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An Overview Of The Plant Variety Protection System In India




Dr. Md. Hasanur Zaman Siddique, Assistant Professor in Law, Jyotirmoy School of Law, University of Calcutta


ABSTRACT


Plant Variety Protection (PVP) is essential to incentivize plant breeding, ensuring new, high-yielding, and resilient crop varieties are developed to meet food security, climate change, and agricultural needs. It grants breeders exclusive commercial rights to their inventions, allowing them to recover research costs and fostering, investment, innovation, and international trade. PVP is implemented internationally by the UPOV system. The UPOV Convention 1991 heavily favours breeders, restricting farmers' seed practices and failing to protect traditional, farmer-developed varieties. That’s why India adopted the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act) instead of the UPOV Convention to balance breeder rights with crucial farmers' rights.


This paper primarily focuses on analysing the Indian and international legal frameworks for protecting plant varieties and finding out the key problems with the PPVFR Act.


Keywords: Plant variety, breeder, farmer, convention, etc.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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