THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 ACT NO. 53 OF 2001
An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties;
AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders’ rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties;
AND WHEREAS such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers;
AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the protection of the rights of farmers and plant breeders;
AND WHEREAS India, having ratified the Agreement on Trade-Related Aspects of Intellectual Property Rights should, inter alia, make provision for giving effect to subparagraph (b) of paragraph 3 of article 27 in Part II of the said Agreement relating to the protection of plant varieties.