What Changes Are Planned for the Plant Variety Act?

context:

• The Union government has proposed amendments to the Protection of Plant Varieties and Farmers’ Rights (PPV&FRA) Act, 2001, nearly two decades after its enactment.

• The objective is to modernise plant variety regulation, address technological and scientific advancements, safeguard farmers’ rights, and prevent monopolisation of seeds under the Intellectual Property Rights (IPR) framework.

Key Highlights:

Policy Announcement and Consultative Process

• The Union Agriculture Minister announced plans to amend the PPV&FRA Act.

• A committee chaired by R.S. Paroda has initiated stakeholder consultations, involving:

  • Farmers’ groups

  • Scientists

  • Seed companies

  • Civil society organisations

Redefinition of ‘Variety’ and ‘Variety Needs’

• Proposals seek to align the Act with the Draft Seeds Bill, 2019.

• The definition of ‘variety needs’ may be expanded to include a combination of genotypes, reflecting modern plant breeding techniques.

Expansion of the Definition of ‘Seed’

• The term ‘seed’ may be broadened to include:

  • Seedlings

  • Tubers, bulbs, rhizomes, roots

  • Tissue culture plantlets

  • Synthetic seeds

  • Other vegetatively propagated materials

Changes Related to Breeders and DUS Testing

• The definition of ‘breeder’ may be expanded to include both:

  • Public institutions

  • Private sector seed companies

• Proposals include refining Distinctness, Uniformity and Stability (DUS) guidelines, with greater emphasis on:

  • Trait-based evaluation

  • Scientific rigour in testing

Preventing Seed Monopolisation

• Introduction of the concept of “abusive act”, penalising:

  • Production, sale, export, or import of varieties with identical or misleading denominations

• Concerns raised that:

  • Seeds undergoing DUS tests should not be registered in individual names, to prevent misuse by private entities.

Farmers’ Rights and Community Seeds

• Concerns over registration of community-developed seeds, such as njavara paddy (South India), allegedly without proper DUS testing.

• Small farmers often view seeds as shared community resources, which conflicts with:

  • Formal IPR regimes

  • Commercial seed ownership models

Global and Alternative Approaches

• Some countries are exploring open-source seed models to protect:

  • Local varieties

  • Farmers’ innovation

• While the Act provides for farmer compensation for non-performance of IP-protected seeds, clear criteria are still absent in the Rules.

Relevant Prelims Points:

• Issue: Need to modernise PPV&FRA Act while safeguarding farmers’ rights.

• Key Law: Protection of Plant Varieties and Farmers’ Rights Act, 2001.

• Core Concepts:

  • DUS Test: Determines whether a variety is Distinct, Uniform, and Stable.

  • IPR in Agriculture: Grants exclusive rights over plant varieties.

• Concerns:

  • Risk of private monopolisation of seeds

  • Weak awareness among small farmers

• Institutions Involved:

  • Ministry of Agriculture

  • PPV&FRA Authority

Relevant Mains Points:

• Conceptual Framework:

  • Balance between innovation incentives and farmers’ traditional rights.

  • Seeds as both economic goods and community resources.

• Governance and Policy Issues:

  • Over-expansion of IPR may undermine seed sovereignty.

  • Weak enforcement of farmer compensation provisions.

• Economic and Social Implications:

  • Rising input costs for farmers

  • Threat to agrobiodiversity

• Way Forward:

  • Ensure transparent and rigorous DUS testing.

  • Legally protect community and farmer-bred varieties.

  • Clearly define farmer compensation mechanisms.

  • Explore open-source and commons-based seed models.

  • Strengthen farmer awareness on techno-legal aspects of seed laws.

UPSC Relevance (GS-wise):

• GS Paper 2: Governance, policy reforms, farmers’ rights

• GS Paper 3: Agriculture, IPR, seed sector reforms

• Prelims: PPV&FRA Act, DUS test, IPR in agriculture