- Shift from free exchange to conservation-focused.
- CBD's influence on plant genetic resource approach.
- India's sui generis system for plant protection.
- Act protects plant varieties, farmers, and breeders.
- Covers 199 crops, offers up to 18 years protection.
- Aimed at preserving agricultural heritage, adapting to global standards.
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TranscriptPlants serve a multitude of uses, from providing feed and fiber to their roles in medicine and various industrial applications. Historically, plant genetic resources were regarded as the 'heritage of mankind,' freely exchanged among nations without restraint. However, this perspective began to shift with increasing concerns over the conservation of biological diversity. This shift was formally recognized with the introduction of the Convention on Biological Diversity (CBD), which came into effect in nineteen ninety-three. The CBD marked a significant change in the approach to plant genetic resources, emphasizing the need for conservation and sustainable use of biological diversity.
Following the principles set by the CBD, India, as a signatory of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPs) in nineteen ninety-four, faced the requirement to provide protection for plant varieties. Given that the existing Indian Patent Act of nineteen seventy excluded agricultural and horticultural methods from patentability, India chose to adopt a sui generis system. This led to the establishment of the Protection of Plant Varieties and Farmers’ Rights Act in two thousand and one. The Act aimed to create an effective system for the protection of plant varieties, safeguard the rights of farmers and plant breeders, and encourage the development of new plant varieties.
The Act came at a crucial time, especially with the establishment of the World Trade Organization (WTO) and India's membership in it. Among its many provisions, the Act made it possible to protect indigenous scented rice varieties in West Bengal from counterfeit varieties, including those from other regions or countries and corporate seed sectors. The Act covers the registration of different types of varieties, such as Essentially Derived, Extant, New, Extant variety in common knowledge, and Farmers’ variety, across one hundred and ninety-nine crops. It offers a protection period of eighteen years for trees and vines, and fifteen years for other crops.
In West Bengal, the process of variety registration began in two thousand and seven, initiated by BCKV in collaboration with various state departments and organizations. This effort was not only about protecting the genetic diversity of local rice varieties but also about safeguarding the interests of the community and society at large. The Protection of Plant Varieties and Farmers’ Rights Act, two thousand and one, thus stands as a testament to India's commitment to preserving its agricultural heritage while adapting to global standards and agreements.
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