The Protection of Plant Varieties and Farmers' Rights Act, 2001

[30th October, 2001.]

An Act to provide for the establishment of an effective system for protection of plant varieties,

the rights of farmers and plant breeders and to encourage the development of new varieties of

plants.

WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of

their contribution made at any time in conserving, improving and making available plant genetic

resources for the development of new plant varieties;

AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant

breeders' rights to stimulate investment for research and development, both in the public and private

sector, for the development of new plant varieties;

AND WHEREAS such protection will facilitate the growth of the seed industry in the country which

will ensure the availability of high quality seeds and planting material to the farmers;

AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the

protection of the rights of farmers and plant breeders;

AND WHEREAS India, having ratified the Agreement on Trade Related Aspects of Intellectual

Property Rights should, inter alia, make provision for giving effect to sub-paragraph (b) of paragraph 3 of

article 27 in Part II of the said Agreement relating to protection of plant varieties.

BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:—