Maarg Manthan · Topic 18.7

IPR in Agriculture: Plant Breeders’ Rights

Science & Technology › Intellectual Property Rights (IPR) · Topic 18.7

Plant breeders' rights are intellectual property rights that give the breeder of a new plant variety exclusive rights to produce, sell, market and distribute its seed or propagating material. Article 27.3(b) of the TRIPS Agreement requires countries to protect plant varieties by patents or an effective sui generis system, meaning a special system of their own. India chose a sui generis law, the Protection of Plant Varieties and Farmers' Rights Act, 2001, which balances breeders' rights with farmers' rights. The Protection of Plant Varieties and Farmers' Rights Authority, set up in 2005 at New Delhi, registers varieties. The term of protection is 18 years for trees and vines and 15 years for other crops. A farmer can save, use, sow, resow, exchange, share or sell farm produce including seed of a protected variety, but not sell it as branded seed.

5 min read · UPSC Prelims · Science & Technology · Intellectual Property Rights (IPR)

At a Glance

Law PPV&FR Act, 2001
Authority PPV&FRA, New Delhi, 2005
Term 15 years; 18 for trees and vines
Test DUS
Unique feature Farmers’ rights
Exam link UPSC Prelims, Science & Technology: Intellectual Property Rights (IPR)

Where Does It Fit?

This topic follows the account of geographical indications. It shows how IPR applies to seeds and crops, where the interests of breeders, companies and farmers meet, and it prepares for the policy topic that ends the macro. Previous topic: Geographical Indications. Next topic: National Intellectual Property Rights Policy.

What Does the PPV&FR Act Provide?

Aspect	Details
Legal basis	The Protection of Plant Varieties and Farmers’ Rights Act, 2001 is India’s sui generis system under TRIPS Article 27.3(b). The Authority was established in 2005
Registrable varieties	New varieties, extant (already existing) varieties and farmers’ varieties of notified crop species. The variety must be new, distinct, uniform and stable (DUS)
Breeder’s rights	Exclusive right to produce, sell, market, distribute, import and export the variety, and to appoint agents
Term	18 years for trees and vines and 15 years for other crops from the date of registration; extant varieties are protected for 15 years from notification
Authority	The Protection of Plant Varieties and Farmers’ Rights Authority, New Delhi, with a Registry and Plant Varieties Journal
Exclusions	Varieties with genes that cause sterility, such as terminator technology, cannot be registered
Benefit sharing	A breeder must disclose the source of the genetic material, and local communities can claim a share of benefit

What Are Farmers’ Rights and How Are They Protected?

Right to save and sell: a farmer can save, use, sow, resow, exchange, share or sell farm produce of a protected variety, except branded seed
Right to register: a farmer who has bred or conserved a variety can register it, without any fee
Reward and recognition: the Plant Genome Saviour Community Award and Plant Genome Saviour Farmer Reward and Recognition honour farmers who conserve plant genetic resources
Compensation: if a variety fails to give the promised performance, the farmer may claim compensation
Gene Fund: the National Gene Fund receives benefit-sharing money and royalties and is used to reward conservation and support gene banks
Researchers’ exemption: use of a registered variety for research and breeding is allowed
Compulsory licence: if the seed is not available to the public at a reasonable price, a licence may be given to others after three years
UPOV: India has not joined the International Union for the Protection of New Varieties of Plants, whose model gives stronger breeders’ rights and weaker farmers’ rights

What Else Should You Remember?

PepsiCo potato case: PepsiCo registered potato variety FL-2027 in 2016, and sued Gujarat farmers in 2019 for growing it; the Authority revoked the registration in December 2021, and the matter went to the Delhi High Court, with an order of January 2024 upholding the revocation in part and remanding it, which should be checked
Extant variety: a variety already notified under the Seeds Act or in farmers’ use
Seeds Act, 1966: regulates quality and sale of notified seeds
Seeds Bill: a draft law to replace the 1966 Act has been proposed repeatedly
Biological Diversity Act, 2002: requires approval for use of biological resources, as in Recent Biotechnology Developments
Protection of traditional varieties: landraces conserved by farmers are a basis for new varieties
Gene banks: the National Bureau of Plant Genetic Resources, set up in 1976, conserves seeds
ITPGRFA: the International Treaty on Plant Genetic Resources for Food and Agriculture, which India ratified in 2002, recognises farmers’ rights
Hybrid and GM seeds: GM crops are patented in other countries but in India plant varieties cannot be patented
Bt cotton: a major GM crop in India, where trait fees and seed price control were disputed
Patents Act: Section 3(h) excludes agriculture methods and plants from patents
Registered varieties count: thousands of varieties have been registered, mostly by public institutions
ICAR: Indian Council of Agricultural Research develops many varieties
Seed industry: private firms seek strong breeders’ rights, while farmer groups seek freedom to exchange seeds
Link: compare with Patents
Link to GM debate: see Recent Biotechnology Developments
Caution: court cases are ongoing, so confirm the latest orders

