Protection of Plant Varieties and Farmers’ Rights AuthorityCentral

Section 8 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi

General functions of Authority.

(1)It shall be the duty of the Authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders.
(2)In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for--
1. (a)the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed;
2. (b)developing characterisation and documentation of varieties registered under this Act;
3. (c)documentation, indexing and cataloguing of farmers varieties;
4. (d)compulsory cataloguing facilities for all varieties of plants;
5. (e)ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed;
6. (f)collecting statistics with regard to plant varieties, including the contribution of any person at any time in the evolution or development of any plant variety, in India or in any other country, for compilation and publication;
7. (g)ensuring the maintenance of the Register.

Summary

The authority must encourage the development of new plant varieties and protect the rights of farmers and breeders.
It is responsible for registering existing plant varieties under official rules.
It must document and describe the characteristics of all registered plant varieties.
It must document, index, and catalog the varieties of plants developed by farmers.
It must ensure registered seeds are available to farmers, and it can force compulsory licensing if a breeder fails to distribute seeds.
It collects and publishes statistics about plant varieties and breeder contributions in India and other countries.
It is responsible for making sure the official National Register of Plant Varieties is maintained.

Practical examples

1Ram Singh is a traditional farmer who has saved a specific local wheat variety for decades. The plant variety protection authority catalogues and documents his variety under its special registry program to protect his traditional knowledge and rights.

2A large seed company registers a new disease-resistant rice variety but refuses to sell it at a reasonable price or in sufficient quantities. Under the plant variety protection law, the authority steps in to arrange for a compulsory license, allowing other local businesses to produce and sell the seeds to farmers who need them.

FAQ

1. What are the core duties of the Authority under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the core duties are to encourage the development of new plant varieties and to protect the rights of both farmers and breeders.

2. Can the Authority force a breeder to license a variety under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001?

Yes, under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority can provide for compulsory licensing if a breeder fails to arrange for the proper production and sale of registered seeds to farmers.

3. Does the Authority collect international statistics under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001?

Yes, under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority collects and publishes statistics regarding plant varieties and breeder contributions from both India and other countries.

4. Who is responsible for keeping the National Register under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, it is the function of the Authority to ensure the maintenance of the National Register.

Test yourself

Q1.Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is explicitly listed as a function of the Authority regarding farmers' varieties?

Q2.Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what action can the Authority take if a breeder does not arrange for the production and sale of seeds of a registered variety?

Q3.Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority is tasked with collecting and publishing statistics. These statistics can include the contributions of any person in the development of a plant variety in which geographic areas?

Q4.Under Section 8 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is a general duty of the Authority?

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