PROTECTION OF PLANT VARIETIES AND FARMERS RIGHT WITH SPECIAL REFERENCE TO INDIA

AUTHOR – GUNJAN JASWAL* & DR. UJJWAL KUMAR SINGH**

* STUDENT AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

** ASSISSTANT PROFESSOR AT LAW COLLEGE DEHRADUN, UTTARANCHAL UNIVERSITY

BEST CITATION – GUNJAN JASWAL & DR. UJJWAL KUMAR SINGH, PROTECTION OF PLANT VARIETIES AND FARMERS RIGHT WITH SPECIAL REFERENCE TO INDIA, ILE MULTIDISCIPLINARY JOURNAL, 4 (1) OF 2025, PG. 780-787, APIS – 3920-0007 | ISSN – 2583-7230.

Abstract

The Protection of Plant Varieties ad Farmers’ interests (PPVFR) Act, 2001, which is an important piece of Indian law, attempts to strike a balance between the interests of farmers and plant breeders. This Act offers a special framework for intellectual property rights (IPR) that gives plant breeders the sole right to use their inventions while guaranteeing that farmers maintain their customary seed-related privileges. India’s PPVFR Act acknowledges farmers’ roles as plant genetic resource creators and conservators, in contrast to the UPOV framework, which largely benefits breeders. As long as they don’t sell them under trademarked names, farmers are allowed to store, use, trade, and sell farm-saved seeds according to this law. By providing them with awards and recognition, it also recognises the contributions of traditional farming communities. In order to guarantee that any commercial use of plant genetic resources adequately pays the communities engaged in their protection, the Act also requires benefit-sharing arrangements. Globally, the PPVFR Act is in line with international accords like the Convention on Biological Diversity (CBD) and the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement, providing adherence to international standards while giving national interests top priority. In order to prevent monopolistic control over important plant types and to promote agricultural sustainability, it also offers options for compulsory licensing. In conclusion, by protecting farmers’ rights and encouraging plant breeding innovation, the PPVFR Act sets an example for other developing countries and exemplifies a balanced approach to IPR in agriculture. The efficacy of this progressive law can be further increased by stepping up implementation and raising awareness.