Plant Variety Protection and Farmers’ Rights : A Contemporary Perspective

By Renu Bala and Bani Mittal

Introduction

Agriculture has always been the backbone of human civilization and safeguarding plant genetic resources has become a crucial endeavor in the 21st century. As climate change, biodiversity loss, and the pressures of commercialization reshape agricultural landscapes, Plant Variety Protection (PVP) and Farmers’ Rights play a pivotal role in ensuring sustainable development and equitable benefits. These measures are designed to strike a balance between innovation, intellectual property rights, and welfare of farmers particularly smallholders and indigenous communities.

Understanding Plant Variety Protection (PVP)

PVP is a legal framework that grants breeders exclusive rights to their newly developed plant varieties, ensuring that they benefit from their innovation. Governed internationally by the International Union for the Protection of New Varieties of Plants (UPOV), these laws encourage investment in agricultural research and the development of superior varieties.

Plant breeders can prevent unauthorized propagation or commercialization of their varieties, ensuring financial returns. In return, the system promotes the creation of resilient, high-yielding and climate-adapted crops, which are essential for global food security. However, concerns arise about access, affordability, and inclusivity. Critics argue that PVP systems can disproportionately favor large agricultural corporations, potentially marginalizing smaller farmers and eroding traditional knowledge systems.

Plant Varieties and Farmers’ Rights Act, 2001 and its inception

Plant variety protection through Plant Breeder’s Rights was brought into major focus by the General Agreement on Tariffs and Trade (GATT), a multilateral instrument governing international trade. GATT negotiations in Uruguay Round led to the establishment of World Trade Organization (WTO) in 1995. Article 27.3(b) of the Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) under WTO, vouches that members shall provide for the protection of plant varieties, either by patents or by an effective sui generis system or by any combination thereof. The international Union for the Protection of New Varieties of Plants (UPOV) was established by the International Convention for the Protection of New Varieties of Plants (UPOV Convention) in 1961 for the same reason. Additionally, Indian government adopted a sui generis system for the protection of plant varieties and enacted the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act in 2001 (53 of 2001), protecting the right of both farmers and plant breeders. PPVFR rules were notified on 12 September, 2003 and amended from time to time, thereafter to adapt the changing scenarios.

Subsequently, for the purposes of the Act, the Government of India having exercised the powers conferred under the section 3(1) of Protection of Plant Varieties and Farmers’ Rights (PPVFR), 2001 established the Protection of Plant Varieties and Farmers’ Rights Authority on 11 November, 2005, vide Gazette notification S.O. 1588(E). The Authority, since its establishment has been consistently improvising the system of registering the plant varieties, connecting the stakeholders, encourage innovation in seed sector, acknowledge the contribution by the farmers/communities towards conservation of plant genetic resources and making them available to plant breeders, establish a National Gene Fund, build and maintain gene banks etc.

Meaning and objectives of protection of plant varieties

The protection on the variety means no one can sell, export, import or produce the seed or propagating materials of such protected (registered) plant variety without the registered breeder’s (owner’s) permission[1]. Some of the major objectives of the PPVFR Act, 2001 includes establishing an effective system for protection of plant varieties, the rights of farmers as well as plant breeders. It also aims to recognize the farmer’s contribution in conserving, improving and making available plant genetic resources for the development of new plant varieties. Further it stimulates investment for research and development in development of new plant varieties and facilitates the growth of seed industry ensuring the availability of high-quality seeds and planting material to the farmers.

