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Title: Implementation of Indian PPV&FR Act and Rules: Inadequacies Leading to Avoidable Litigation
Authors: Kumar, P Sateesh
Khan, S M
Hora, Manpreet
Rao, M Prabhakar
Keywords: TRIPS
PPV&FR Act
PPV&FR Authority
PVP law
Plant variety protection
New variety
Extant variety
Essentially derived variety
Farmers’ variety
Transgenic
Hybrid
DUS
Issue Date: Mar-2011
Publisher: NISCAIR-CSIR, India
Abstract: The Indian Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act is now a decade old and PPV&FR implementation implications are now clearly visible. The shortcomings and inadequacies in implementation of the Act and the Rules are a matter of grave concern to the seed industry, in particular, and Indian agriculture, in general. This needs to be addressed and resolved by the Central Government and the PPV&FR Authority in order to meet the objectives enshrined in the Act. These inadequacies are perceived in terms of slow-moving approach for database maintenance of existing varieties, notification of crop species eligible for registration, duration and effect of registration of extant notified varieties and varieties of common knowledge, ambiguity in parent line and hybrid registration under new variety and/or extant variety category, powers of the Registrar, advertisements published in Plant Variety journals, registration of transgenic varieties, parent lines etc. This paper highlights the issues that need to be resolved to avoid misuse of the Act and thereby unwarranted litigations.
Page(s): 102-106
CC License:  CC Attribution-Noncommercial-No Derivative Works 2.5 India
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.16(2) [March 2011]

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