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Varietal Development And Plant Variety Protection
1.1 - The development
of new and improved varieties of plants and availability of such
varieties to Indian farmers is of crucial importance for a sustained
increase in agricultural productivity.
1.1.1
- Appropriate policy framework and programmatic interventions will
be adopted to stimulate varietal development in tune with market trends,
scientific-technological advances, suitability for biotic and abiotic
stresses, locational adaptability and farmers' needs.
1.2 - An effective
sui generis system for intellectual property protection will be
implemented to stimulate investment in research and development of new
plant varieties and to facilitate the growth of the Seed Industry in the
country.
1.2.1
- A Plant Varieties & Farmers' Rights Protection (PVP)
Authority will be established which will undertake registration of
extant and new plant varieties through the Plant Varieties Registry on
the basis of varietal characteristics.
1.2.2 - The registration of new plant varieties by the PVP
Authority will be based on the criteria of novelty, distinctiveness,
uniformity and stability.
1.2.3 - The criteria of distinctiveness, uniformity and
stability could be relaxed for registration of extant varieties, which
will be done within a specified period to be decided by the PVP
Authority.
1.2.4 - Registration of all plant genera or species as notified
by the Authority will be done in a phased manner.
1.2.5 - The PVP Authority will develop characterisation and
documentation of plant varieties registered under the PVP Act and
cataloguing facilities for all varieties of plants.
1.3 - The rights of
farmers to save, use, exchange, share or sell farm produce of all
varieties will be protected, with the proviso that farmers shall not be
entitled to sell branded seed of a protected variety under the brand
name.
1.4 - The rights of researchers to use the seed/planting
material of protected varieties for bonafide research and breeding of
new plant varieties will be ensured.
1.5 - Equitable sharing of benefit arising out of the use of
plant genetic resources that may accrue to a breeder from
commercialisation of seeds/planting materials of a new variety, will be
provided.
1.6 - Farmers/groups of farmers/village communities will be
rewarded suitably for their significant contribution in evolution of a
plant variety subject to registration. The contribution of traditional
knowledge in agriculture needs to be highlighted through suitable
mechanisms and incentives.
1.7 - A National Gene Fund will be established for
implementation of the benefit sharing arrangement, and payment of
compensation to village communities for their contribution to the
development and conservation of plant genetic resources and also to
promote conservation and sustainable use of genetic resources. Suitable
systems will be worked out to identify the contributions from
traditional knowledge and heritage.
1.8 - Plant Genetic Resources for Food and Agriculture Crops
will be permitted to be accessed by Research Organisations and Seed
Companies from public collections as per the provisions of the 'Material
Transfer Agreement' of the International Treaty on Plant Genetic
Resources and the Biological Diversity Bill.
1.9 - Regular interaction amongst the Private and Public
Researchers, Seed Companies/Organisations and Development Agencies will
be fostered to develop and promote growth of a healthy seed industry in
the country.
1.10 - To keep abreast of global developments in the field of
Plant Variety Protection and for technical collaboration, India may
consider joining Regional and International Organisations.
1.11 - The PVP Authority may, if required, resort to compulsory
licensing of a protected variety in public interest on the ground that
requirements of the farming community for seeds and propagating material
of a variety are not being met or that the production of the seeds or
planting material of the protected variety is not being facilitated to
the fullest possible extent.
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