Registration Process of Plant Varieties

Different categories under which the candidate variety can be registered

Plant varieties can be registered under various categories such as:

• New Variety: if the variety has been commercialized in India for a period of less than one year or outside India, in case of trees and vines earlier than 6 years, or in any other case, earlier than 4 years before the date of filing of application for registration then it is a new variety.
• Extant Variety: Consist of the following categories namely:
  • Extant variety notified under section 5 of Seeds Act, 1966: Varieties notified under Section 5 of Seeds Act, 1966 are eligible for registration under the category of extant variety.
  • Farmers’ variety: Traditionally cultivated and evolved by the farmers in their fields and includes wild relative or land race or a variety about which the farmers possess common knowledge.
  • Variety of Common Knowledge (VCK): which are not notified under Section 5 of Seeds Act, 1966 and are in commercial chain for more than a year.
• Essentially Derived Variety: A variety pre-dominantly derived from an initial variety and should fall either under new or extant category.

Current status of registration of plant varieties

During the annual year of 2023-24, total 1763 certificates of registration were issued out of that 1546 were Farmer Variety, followed by 82 Extant varieties, 75 New varieties and 60 VCK. Similarly, highest number of certificates were issued for cereals 1364 followed by Legumes (97), Oilseeds (84), vegetables (67), Fibre crops (61),Fruits (53) and Spices (31) etc.[2].

Types of application forms are available for registration of plant varieties

Three different types of application forms are provided which can be downloaded from the website Protection Of Plant Varieties and Farmers’ Rights Authority [3]:-

1. a) Form –I for registration of new and extant varieties
2. b) Form-II for registration of EDV
3. c) Application form for registration of farmers variety provided in Sixth Schedule of PPV&FR Rules, 2003.

Extent and nature of field-testing (DUS testing) of varieties

One of the pre requisites for registration of a plant variety under PVPFR act is that the candidate plant variety should be novel, distinct, uniform and stable in its characteristics.  Application for the variety to be registered to be submitted to the Plant variety registry along with the requisite fee, all essential enclosures and seeds samples in sealed bags. After the receipt of necessary fees and seeds followed by satisfactory examination of the application at the Plant Varieties Registry, the Registrar sends the variety to crop specific centers for conducting DUS test.

However, the period of DUS testing varies depending upon the crop type as follows[4]:

• New Varieties: Two similar crop seasons at two locations
• Farmers’ Variety and VCK: One crop season at two locations
• Extant variety notified under section 5 of Seeds Act, 1966: No DUS testing is conducted but the variety is processed by an Extant Variety Recommendation Committee (EVRC Committee) which recommends for registration.
• EDV: DUS testing is not mandatory but field test is conducted to ascertain DUS criteria.

Once the distinctiveness of the variety is ascertained through DUS test and comparison across the database, passport data of the variety is published in the Plant Varieties Journal of India inviting opposition within a period of three months from the date of publications.  In case no opposition is filed or if opposition filed is rejected, the variety proceeds for registration. The period of protection varies depending upon the type of plants i.e. field crops, trees and vines. The total period of protection for field crops is of 15 years with 6 years of protection at the time of registration renewable to next 9 years, whereas that of trees and vines is for 18 years with 9 years of protection at the time of registration renewable to next 9 years. The extant varieties notified are given a protection for 15 or 18 years for field crops or trees and vines respectively, from date of notification under Seeds Act, 1966.

In case the DUS testing passes uniformity tests, but fails to establish the requirement of distinctiveness between the two varieties as mentioned in the application, then the mentioned testing protocol shall be used for measuring the expression of the character which can be providing of an environmental parameter, infecting with a pathogen or extraction of a chemical/biochemical content including DNA/RNA analysis, a special test is conducted to establish the difference.

Tentative timelines applicable for different stages of registration process

Additional Requirements

In case the candidate variety for plant variety protection is transgenic, a Genetic Engineering Approval Committee clearance certificate needs to be submitted. Further, if the Variety for registration is transgenic, a clearance on Biosafety from Ministry of Environment and Forests is required using FORM IIB available on Genetic Engineering Appraisal Committee (GEAC) website. In case the seeds are supplied as samples, an affidavit (GURT FORM) mentioning that no terminator technology is used in the format provided on the plant variety authority website is required to be submitted.

