B

BREEDERS

Section 28

F

FARMERS

Sections 38-46

R

RESEARCHERS

Section 30-31

Section 28 — Right of breeder

"(1) Subject to the other provisions of this Act, the certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor, his agent or licensee to produce, sell, market, distribute, import or export the variety: Provided that, in the case of an extant variety, unless a breeder establishes his right, the Central Government, and in cases where such extant variety is notified for any State or for any area thereof under section 5 of the Seeds Act, 1966, the State Government, shall be deemed to be the owner of such right. (2) The exclusive right under this section may be granted for a period of: (a) eighteen years in the case of trees and vines; (b) fifteen years in the case of extant variety; and (c) fifteen years in the case of any other plant variety, with effect from the date of registration."

1

PRODUCE

manufacture seeds

2

SELL

commercial transactions

3

MARKET

promote/advertise

4

DISTRIBUTE

supply chain control

5

IMPORT

cross-border supply

6

EXPORT

international markets

Trees and Vines

18 years from registration.

Extant Variety

15 years from registration.

Any Other Plant Variety (including new)

15 years from registration.

✅ Why 15-18 year terms

Indian PVP terms reflect: · Plant variety commercial cycle — typically 10-15 years before superseded by improved varieties. · Sufficient incentive for R&D investment. · Balance with public domain — varieties enter public domain after term. · Trees and vines longer term — reflects longer breeding cycles and slower commercial deployment. Comparison with patent term (20 years): PVP shorter because: · Plant breeding builds on prior plant material (less novel than chemical patents). · Public interest in seed access. · Farmer-friendly framework.

Section 26

"(1) On receipt of copy of the certificate of registration under sub-section (8) of section 23, the Authority shall publish such contents of the certificate as may be prescribed and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. (2) On invitation of the claims under sub-section (1), any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation shall, on behalf of any village or local community in India, file in any centre notified..."

✅ Benefit sharing — uniquely Indian

Section 26 establishes that a portion of breeder's benefits must be shared with farmer-communities who contributed to the variety's development. The mechanism: · On registration, Authority invites claims for benefit sharing. · Claims can be filed by individuals, groups, or organisations representing village/local communities. · Authority determines proportion of benefit sharing. · Funds go to National Gene Fund. This recognises that even commercial varieties often build on traditional farmer-developed germplasm, justifying compensation to source communities. Particularly relevant for varieties developed using Indian traditional varieties or land races.

Section 39(1)

"Notwithstanding anything contained in this Act,— (i) a farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this Act; (ii) the farmers' variety shall be entitled for registration if the application contains declarations as specified in clause (h) of sub-section (1) of section 18; (iii) a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund: Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act; (iv) a farmer shall be deemed to be entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act: Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act."

39(1)(i)

Farmer-bred/developed varieties entitled to registration like other breeders.

39(1)(ii)

Farmers' varieties entitled to registration with prescribed declarations.

39(1)(iii)

Conservation farmers entitled to recognition and reward from Gene Fund.

39(1)(iv)

Farmer can save, use, sow, resow, exchange, share or sell farm produce/seed of protected varieties (CANNOT sell BRANDED seed).

39(2)

Compensation to farmer for non-performance of registered variety.

✅ What "branded seed" means

Section 39(1)(iv) proviso restricts farmers from selling "branded seed". Definition under Act: "Any seed put in a package or any other container and labelled in a manner indicating that such seed is of a variety protected under the Act." This means farmers CAN: · Save seed from their harvest. · Re-sow on their own land. · Exchange with neighbours. · Sell un-branded seed (not in package with variety label). · Use farmer-saved seed for next season. Farmers CANNOT: · Sell branded seed of protected variety. · Use the breeder's denomination on packaging. · Commercially supply as "Variety X" branded product. This preserves farmer practices while protecting commercial seed market.

Section 41

"(1) Notwithstanding anything contained in this Act, no farmer shall be liable for breach or infringement of any right granted under this Act, while engaged in any activity in respect of any variety protected under this Act unless he is found to have knowingly engaged in any such activity. (2) Where, on the production of a copy of an order or judgment of any Court or Tribunal in any country, it appears to the satisfaction of the Authority that any farmer or community of farmers has been deprived of any of his or their rights as recognised under this Act for any genetic resource or any innovation, he shall, by himself or themselves through any of the agencies as may be prescribed, be entitled to claim damages..."

Section 41

Innocent infringement protection — farmer not liable unless KNOWINGLY engaged.

Section 42

Protection of farmers from claims for damages.

Section 43

No fee in proceedings before Authority/Registrar/Tribunal.

Section 44

Registration of community claims.

Section 45

Recognition for farmer/community contributions.

Section 46

Farmers' rights in case of misappropriation.

