Indian Society of Genetics & Plant Breeding

Creating harmony and balance among diverse regulatory bodies for efficient use and management of genetic resources in India

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Keeping in view the rich biodiversity and importance of
agriculture in India, a sui generis system for plant variety
protection was adopted and the Protection of Plant Varieties
and Farmers’ Rights Act, 2001 was enacted. Further to
provide for conservation of biological diversity, sustainable
use of its components and fair and equitable sharing of the
benefits arising out of the use of biological resources,
knowledge, India also enacted The Biological Diversity Act,
2002. The Patents Act, 1970 under section 3(j) excludes
from patentability “plants and animals in whole or any part
thereof other than micro-organisms but including seeds,
varieties and species and essentially biological processes
for production or propagation of plants and animals”. The
Geographical Indications of Goods (Registration and
Protection), Act, 1999 is an indirect way to extend protection
to farmers varieties and traditional knowledge. Some of the
issues like the rights under one act does not gets impeded
by another act, the overlapping of clearances between
various regulatory bodies so as to make the genetic
resources more accessible for research, synergies between
regulatory bodies and related public/private sectors for
achieving various provisions of the PPV&FR Act, 2001 have
been discussed in this article.

Keywords: Plant variety protection, geographical Indications, patents, bio-diversity, plant genetic resources


Year: 2019
Volume: 79
Issue: 1, Supplement
Article DOI: 10.31742/IJGPB.79S.1.23
Print ISSN: 0019-5200
Online ISSN: 0975-6906



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