Convention Applications in Plant variety protection and Farmers act

Applicants both from public as well as private sector in India can get registration in convention countries i.e. in countries which are members of Convention on Biodiversity(CBD) based on their registration in India and vice versa[5]. Applicants can also claim priority rights related to the date of submission of the application in the convention countries. This saves time and money as based on a single registration, one can obtain registration in a convention country also. In order to file convention applications for protection of plant varieties across countries, permissions from the respective countries needs to be taken. However, convention applications need to be associated with a valid PHYTOSANITARY CERTIFICATE of the respective plant samples issued by Directorate Of Plant Protection, Quarantine and Storage, Department of Agriculture & Farmers Welfare, Ministry Of Agriculture & Farmers Welfare, Government Of India.

Official fee for different varieties

In order to register or renew different varieties different fees are applicable as mentioned in the table below[6].

Official fee for different varieties

Agribiotech Industries and Plant variety Protection and Farmer’s Right

As per the recent estimates agricultural biotechnology market size is to increase by USD 28.63 billion, at a Compound Annual Growth Rate (CAGR) of 9.6% between 2023 and 2028[7]. Furthermore, with climate change continuing to impact agriculture productivity, there is a growing need for crops that can tolerate extreme weather conditions, such as heat, sanity, and drought. However, the development of agricultural biotechnology products are very high owing to the high R&D cost involved. Under such circumstances protection on the development of new varieties as offered by Plant Variety Protection and Farmer’s Right act could be a great proponent in attracting investment from both the industry and the government sector as well as promoting the development of new varieties by both breeders as well as farmers. With increasing demand of high productive, multi trait and stress tolerant plant varieties along with growing awareness regarding the Intellectual Property Rights the number of applicants is increasing continuously as evident from the increasing number of applications for plant variety protection every year. The same is evident from the graph shown below where the certificates issued in the year 2023 increased from 508 to 1259 (more than double) in India itself. Thus, Plant variety protection (PVP) and farmer’s right is a legal mechanism that grants exclusive rights to breeders of new plant varieties, encouraging innovation in agriculture, horticulture and related industries.

Conclusion

Conclusively, rights conferred to the breeders as well as farmers through Plant variety protection and Farmer’s right act, 2001 provides a level playing field to both of them. This not only fosters innovation and investments in this field but also provides the due recognition and credit to the both the farmers and breeders. Thus, there is an urgent need to spread awareness regarding the Plant Variety Protection and Farmer’s act in farmers, breeders, scientific community as well as agriindustries.

[1] Protection of Plant Varieties and Farmers’ Rights Authority (2021).PPVFR Act 2001: Frequently Asked. p7 Questions. https://plantauthority.gov.in/sites/default/files/finalnewfaq23.02.2021.pdf

[2] Protection of Plant Varieties and Farmers’ Rights Authority (2024). Annual Report 2023-24.  Executive summary p(iii). https://plantauthority.gov.in/sites/default/files/annual-report-2023-24-english.pdf

[3] Protection of Plant Varieties and Farmers’ Rights Authority. https://plantauthority.gov.in/application-forms

[4]Protection of Plant Varieties and Farmers’ Rights Authority (2024). Annual Report 2023-24.p 4. https://plantauthority.gov.in/sites/default/files/annual-report-2023-24-english.pdf

[5] Protection of Plant Varieties and Farmers’ Rights Authority (2021).PPVFR Act 2001: Frequently Asked. P 34 Questions. https://plantauthority.gov.in/sites/default/files/finalnewfaq23.02.2021.pdf

[6] Protection of Plant varieties and Farmer’s Right Authority(2024). Fee details.https://plantauthority.gov.in/fees-details

[7] Technavio (2024).Agricultural Biotechnology Market Analysis North America, Europe, APAC, South America, Middle East and Africa – US, China, India, Germany, UK – Size and Forecast 2024-2028.. https://www.technavio.com/report/agricultural-biotechnology-market-industry-analysis