Why Does It Matter for the Exam?

Law and year: 2001
Authority: PPV&FRA, 2005
Term: 15 and 18 years
Current affairs link: PepsiCo case and seeds bill
Common errors: saying India joined UPOV or that plant varieties are patented

As an analytical point, the Indian law is unusual in giving farmers rights equal to those of breeders. It tries to protect innovation without hurting the seed saving practice of small farmers.

Why Is This Topic Important?

Basis Sui generis
Balance Breeder and farmer
Disputes PepsiCo

What Came Next?

The next topic covers the National Intellectual Property Rights Policy. Next topic: National Intellectual Property Rights Policy.

Key People and Terms

PBR Plant breeders’ rights
DUS Distinctness, uniformity, stability
Sui generis Special system
Extant variety Existing variety
Gene Fund Benefit sharing fund
UPOV Plant variety protection union

Exam Corner

Points to Remember

Act: 2001; Authority: 2005.
Term: 15 years; trees and vines 18.
Test: DUS.
India is not in UPOV.
Farmers can sell farm produce but not branded seed.

Do Not Confuse With

PBR and patent Special variety right versus invention patent
Breeder’s right and farmer’s right Commercial control versus freedom to use
UPOV and PPV&FR Act Strong breeder model versus balanced Indian model

Memory Hook

Two-thousand-one balance: breeder gets fifteen, trees eighteen; farmers save, swap and sell.

Mains Angle

Questions ask for the Act, term and rights. These points help.

System Sui generis
Rights Farmers
Disputes Seed sector

A Question You May Face

An original practice question, not a past paper question.

“Examine how the Protection of Plant Varieties and Farmers’ Rights Act, 2001 balances the rights of breeders and farmers.”

How to Answer

Basis TRIPS choice.
Breeders Rights, term.
Farmers Rights, fund.
Disputes PepsiCo.

GS Relevance

Prelims: Act, Authority, term, farmers' rights, DUS criteria, UPOV. GS Paper 3: agriculture, IPR; GS Paper 2: farmers' welfare.

Frequently Asked Questions

What are plant breeders' rights?

Plant breeders' rights are exclusive rights given to the person who develops a new, distinct, uniform and stable plant variety to produce, sell and market its seed or propagating material for a fixed period. They are a form of intellectual property designed for plants, as plants cannot normally be patented.

Which Indian law protects plant varieties?

The Protection of Plant Varieties and Farmers' Rights Act, 2001 protects plant varieties in India and recognises the rights of farmers who conserve and improve varieties. The Authority created under it in 2005 at New Delhi registers new, extant and farmers' varieties, and manages the National Gene Fund.

What is the term of protection for a plant variety?

A registered plant variety is protected for 18 years in the case of trees and vines and 15 years for other crops. Extant varieties are protected for 15 years from the date of notification. After that period the variety can be used freely by anyone.

What are farmers' rights under the Act?

A farmer may save, use, sow, resow, exchange, share or sell farm produce of a protected variety, except as branded seed, can register varieties he has bred or conserved without fees, and can claim compensation if a variety does not perform as promised. The Gene Fund rewards conservation by communities.

What is DUS testing?

DUS stands for distinctness, uniformity and stability, the three tests a new plant variety must pass for registration. It must be clearly different from known varieties, uniform in its characteristics when propagated, and stable over generations, and it must also be new in terms of commercial sale.

PYQ Practice — Statement Analysis

1 India protects plant varieties through a sui generis law.

True

The PPV&FR Act, 2001.

2 India is a member of UPOV.

False

It has not joined.

3 Farmers can sell farm produce of a protected variety except branded seed.