Protection Of Plant Varieties And Farmers' Rights Act 2001: A Critical Analysis

Ayush Yadav, Delhi University, Law Faculty

ABSTRACT

The Protection of Plant Varieties and Farmers' Rights Act, 2001, was established in India to create a sui generis system for protecting plant varieties, balancing breeders' and farmers' rights. While the Act's intent is to safeguard both parties, it has been criticized for aligning too closely with the UPOV model, which is less suited to India's unique agricultural landscape. The Act treats traditional farming methods and commercial breeding equally, despite their vast differences in practice, knowledge, and objectives. This has raised concerns about the fairness of the registration process, which requires technical expertise and financial resources that many small-scale farmers lack.

Additionally, the Act imposes restrictions on the commercial exchange of protected seeds, potentially harming the agricultural economy. There are also issues with the burden of proof placed on farmers in cases of alleged infringement, which contradicts general legal principles. Despite these challenges, the Act does offer certain protections, such as compulsory licensing, breeders' and researchers' rights, and restrictions on sterile seed technology. Judicial pronouncements have further clarified procedures, such as the use of DNA tests in plant variety registration.

However, the Act's implementation has been hindered by a lack of awareness among stakeholders. To address this, increased efforts in education and outreach are necessary. Although the Act has limitations, it remains a critical step in providing formal intellectual property rights to farmers and breeders. The need for ongoing refinement and a complementary seed policy is essential to ensure that the Act fully supports India's diverse agricultural practices.