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Protection of Plant Varieties And Farmers`Rights

This topic provides information about protection of plant varieties and farmers rights.

The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Authority has been established under PPV&FR Act, 2001 to grant Intellectual Property Rights to plant breeders, researchers and farmers who have developed plant varieties (new and extant). The PPV&FR Authority registers farmer’s varieties and also confers awards/rewards/recognitions to farming communities and farmers engaged in conservation of plant genetic resources.

Farmers Variety registration

A farmer also is a person engaged in agriculture, raising living organisms for food or raw materials. The term usually applies to people who do some combination of raising field crops, orchards, vineyards, poultry, or other livestock.

  1. A farmer who engaged in agriculture and bred, developed or rising crops or other livestock for a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety.
  2. A farmer who is engaged in the conservation of genetic resources of landraces and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund. Provided that material so selected and preserved has been used as donors of genes in varieties registrable.

Community

ŠConserves and preserves, severally or jointly, with any person any wild species or traditional varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties.

What can you do ?

Application FormApplication FeeRequirementApplication CategoryBenefits
Registrations of Farmer variety forms are available in English and Hindi at http://www.plantauthority.gov.in/forms.htm NIL Submit Seeds or propagating material of the variety being registered to the PPV&FRA New / Extant Farmer Variety Legal rights after registration of varieties.
Benefit sharing
Compensation for the farmers
Compulsory licensing

What you will get ?

Legal rights after registration of varieties.

It is considered necessary to recognize and protect the rights of the farmers in respect of their contribution made at any time in

conserving,

improving and

making available plant genetic resources for the development of new plant varieties

To accelerate agricultural development in the country, it is necessary to protect plant breeders’ rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties.

Benefit sharing

If any organization, private company or anybody uses the Farmer variety for production, development or breeding purposes, then the farmers has to get the benefit by being paid some percentage of the profit.

The Authority will decide the percentage or amount to be paid to the farmer.

Compensation for the farmers If any registered variety fails to provide performance under given conditions, the farmer or the group of farmers or the organization of farmers, as the case may be, may claim compensation in the prescribed manner before the Authority.
Compulsory licensing

Ensuring that seeds of the varieties registered under this Act are easily available to the farmers.

ŠIf the breeder of registered varieties fails to produce sufficient quantity of the variety at reasonable price, the farmer can ask for compulsory license to third party.

Plant Genome Saviour (PGS) Award

 

Type of awardsApplication formEligibilityRequirementAmount in Rs. (lakh)No of awards
PGS Community Awards

Application Form: http:// plantauthority.gov. in/PGSFA.htm

Application needs to be forwarded through Chairman /Secretary of the concerned Panchayat / Biodiversity Management Committee /Concerned District Agricultural Officer /Director of research of concerned State Agricultural University /Concerned District Tribal Development Office.

Indian group of farmers, community of farmers, particularly the tribal and rural communities engaged in conservation, improvement and preservation of genetic resources of economic plants and their wild relatives. Shortlisted farmers has to deposit specific quantity of seeds or propagating material to the Authority 10 5
PGS Rewards
A farmer to be engaged in the conservation of genetic resources of landraces and wild relatives of economic plants and their improvement through selection and prevention and the material so selected and preserved has been used as donors of genes in varieties registrable under the Act. Shortlisted farmers has to deposit specific quantity of seeds or propagating material to the Authority 1.5 10
PGS Recognitions Same as mentioned in the PGS rewards Š Shortlisted farmers has to deposit specific quantity of seeds or propagating material to the Authority 1 20

Source: Department of Agriculture, Cooperation and Farmers Welfare

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