This Article has been written by Ms. Anam Siddiqui , a 2nd year student (BALLB) of Sadanlal Savaldas Khanna Girls Degree College, Prayagraj.
Abstract:
This article is going to deal with the roles of the authorities that are specifically concerned in protection of plant varieties in India. With the passing of the protection of plant variety and farmers right act, as a result various authorities have been emerged out with the responsibilities of protection such plant varieties.
Keywords: Plant variety, Plant breeding, World Trade Organisation, TRIP.
Introduction:
Agriculture is the basis of settlement of the humans in an advanced society. As agriculture is called the backbone of the Indian economy so, reforms and modernization in agriculture is a crucial condition for the overall development of the India. Various strategies to improve the quality of plants are followed in order to bring development in agriculture.
Among such strategies, plant breeding is one the major step which is widely practiced in India. This method has a full potential to improve life quality and to link agriculture with society and eco-system.
In current times, Farmers as well as Scientists work together to breed the plants in order to have desired characteristics in plants. Scientists uses different scientific principles to improve the gene coding of plants.
The Parental plants are combined in order to get the next generation with the best traits. Plants are improved for different purposes like to use them for consumption, generating power, environment services, protection, and for other different human activities.
Plant Variety Protection in India:
Plant variety protection provides a form of legal protection of a variety of plant to a breeder in for of a Plant Breeder’s Rights (PBRs). These are the intellectual property rights granted to a breeder of a registered variety of plant.
The Agreement of TRIPs (Trade Related Aspects of Intellectual Property Rights) mandates those countries which are the member of World Trade Organization (WTO) to have an effective system for protection of plant varieties.
The Plant Variety Protection and Farmers Rights Act (PPVFRA) 2001: This Act increases agricultural development accelerates investment in research and development for creating new varieties, which could help in enhancing high quality of the seeds.
The Plant Variety Protection and Farmers Rights Act (PPVFRA) 2001, is a step of Indian Government to protect the rights of plant breeders and farmers in respect of commercialization as well as contribution in encouraging new plant varieties.
History of the Act:
The Act was enacted in 2001 after various controversies in different countries to apply Intellectual Property Rights in Indian agriculture joined with World Trade Organisation and implementing agreement on TRIPs.
Under the PPVFR Act, farmers can be registered as a plant breeders after registering their varieties.
Establishment of Authorities:
To develop a proper system for protecting the breeds of plant and rights of the innovators as well as the farmers, the PPVFR Act has been passed, which lays down the provisions for the formation of an authority for protecting such varieties.
Chapter II of The Plant Variety Protection and Farmers Rights Act (PPVFRA) 2001, lays down the provisions regarding the establishment of the authority.
Section 3 of the Said Act signifies the central government to establish an authority, which will be known as the Plant Variety Protection and Farmers Rights Authority.
Further, the authority will be considered as a body corporate, will have perpetual succession and will have the power to hold or dispose off the movable as well as immovable properties.
The authority will consists of a chairperson and fifteen other members and will have a head office.
The members other than chairperson to be appointed by central governments are mentioned as follows:
(i) the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio;
(ii) the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio;
(iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; 8
(iv) the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio;
(v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio;
(vi) one member not below the rank of Joint Secretary to the Government of India, to represent the Department of Bio-technology, Government of India, ex officio;
(vii) one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Environment and Forests, Government of India, ex officio;
(viii) one member not below the rank of Joint Secretary to the Government of India to represent the Ministry of Law, Justice and Company Affairs, Government of India, ex officio;
(ix) one representative from a National or State level farmers’ organisation to be nominated by the Central Government;
(x) one representative from a tribal organisation to be nominated by the Central Government;
(xi) one representative from the seed industry to be nominated by the Central Government;
(xii) one representative from an agricultural University to be nominated by the Central Government; (xiii) one representative from a National or State level women’s organisation associated with agricultural activities to be nominated by the Central Government; and
(xiv) two representatives of State Governments on rotation basis to be nominated by the Central Government.
Further, it is also mentioned that the registrar would be considered as the secretary of the authority established.
Section 4 of the said Act lay down the provision for meetings of the established authority.
The chairperson will preside such meetings and in case of his absence any other member can preside over the meeting.
Decisions will be taken by the majority of votes and in the case of equal voting, the presiding person will have power of second casting vote.
Section 5 grants power to the authority to appoint committees.
Authority can also employ any officer or employee as required for the purpose of the said Act, as mentioned in the Section 6.
Section 7 considers the chairperson to be the chief executive of the authority.
Functions of the authority:
Section 8 lay down the functions of the authority as listed below:
- To encourage the breeders to innovate new varieties;
- To protect the rights of the freedom and the breeders;
For the above purpose the authority shall:
- the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed;
- developing characterisation and documentation of varieties registered under this Act;
- documentation, indexing and cataloguing of farmers’ varieties;
- compulsory cataloguing facilities for all varieties of plants;
- ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed;
- collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication; (g) ensuring the maintenance of the Register.
All the orders of the authority will be authenticated by the sign of chairperson and other members as specified in the Section 9.
According to Section 10 of the Act, the authority can delegate powers and functions to chairperson or any other member as required.
Power of the Authority:
The authority will have powers of civil court receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses.
The authority can make rules and orders and have power to be executed as a decree.
Thus, to recognize and protect the rights and ensuring the availability of high quality seeds and new varieties.
These steps can accelerate the growth in the country.
Conclusion:
We can conclude to the point that the authority have been created with the purpose to register new plant varieties and recognizing, protecting rights, maintaining national register of plant varieties and maintaining national gene bank. Documentation, indexing and cataloguing of the varieties are also performed by the authority.
References:
- The article is originally published on the website of Department of Biotechnology, link for the same is herein: https://www.google.com/search?q=role+of+authorities+in+plant+variety+protection&sca_esv=585026838&ei=6IBgZfKgI8uZseMPy5iz6Ak&ved=0ahUKEwjytPO3vNyCAxXLTGwGHUvMDJ0Q4dUDCBA&uact=5&oq=role+of+authorities+in+plant+variety+protection&gs_lp=Egxnd3Mtd2l6LXNlcnAiL3JvbGUgb2YgYXV0aG9yaXRpZXMgaW4gcGxhbnQgdmFyaWV0eSBwcm90ZWN0aW9uMgUQIRigATIFECEYoAEyBRAhGKABMgUQIRigATIIECEYFhgeGB1ImUlQljdYyDxwAXgBkAEAmAH_AqABvAyqAQUyLTEuNLgBA8gBAPgBAcICChAAGEcY1gQYsAPCAgcQIRigARgKwgIEECEYFeIDBBgAIEGIBgGQBgg&sclient=gws-wiz-serp
- The article is originally published on the website of Protection of plant variety and farmers right authority, the link for the same is herein: https://plantauthority.gov.in/ .