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Researcher Right or Breeder Right under PPV& FR Act, 2001

PPV&FR Act, 2001, has recognized the significance of Researcher Right or Breeder Right. As one of the objectives of the PPV& FR Act is “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.

Breeder means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety under section 2(c) of the Act.

Interpretation: “Any variety” means to me is Extent variety, New variety, Farmer’s Variety and EDV variety.

Under section 30 of PPV&FR Act, Breeder or researcher shall not prevented to (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties.

Interpretation: It means to me that any person can use any registered variety for conducting research and use the registered variety for developing other varieties. This is known as researcher right or breeder right. The said act is silent about the condition, if the variety registration is applied under the Act, and final decision is pending before the authority, in that situation does the researcher right are applicable? Or in the above stated condition the unauthorized use of the same is amount to abusive Act under section 24(5) of the Act.
PPV&FR Act read as authorization of the breeder of a “registered variety” is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety.

Interpretation: It means to me that authorization is required for a registered variety only, under the act when repetitive use of parental line is necessary for commercial production, whereas if the variety is not registered or no repetitive use then authorization is not required.

Under Section13 of PPV&FR Act, Authority maintains a National Register of Plant Varieties which contained the names of all the registered plant varieties with the names and addresses of their respective breeders.

Interpretation: Its means to me this is one kind of recognition for the breeder in the National Plant Variety Register. Which may help the breeder in case any royalty & benefit sharing is provided in future.

Under section 21(3a) of the PPV&FR Act provides an opportunity of opposition to the entitled breeder of the variety against the applicant.

Interpretation: It means to me the act provide an opportunity to protect breeder’s right by legal proceedings in the Authority or in Tribunal (if the person not satisfied with the authority decision).

Please contact for further clarification, if required:

Onkar Singh
Onkar.singh9999@gmail.com
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