The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 creates a system for contract farming in India. It lets farmers make deals with buyers to get guaranteed prices and farm services like seeds and other supplies. However, plant variety protection is covered by the Protection of Plant Varieties and Farmers Rights Act, 2001, also known as PPVFR Act. This Act protects plant varieties and supports farmers by securing intellectual property in agriculture. The 2020 Act connects to plant variety protection through contract farming, where protected seeds may be used. This article explains the objectives of plant variety protection under the PPVFR Act. These goals form the basis for protecting plant varieties and empowering farmers.
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Historical Context and Purpose of Plant Variety Protection
Farming depends on diverse plant varieties developed by farmers and breeders. Before the Protection of Plant Variety and Farmers Act, there was no clear law to protect plant varieties. This challenge raised concerns about intellectual property in breeding. The Act was passed to follow Article 27.3(b) of the TRIPS Agreement which lets countries protect plant varieties through patents. India chose a unique system to avoid patenting living things while still protecting new ideas.
The goals of plant variety protection were shaped by the need to boost farming in a globalized world. Unlike the 2020 Act, the PPVFR Act aims to register and protect new plant varieties to encourage research and development (R&D). This protection attracts investment in breeding, ensuring farmers get high-quality seeds. This supports the price assurance deals in contract farming under the 2020 Act.
Objectives of Plant Variety Protection
The PPVFR Act lists several main objectives of plant variety protection. These goals encourage innovation while protecting traditional knowledge. They are important for lawyers because they affect lawsuits, plant variety registration processes, and policy decisions.
Creating a Strong Protection System
A main goal is to build a solid legal system to register and protect plant varieties. Under the PPVFR Act, varieties must be new, distinct, uniform, and stable (called DUS criteria) to get protection. This system gives breeders exclusive rights for 15 to 18 years, depending on the crop, to control production, sales and distribution. This goal highlights the need for clear evidence in registration disputes in order to ensure protection without limiting access.
Encouraging New Plant Varieties
Another goal is to motivate the creation of new plant varieties through research. By giving intellectual property rights, the Act encourages private and public companies to invest in breeding programs. This leads to better crops with higher yields, disease resistance, and adaptability to climate changes. These improvements help farmers in contract farming deals under the 2020 Act. Lawyers should know this goal aligns with global standards like the UPOV Convention, but India includes farmer-friendly rules.
Protecting Farmers’ Rights and Contributions
Unlike many global systems, the PPVFR Act’s goals strongly focus on farmers’ rights. It recognizes farmers as breeders, growers, and keepers of genetic resources. Farmers can save, plant, share and sell seeds from protected varieties (as long as they’re not branded). This goal protects farmers from exploitation and lets them claim compensation if a variety fails. In the context of the 2020 Act’s farm services, this ensures seed supply deals respect farmers’ rights and prevent companies from controlling the market.
Supporting the Seed Industry
Another goal is to grow the seed industry by ensuring high-quality planting materials are available. Protection encourages commercial breeding which leads to better seeds and higher farm output. For lawyers, this goal involves ensuring companies follow rules, like paying annual fees to keep registrations active or offering compulsory licenses if varieties are too expensive or hard to get.
Preserving Biodiversity and Genetic Resources
The objective of plant variety protection also include protecting biodiversity. The PPVFR Act sets up a National Gene Fund to reward communities and farmers for preserving plant diversity. Awards like the Plant Genome Saviour Community Award (up to INR 10 lakh) honor these efforts. This goal matters in sustainable farming, especially when contracts under the 2020 Act involve diverse crops.
Learn about the International Union for Protection of New Varieties of Plants.
Rights and Duties Under the Act
The PPVFR Act provides rights and duties to promote agricultural innovation, protect intellectual property, and ensure equitable access. It balances the interests of breeders, farmers and communities while fostering sustainable development. This aligns with India’s goals for fair and progressive agricultural practices.
Breeders’ Rights
Breeders get exclusive rights to produce, sell and export protected varieties. However, these rights have exceptions for research and farmers’ use which reflects the goals of balancing protection with access.
Farmers’ Rights
Farmers have special privileges like selling unbranded seeds and registering traditional varieties without fees. This empowers small farmers which supports the goal of farmer empowerment.
Community Rights
Communities that preserve genetic resources can claim a share of profits from commercial use of their varieties. This promotes fairness in agriculture.
Comparison of Rights Under PPVFR Act
The following table shows how the goals of plant variety protection work in practice along with offering a quick guide for legal analysis:
Category | Breeders’ Rights | Farmers’ Rights | Community Rights |
Scope | Control production, sale, marketing, import/export of variety. | Save, use, plant, share, sell unbranded seeds; register varieties. | Share profits from commercial use; awards for conservation. |
Duration | 15 years (crops), 18 years (trees/vines). | Ongoing for traditional practices. | Ongoing recognition via Gene Fund. |
Fees | Annual fees to maintain registration. | No fees for any proceedings. | No fees; rewards from fund. |
Exceptions | Compulsory licensing if variety is unavailable. | Compensation for variety underperformance. | Plant Genome Saviour Awards (up to 5 annually). |
Legal Remedies | Court orders, damages for infringement. | Claims before Authority. | Applications for recognition. |
Summary
The PPVFR Act has several objectives of plant variety protection. This protection empowers farmers and boosts agricultural innovation. The Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 focuses on contracts. It supports these goals by ensuring access to protected seeds through farm services. Plant variety protection seeks to create a strong protection system. It also promotes new variety development, safeguards farmers' rights, supports the seed industry and preserves biodiversity within India’s legal framework for sustainable development. Successful implementation of these goals is key to truly empowering farmers in a changing agricultural world.
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Objectives of Plant Variety Protection: FAQs
Q1. What are the objectives of plant protection?
To safeguard plants from pests, diseases and environmental damage for healthy growth and better yield.
Q2. What are the objectives of the plant varieties Act?
To protect plant breeders' rights and encourage the development of new plant varieties.
Q3. What is the purpose of plant variety protection?
To grant legal rights to breeders for new plant varieties.
Q4. What are the objectives of plants?
To grow, reproduce, produce food through photosynthesis and support ecosystems.
