Plant Varieties and Farmers’ Rights Authority

The Plant Varieties and Farmers’ Rights Authority (PPV&FRA) is a statutory body established by the Government of India under the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001. It functions under the Department of Agriculture and Farmers Welfare, Ministry of Agriculture and Farmers Welfare. The Authority is responsible for implementing the provisions of the Act, which seeks to protect the rights of plant breeders while simultaneously safeguarding the traditional knowledge and contributions of Indian farmers in conserving, improving, and making available diverse plant genetic resources.
The establishment of the Authority represents a unique attempt to balance intellectual property rights (IPR) in plant breeding with the recognition of farmers’ rights, making India one of the first countries in the world to adopt such a comprehensive and farmer-centric legal framework.

Background and Rationale

India’s rich agricultural heritage and biodiversity form the backbone of its food and livelihood security. However, global developments in intellectual property rights, especially under the World Trade Organization (WTO) and its Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement (1995), required member countries to protect plant varieties either through patents, a sui generis system, or a combination of both.
India chose a sui generis (unique) system by enacting the Protection of Plant Varieties and Farmers’ Rights Act, 2001, which came into force on 11 November 2005. This Act led to the creation of the Plant Varieties and Farmers’ Rights Authority, headquartered in New Delhi.
The primary objective was to encourage the development of new plant varieties by providing intellectual property protection to breeders, while ensuring that farmers — the traditional custodians of crop diversity — continued to have access to seeds and were rewarded for their contributions.

Objectives of the PPV&FRA

1. Protection of Plant Breeders’ Rights: To grant intellectual property protection to breeders of new, distinct, uniform, and stable plant varieties.
2. Recognition of Farmers’ Rights: To acknowledge and safeguard the contributions of farmers in conserving, improving, and developing plant genetic resources.
3. Encouragement of Agricultural Innovation: To promote research and development in plant breeding and seed technology.
4. Benefit Sharing: To ensure equitable sharing of benefits arising from the use of plant genetic resources and farmers’ varieties.
5. Facilitation of Availability of High-Quality Seeds: To make improved plant varieties accessible to farmers for enhancing productivity and food security.

Composition of the Authority

The Plant Varieties and Farmers’ Rights Authority is constituted by the Central Government and consists of:

• Chairperson: Appointed by the Central Government (usually a distinguished agricultural scientist).
• Members: Represent various stakeholders, including the ministries of agriculture, environment, tribal affairs, science and technology, farmers’ organisations, and seed industries.
• Registrar-General: Serves as the Secretary to the Authority and heads the Registry of Plant Varieties.

The Authority operates through a central office in New Delhi and several branch offices and testing centres across the country.

Key Functions of the Authority

1. Registration of Plant Varieties:
   • Registers new, extant (already existing), and farmers’ varieties after verifying their distinctiveness, uniformity, stability, and novelty (DUS testing).
   • Maintains the National Register of Plant Varieties.
2. Issuance of Breeders’ Rights:
   • Grants Plant Breeder’s Rights (PBR), allowing breeders to produce, sell, market, distribute, import, or export the protected variety.
3. Recognition of Farmers’ Varieties:
   • Registers and documents farmers’ varieties based on traditional knowledge and ensures that their rights are protected.
4. Benefit-Sharing Mechanism:
   • Determines and disburses benefit-sharing to communities or individuals contributing to the development of a registered variety.
5. Establishment of Gene Fund:
   • Manages the National Gene Fund, which supports conservation and recognition activities and provides benefit-sharing payments to farmers.
6. Protection Against Infringement:
   • Ensures legal recourse against unauthorised use of registered plant varieties.
7. Awareness and Capacity Building:
   • Conducts training, outreach, and awareness programmes among farmers, breeders, and researchers regarding rights and procedures under the Act.
8. Conservation of Genetic Resources:
   • Promotes the preservation and sustainable use of plant genetic diversity through registration and documentation.

Categories of Varieties Registered

The PPV&FR Authority registers plant varieties under the following categories:

1. New Variety: Developed through breeding or selection and meeting the criteria of Novelty, Distinctness, Uniformity, and Stability (DUS).
2. Extant Variety: A variety already in existence before the commencement of the Act (including notified varieties, farmers’ varieties, and common knowledge varieties).
3. Farmers’ Variety: A variety traditionally cultivated and evolved by farmers or a wild relative/local landrace recognised for its value.
4. Essentially Derived Variety (EDV): A variety derived from an existing one while retaining most of its essential characteristics but showing distinctness.

As of recent years, the Authority has registered over 4,000 plant varieties across cereals, pulses, oilseeds, vegetables, fruits, and ornamental crops.

Farmers’ Rights Under the PPV&FR Act

The Protection of Plant Varieties and Farmers’ Rights Act, 2001 uniquely recognises and enshrines Farmers’ Rights, setting it apart from international models like UPOV (International Union for the Protection of New Varieties of Plants).
Farmers are granted the following rights:

1. Right to Save, Use, Exchange, and Sell Seeds:
   • Farmers can continue their age-old practice of saving, using, sharing, or selling farm-saved seeds, except under branded or commercial names of protected varieties.
2. Right to Registration:
   • Farmers can register their own varieties developed through selection or conservation.
3. Right to Reward and Recognition:
   • Farmers or communities contributing to the conservation or improvement of genetic resources are eligible for recognition and awards.
4. Right to Benefit Sharing:
   • If a registered variety has been developed using farmers’ genetic material, they are entitled to a share of the profits.
5. Right to Compensation:
   • Farmers can claim compensation if the registered variety fails to perform as per the breeder’s claim.
6. Exemption from Fees and Legal Support:
   • Farmers are exempted from paying fees for registration or legal proceedings in certain cases.

The National Gene Fund

The National Gene Fund was established under Section 45 of the PPV&FR Act. Its main objectives include:

• Supporting benefit-sharing with farming communities.
• Rewarding farmers for conserving plant genetic resources.
• Promoting research in crop improvement and conservation.

The Fund is financed through:

• Benefit-sharing payments.
• Contributions from breeders and seed companies.
• Government grants and other sources.

DUS Testing and Plant Variety Protection

Before registration, every variety undergoes Distinctness, Uniformity, and Stability (DUS) testing at designated centres across India.

• Distinctness: The variety must be distinguishable from any existing variety.
• Uniformity: Plants within the variety must be uniform in relevant characteristics.
• Stability: The variety must remain consistent in its traits over successive generations.

Achievements of the Authority

• Registration of thousands of plant varieties across major crop groups.
• Protection of farmers’ varieties and local landraces (e.g., traditional rice, millet, and vegetable varieties).
• Establishment of DUS testing centres across all agro-climatic zones.
• Documentation of traditional crop knowledge and genetic diversity.
• Recognition and awards to farming communities for biodiversity conservation.
• Enhanced participation of farmers and researchers in plant variety development.

Challenges

Despite its progressive framework, the Authority faces several challenges:

• Limited awareness among farmers about registration procedures and benefits.
• Complex and lengthy documentation processes for smallholders.
• Enforcement difficulties in cases of infringement or biopiracy.
• Need for harmonisation with global systems such as UPOV while preserving farmer-centric principles.

Significance

The Plant Varieties and Farmers’ Rights Authority embodies India’s commitment to balancing innovation with equity, ensuring that technological advancement in plant breeding does not come at the cost of traditional agricultural practices and biodiversity.
It safeguards the interests of farmers — the custodians of genetic diversity — while encouraging breeders to invest in developing improved varieties. This dual protection mechanism not only strengthens national food security but also promotes sustainable agriculture, biodiversity conservation, and equitable benefit-sharing.