity shall not exceed:
- 18 years from the date of registration of the variety in the case of trees and vines;
- 15 years from the date of notification by the Central Government in the case of extant variety;
- 15 years from the date of registration of the variety in other cases.
· Exclusive right on the breeder or successor, his agent or licensee, to produce, sell market, distribute, import or export the variety.
· Restriction of registration of a plant variety involving any technology, which is injurious to the life or health of human beings, animals or plants. The expression ‘any technology’ includes ‘genetic use restriction technology’ and ‘terminator technology’.
· Special provisions relating to application for registration from citizens of convention countries- makes an application for registration of such variety in India within 12 months after the date on which the application was made in the convention country.