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ID:
105125
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| Publication |
2011.
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| Summary/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.
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| 2 |
ID:
105129
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| Publication |
2011.
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| Summary/Abstract |
Private rights in living objects have always been controversial. Agriculture provided the first wave in human civilization. Therefore, agriculture including plant breeding and agricultural methods pre-dated any form of IPR protection unlike industry and commerce. Traditionally, IPR was not applied to agriculture. In recent times, this position has changed and increasingly agriculture is seen as an industry that cannot survive without research and development and astute investments. This has made it necessary that IPR in all its forms be extended to agriculture.
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