Section 29 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)Notwithstanding anything contained in this Act, no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment.
- (2)The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers varieties under this Act.
- (3)Notwithstanding anything contained under sub-section (2) and sub-sections (1) and (2) of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this Act. . Explanation.--For the purposes of this sub-section, the expression "any technology" includes genetic use restriction technology and terminator technology.
- (4)The Central Government shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest.
- (5)Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible for any protection under this Act.
Summary
- Registration of a plant variety is barred if preventing its commercial exploitation is necessary to protect public order, public morality, or human, animal, and plant life and health.
- Registration is also barred if it is necessary to avoid serious prejudice to the environment.
- The Central Government must notify the specific plant genera or species that are eligible for registration under the Act, excluding extant and farmers' varieties.
- Any variety of a genus or species which involves technology injurious to the life or health of humans, animals, or plants, such as terminator technology, cannot be registered.
- The Central Government can only delete a genus or species from the registration list in the public interest.
- Any variety belonging to an excluded genus or species is completely ineligible for protection.
Practical examples
FAQ
1. On what grounds can a variety be excluded from registration under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, registration is denied if commercial exploitation needs to be prevented to protect public order, public morality, human, animal, and plant life or health, or to avoid serious damage to the environment.
2. Is terminator technology allowed under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
No, Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, explicitly prohibits the registration of any variety that involves technology injurious to life or health, including genetic use restriction technology and terminator technology.
3. Who decides which plant genera and species are eligible for registration under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Central Government specifies the eligible genera or species by publishing a notification in the Official Gazette.
4. Under what circumstances can the Central Government delete a genus or species from the registered list under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Central Government cannot delete any genus or species from the list of specified eligible genera or species except in the public interest.
Test yourself
Q1.Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is explicitly defined in the explanation as an excluded technology that cannot be registered?
Q2.Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, on what sole ground can the Central Government delete a genus or species from the notification list?
Q3.Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which types of varieties are exempt from the Central Government's notification specifying eligible genera or species?
Q4.Under Section 29 of the Protection of Plant Varieties and Farmers Rights Act, 2001, registration of a variety is barred if it is necessary to prevent commercial exploitation to protect which of the following?