Protection of the Farmers and Breeders Right with Special Reference to the Protection of Plant Variety and Farmer Rights Act, 2001

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Contents
CHAPTER I6
INTRODUCTION6
1.1Situation of Farmers in India7
CHAPTER II10
EMERGENCE OF FARMERS’ RIGHTS IN INDIA10
2.1Role of TRIPs and UPOV Agreement10
2.2Emergence of Protection of Plant Varieties and Farmers Rights Act (PPVFR), 200111
CHAPTER III14
PLANT BREEDING14
3.1Breeder14
3.2Variety14
3.3Plant Breeding15
CHAPTER IV18
RELATION OF FARMER’S RIGHT TO INTELECTUAL PROPERTY RIGHTS18
4.1General Provisions under PPVFR 200118
4.1.1Establishment of Protection of Plant Varieties and Farmers' Rights Authority18s
4.1.2Establishment of tribunal19
4.1.3National Register of Plant varieties19
4.2Provisions for Plant Breeders under PPVFR 200119
4.2.1Registry of plant variety19
4.2.2Certificate of registration20
4.2.3Rights conferred on breeder20
4.3Farmers Rights under PPVFR 200121
4.3.1Rights conferred under section 39:-21
CHAPTER V23
RIGHTS OF FARMERS23
5.1Rights of farmers: The Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFR)23
5.1.1Rights to Seed: s.23
5.1.2Right to Register Varieties:23
5.1.3Right to Reward and Recognition:23
5.1.4Right to Benefit Sharing:24
5.1.5Right to Information and Compensation for Crop Failure: 24
5.1.6Right to Compensation for Undisclosed use of Traditional Varieties:24
5.1.7Right to Adequate Availability of Registered Material:.25
5.1.8Right to Free Services:25
Chapter VI26
EFFECTS OF PROTECTION OF PLANT VARIETIES AND FARMER’S RIGHTS ACT 200126
CHAPTER VI29
CONCLUSION29

CHAPTER I
INTRODUCTION

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Farmers’ Rights are currently acknowledged as a global concern, yet consensus on how to implement Farmers’ Rights remains elusive. There is a certain level of acknowledgement worldwide that farmers are an important part of the economic, social and political fabric of society and require support. Growing recognition of farmers’ role in agro biodiversity conservation and innovation is particularly evident. However, there is no agreement on what should be the exact nature, scope and extent of Farmers’ Rights. The 2001 International Treaty on Plant Genetic Resources for Food and Agriculture provides for the recognition of Farmers’ Rights, but does not explicitly define them. Questions remain about whether Farmers’ Rights should be seen as a form of intellectual property rights, as development rights, as measures to promote conservation of traditional varieties and farming practices, or as some combination of these. Without urgent attention towards resolving this lack of clarity, Farmers’ Rights may become diluted into a theoretical and unrealistic concept. India is among the first countries in the world to have passed a legislation granting Farmers’ Rights in the form of the Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFR). India’s law is unique in that it simultaneously aims to protect both breeders and farmers. It attempts to establish rights for farmers to register their innovations and protect extant (existing) varieties. India is a country rich in biodiversity and genetic resources. India is a leader in the developing world, negotiating at the forefront internationally to ensure protection of Farmers’ Rights. These dimensions must be viewed alongside realities on the ground, such as the fact that farmers are committing suicide in alarming numbers in India. The Indian case holds important lessons for the realization of Farmers’ Rights. It assumes immense importance for several reasons including: India’s lead in establishing a legal framework on Farmers’ Rights, India’s international contribution to negotiations on Farmers’ Rights and the complexities of agriculture in India within which the country is attempting to implement Farmers’ Rights.

1.1Situation Of Farmers In India...
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