Protection of Plant Varieties and Farmers' Rights Act: An overview

摘要

India is a signatory to World Trade Organization (WTO) conventions. During Uruguay round of the General Agreement on Tariffs and Trade (GATT) in 1994, there was an international agreement on trade related aspects of intellectual property rights (TRIPS). The agreement framed minimum standards and regulations for different forms of intellectual .property rights (IP) and member nations are bound to enact suitable laws for the proper implementation of this agreement in their respective countries. Under the article 27.3 (b) of the TRIPS, protection to plant varieties may be provided through different options either by patents or by an effective sui-generis system or through a combination of both. Recognizing the role played by farmers in conservation ofgenetic resources of crop plants and according equal importance to farmers' rights, India decided to opt for the sui-generis system. Sui-generis is a Latin phrase which mean 'first of its kind'. In order to fulfill its international obligations and commitments, Government of India enacted 'Protection of Plant varieties and Farmers' Rights Act (PPV&FR Act) 2001 with the aim of encouraging innovation in agriculture sector. The rules and regulations to implement this act were formulated in 2003. This act received President's assent on the October 30, 2001.