November 05, 2001
7
PRESIDENTS ASSENT TO PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS BILLThe President has given his assent to the Protection of Plant Varieties and Farmers Rights Bill, 2001. With this, the Bill, passed during the Monsoon Session of Parliament ending August, 31, 2001, has been notified in the Gazette of India as Act No. 53 of 2001. The Act will be enforced from a date to be notified in the Gazette of India by the Union Ministry Agriculture.
The Protection of Plant Varieties and Farmers Right Act, 2001, which complies with the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) , 1994, seeks to stimulate investment for research and development both in the public and private sectors for the development of new plant varieties by ensuring appropriate returns on such investments. It also seeks to facilitate the growth of the seed industry in the country through domestic and foreign investment which will ensure the availability of high quality seeds and planting material to Indian farmers. It also recognizes the role of farmers as cultivators and conservors and the contribution of traditional, rural and tribal communities to the countrys agrobiodiversity by rewarding them for their contribution through benefit sharing and protecting the traditional rights of the farmers.
Besides, a National Gene Fund will be established to promote the conservation and sustainable use of genetic resources of agrobiodiversity. The Act also seeks to set up the Protection of Plant Varieties and Farmers Rights Authority to promote and develop new varieties of plants and promote rights of the farmers and breeders. It will register extant and new plant varieties, develop characterization and documentation of varieties and provide the compulsory licensing of protected varieties if the right holder does not arrange for production and sale of the seeds to ensure that protected seeds are available to the farmers. It will also collect statistics on plant varieties, seeds and germplasm for compilation and publication. The Authority will adopt the Convention on Biological Diversity.