📖 PepsiCo India Holdings Pvt. Ltd. v. Kavitha Kuruganti, 2024 SCC OnLine Del 153

Background — PepsiCo had registered FC-5 potato variety under PPV&FR Act in February 2016 for 15 years. PepsiCo claimed the registration meant exclusive control over commercial cultivation and sale of FC-5 potatoes in India.

The 2019 Suit — PepsiCo sued Gujarat potato farmers for "illegally" growing FC-5 variety. Demanded ₹1.05 crore in damages from each farmer. The aggressive litigation triggered massive public backlash — farmer rights advocates, civil society, agricultural experts protested.

Withdrawal — In May 2019, PepsiCo withdrew the suit under government pressure and public outrage.

Revocation Application (2019) — Civil society activist Kavitha Kuruganti filed revocation application before PPV&FR Authority arguing: (i) PepsiCo's claims violated Section 39(1)(iv) farmers' rights. (ii) Variety was not properly novel. (iii) Registration should be revoked under Section 34.

Authority Decision (3 December 2021) — PPV&FR Authority REVOKED PepsiCo's FC-5 registration. Held: (i) Section 39(1)(iv) farmers' rights are paramount. (ii) PepsiCo's litigation against farmers was contrary to PPV&FR Act intent. (iii) Farmers' fundamental right to save, exchange, sell unbranded seed cannot be overridden.

PepsiCo Appeal (2024) — PepsiCo appealed to Delhi HC.

Delhi HC Decision — Delhi HC affirmed PPV&FR Authority's revocation. Established: (i) Farmers' rights under Section 39(1)(iv) are foundational. (ii) Breeders cannot use registration to defeat farmers' rights. (iii) Revocation appropriate where breeder misuses rights against farmers.

Significance — Watershed case establishing: (i) Section 39(1)(iv) farmers' rights are non-negotiable. (ii) Misuse of breeder rights against farmers grounds for revocation. (iii) PPV&FR Authority will protect farmers' rights vigorously. (iv) Critical precedent for global agribusiness operating in India.

Section 30 — Researcher's rights

"Nothing contained in this Act shall prevent— (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research; or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: Provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety."

✅ Researchers' rights — agricultural innovation framework

Section 30 reflects critical policy choice: · Plant breeding inherently builds on prior varieties. · Free experimental use accelerates innovation. · Public sector research (ICAR, agricultural universities) needs unrestricted access. · Private breeders also benefit from cross-pollination of ideas. · Distinguishes Indian framework from US patent restrictions. Limits: · Repeated parental use requires breeder authorisation. · Commercial production requires authorisation. · EDV framework still applies. Result: Vibrant Indian plant breeding ecosystem with both commercial and public sector activity.

✅ For breeders — eight points

Register varieties promptly to establish exclusive rights.

Document breeding history thoroughly.

Acknowledge farmers' rights in commercial agreements.

Avoid aggressive enforcement against farmers.

Comply with benefit sharing obligations.

Plan for 15-18 year commercial cycle.

For trees/vines, leverage longer 18-year term.

Coordinate with state agricultural departments for institutional support.

✅ For farmers — eight points

Document traditional varieties for potential registration.

Apply for farmers' variety registration with prescribed declarations.

Section 39(1)(iv) rights — save, use, exchange, sell unbranded seed.

Section 39(2) — compensation for non-performance.

Section 41 — innocent infringement protection.

Section 43 — no fee in PPV&FR proceedings.

Plant Genome Saviour Awards — apply for recognition and rewards.

For PepsiCo-type situations, leverage PepsiCo precedent for farmers' rights protection.

✅ For researchers — four points

Section 30(a) — free experimental use.

Section 30(b) — initial source for other varieties.

Document research purposes clearly.

For commercial parental use, obtain breeder authorisation.

🎯 EXAM POINTERS — TOPIC 83

• Section 28 — breeders' bundle of rights: produce + sell + market + distribute + import + export.
• Term: trees/vines 18 years; extant 15 years; new variety 15 years.
• Section 30 — researchers' rights: free experimental use + initial source for other varieties (proviso for repeated parental use).
• Section 39(1)(i) — farmer-bred varieties registrable.
• Section 39(1)(iii) — conservation farmers entitled to Gene Fund recognition.
• Section 39(1)(iv) — farmers' right to save, use, sow, resow, exchange, share, sell farm produce/seed (NOT branded seed).
• Section 39(2) — compensation for non-performance of registered variety.
• Section 41 — innocent infringement protection for farmers.
• Section 26 — benefit sharing requirement; National Gene Fund.
• PepsiCo v. Kavitha Kuruganti (Del HC 2024) — FC-5 potato registration revoked; farmers' rights paramount.
• Plant Genome Saviour Community Awards — recognise farmer-breeders.
• India sui generis approach distinct from UPOV — preserves farmer-breeder relationship.
• Section 43 — no fee for farmers in PPV&FR proceedings.