Protection of Plant Varieties and Farmers Rights Act,2001
53 of 2001
The following Act of Parliament received the assent of the President on October 30,2001 and was published in the Gazette of India, Extraordinary, Part II, Section 1, dated October 30,2001.
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 recognize 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, 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:-
Section 1. Short title, extent and commencement
(1) This Act may be called the Protection of Plant Varieties and Farmers’ Rights Act,2001.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.