International Journal of Science, Engineering and TechnologyAuthors: Shraddha Sriram
Abstract: The Protection Of Plant Varieties Presents A Continuing Challenge For Intellectual Property Law, Particularly Where The Interests Of Commercial Plant Breeders Intersect With The Customary Practices And Livelihood Concerns Of Farmers. In India, The Protection Of Plant Varieties And Farmers Rights Act 2001 ( Ppfvr Act) Which Establishes A Distinctive Statutory Framework That Recognises Both Breeder’S Exclusive Rights And Farmer’S Rights. However, The Coexistence Of These Protection Raises Questions Concerning The Practical Scope Of Farmer’S Seed – Related Privileges, The Enforcement Of Plant Variety Rights, The Recognition Of Farmer’S Contributions To Genetic Resources And The Effectiveness Of Benefit Sharing Mechanisms. This paper critically examines whether the existing statutory framework achieves a substantive balance between commercial innovation and farmer’s autonomy. Adopting a doctrinal and analytical methodology, it examines relevant provisions of the PPVFR Act, its relationship with applicable international intellectual property standards and judicial developments concerning plant variety registration and farmer’s rights. The paper argues that the effectiveness of the Indian Framework must be assessed not merely by the recognition of competing rights in legislation but also by the accessibility, enforceability and practical operation of those rights. It proposes measures to improve legal clarity, procedural accessibility, benefit sharing and protection of farmers exercising statutory privileges. This study contributes to the debate on developing a plant variety protection framework that encourages agricultural innovation while preserving farmer’s livelihoods and the Public interest. In this research paper we are navigating on 6 chapters which are : Chapter 1 – The Legal and Conceptual foundations ; Chapter 2 – The Statutory Framework : India’s Perspective ; Chapter 3 – Limitations of Farmer’s & Breeder’s Rights ; Chapter 4 – Judicial Interpretations with Case Law ;; Chapter 5 – Conclusion
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