Wednesday, June 23, 2010

Genesis of Indian PPV& FR Act

1. All newly developed plant varieties were notified and released under the Seed Act of 1966 that mostly belonged to the public sector.

2. A proposal to draft a “Plant Variety Protection” bill was made in 1990. But this proposal gained momentum only after India became signatory to WTO/TRIPS Agreement in Jan1, 1995. When it become mandatory to signatory nations to protect plant variety by Patent or an effective Sui generis system of protection or both as per stipulation of Article 27.3(b) of the TRIPS Agreement .

3. Protection of Plant Variety and Farmer’s Right bill passed by Lok Sabha on 9th August 2001 and enacted by parliament on 16th August 2001 as Act No.53 of 2001.

4. The Ministry of Agriculture, Government of India by a Gazette Notification No. S.O. 1589 (E) dated 11th November 2005 has established a Protection of Plant Varieties and Farmers’ Rights Authority for implementation of various provisions of Protection of Plant Varieties and Farmers, Rights (PPV&FR) Act, 2001.

5. Protection of Plant Variety and Farmer’s Right Act, 2001 has 97 Sections stacked in 11 Chapters.

6. The Protection of Plant Variety and Farmer’s Rights Rules, 2003 (GSR 738(E), Dated 12th September 2003. (The notified rules have 76 Sections arranged in 9 Chapters with 4 Schedules and 45 Forms). Amended vide GSR (E), dated 30th December 2004.

7. According to notification on 11th November 2005, Sec 2 to 13 and 95 to 97 are enforceable.

8. Notification of effective date to the Act SO 1797(E), dated on 19th October 2006 made enforceable Sec 1 and Section 14 to 94.

9. The Protection of Plant Variety and Farmer’s Rights Regulations, 2006 became enforceable from 7th December 2006 (GSR 740 (E).

10. PPV&FR Authority has appointed seven task forces.

11. The Authority has identified 12 crops species namely Rice, Wheat, Maize, Sorghum, Pearl Millet, Pigeon pea, Green bean, Black bean, French bean, Peas, Lentil and Chick pea for commencing registration for PBR in the first phase. (Gazette Notification No. 1316 dated Nov. 01, 2006 regarding Notification of crop-species eligible for registration. )

12. Central government has notified Cotton and Jute with their genera eligible for registration of varieties. (Gazette Notification No. 1619 dated Dec. 31, 2007 regarding Notification of crop-species eligible for registration.)

13. Central government has notify the 3 more crops i.e. Sugarcane, Ginger, Turmeric) with their genera eligible for registration. See Notification here (Gazette Notification No. 1200 dated Aug. 03,2009 regarding Notification of crop-species eligible for registration. )

15. Regulations were made by PPV & FR Authority namely Short Title and commencement, Definitions, Criteria for Distinctiveness, Uniformity and Stability for Variety of Common Knowledge and for farmers varieties, percentage value of permissible limits for Off-types were determined (Gazette Notification No. 376 dated June 30, 2009 (PPV&FRA Regulation 2009).

16. Certain amendments in the PPV &FR Act (Gazette Notification No. 619 dated Oct. 27, 2009 on "Protection of Plant Varieties and Farmers' Rights (Second Amendment) Rules, 2009.)

17. Fee structures determined for following: Individual, Education and Commercial (Gazette Notification No. 715 dated Dec. 17, 2009 PPV&FRA(Third Amendment) Rules, 2009.)

18. Central Government has notified in the Gazette of India [S.O. 993 (E) dated 30th April 2010] the 11 crops (Black pepper, Small cardamom, Indian mustard, Rape seed, Sunflower, Safflower, Castor, Sesame, Linseed, Groundnut, Soybean) with their genera and species eligible for registration of varieties under the PPV&FR Act, 2001. See here.

19. The Authority is located I the Second Floor of NASC Complex, DPS Marg, New Delhi, Ph. No. (011) 25840777, 25848127; Fax: 25840478. Web Page:

Source: Protection of Plant Variety and Farmer's Rights Authority.

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