Why in news? A revocation application of PPV&FR ACT has been filed to revoke the registration granted to PepsiCo India Holdings for Potato Variety. The said order has been challenged before Delhi High Court and no interim order has been passed till date.

Highlights

• It provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders
• It also encourages the development of new varieties of plants
• Act considered necessary for contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.

What are the Rights under the Act?

• Breeders’ Rights :
  • Have exclusive rights to produce, sell, market, distribute, import or export the protected variety.
  • Breeder can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.
• Researchers’ Rights :
  • Can use any of the registered variety under the Act for conducting experiment or research.
  • This includes the use of a variety as an initial source of variety for the purpose of developing another variety
  • Repeated use needs prior permission of the registered breeder.
• Farmers’ Rights
  • A farmer evolved or developed a new variety is entitled for registration and protection in like manner as a breeder of a variety
  • This variety can also be registered as an extant variety
  • A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001 but shall not be entitled to sell branded seed of a variety protected under the PPV&FR Act, 2001
  • Farmer shall not be liable to pay any fee in any proceeding before the Authority or Registrar or the Tribunal or the High Court under the Act.

Registration of varieties : Central Government issues notification in official Gazettes specifying the genera and species for the purpose of registration of varieties.

• The certificate of registration issued will be valid for
• Trees : 9 years ( shall not exceed 18yrs from date of registration )
• Vines: 6 years ( shall not exceed 15yrs from date of registration  )
• Other crops may be reviewed and renewed for the remaining period

Rights of community

• It is compensation to village or local communities for their significant contribution in the evolution of variety which has been registered under the Act.
• Any person/group of persons/governmental or non- governmental organization, on behalf of any village/local community in India, can file in any notified centre, claim for contribution in the evolution of any variety.