The Protection Of Plant Varieties And Farmers’ Rights Act, 2001: Evolution, Implementation, And Policy Implications
- IJLLR Journal
- Nov 20
- 1 min read
Ankush Bansal, Department of Genetics and Plant Breeding, School of Agriculture, Lovely Professional University, Phagwara —144 001, Punjab, India
ABSTRACT
The Protection of Plant Varieties and Farmers’ Rights Act (PPV&FRA), 2001 represents a landmark in India’s agricultural intellectual property framework, designed to balance breeders’ innovation rights with farmers’ traditional seed sovereignty. This review traces the historical evolution of plant variety protection from pre-TRIPS international agreements to India’s sui generis system, highlighting the interplay between global conventions such as UPOV, CBD, and ITPGRFA. It examines the key provisions of the PPV&FRA, including breeders’, farmers’, and community rights, and evaluates its implementation through mechanisms like DUS testing and the National Gene Fund. Case studies such as PepsiCo vs. Gujarat Farmers (2019) and Nuziveedu vs. Monsanto (2020) illustrate tensions between corporate control and farmers’ rights. The paper analyzes the Act’s impact on plant breeding innovation, biodiversity conservation, and seed industry growth, while identifying gaps in awareness, database management, and enforcement. Comparative analysis with global models in the U.S., EU, China, and Kenya underscores India’s unique approach in integrating equity with innovation. The review concludes by proposing policy enhancements— digital databases, DNA fingerprinting, clearer EDV definitions, and stronger benefit-sharing frameworks—to strengthen the Act’s implementation and ensure sustainable agricultural development.
