Protection of Plant Varieties and Farmer's Rights Act, 2001: An Appraisal

Humaira Rehman, Fareed Ahmad Rafiqi

Abstract: The Protection of plant variety and Farmers Rights Act 2001 provides for the establishment of an effective system for protection of Plant varieties, the rights of farmers and Plant breeders and to encourage the development and cultivation of new varieties of plants. The Act establishes two National bodies, one administrative and the other judicial. The Government of India is authorized to appoint the PPVFR Authority comprising a Chairperson and 15 ex-officio and nominated members. The PPVFR Authority is responsible for implementation of this Act, including the grant of registration to plant varieties. On the judicial side, there is a Tribunal, called the Plant Varieties Protection Appellate Tribunal (PVPA Tribunal), The PVPA Tribunal has a Chairperson and judicial and technical members. This Tribunal is authorized to decide on all jurisprudential issues related to the administration and interpretation of the Act. High Courts hear appeals against the decisions of the Tribunal. The jurisdiction over the offences so created vests in ordinary civil and criminal courts and the District Courts have been designated as the courts where an action can be initiated.

Keywords: Farmers rights, plant varieties, breeders rights, plant patents, ITPGRFA, compensation