This is a unique legislation, which,
by providing protection to plant
varieties and farmers’ and breeder’s
rights, stimulates investment in
R&D and creation of new varieties
and facilitates growth of the seed
industry
of the overriding
effect over any other
law as provided
under Section 92, the
provisions of PPVFR
Act shall prevail
over the Patents Act.
Therefore, in the light
of the exclusion of
plants, varieties and
seeds from the Patents
Act, the patentee
has the only option
of making claim for
benefit sharing under
the PPVFR Act. By
adopting the PPVFR
mechanism which
provides for a balanced
framework, clear cut
distinction can be
achieved between IPR
protection, regulatory
process for biosafety
and commercialization
of transgenic traits.
The Central
Government has
established the
PPVFR Authority for
implementation of the
PPVFR Act. In all the
proceedings before the
PPVFR Authority or
the Registrar, it has all
the powers of a civil
court for the purposes
of receiving evidence,
administering
oaths, enforcing
the attendance of
witnesses etc. The
Authority can also
recover the benefit
share from the
breeders, if required,
using Subsection
(7) of Section 26 of
the PPVFR Act as an
arrear of land revenue
by referring to the
District Magistrate
within whose local
limits of jurisdiction
the breeder liable for
such benefit sharing
resides.
Firstly, the trait
developers’ rights
are protected
under Section 26
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