Section 43 of The Protection of Plant Varieties and Farmers Rights Act, 2001
Notwithstanding anything contained in sub-section (6) of section 23 and section 28, where an essentially derived variety is derived from a farmers' variety, the authorisation under sub-section (2) of section 28 shall not be given by the breeder of such farmers variety except with the consent of the farmers or group of farmers or community of farmers who have made contribution in the preservation or development of such variety.
Summary
- This section protects traditional farmers' varieties from being used to create derived varieties without proper consent.
- An essentially derived variety is a plant variety that is mostly created from an existing parent variety while keeping its main characteristics.
- Breeders of farmers' varieties cannot authorize someone else to develop a derived variety without getting consent.
- Consent must come from the actual farmers, groups, or communities who helped preserve or develop that original variety.
- This consent requirement overrides general breeder rights regarding authorizations found elsewhere in the Act.
Practical examples
FAQ
1. What consent is required to develop a variety derived from a farmers' variety under the 2001 Plant Varieties Act?
Under Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, any authorization to use a farmers' variety to create an essentially derived variety requires the consent of the farmers or community who preserved or developed it.
2. Does Section 43 of the Farmers' Rights Act override Section 28 breeder rights?
Yes, Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, explicitly overrides the general breeder rights under Section 28 by requiring the consent of the contributing farmers before authorization can be given.
3. Who must give consent for a variety derived from a traditional crop under the Indian plant variety protection law?
According to Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, consent must be given by the farmers, group of farmers, or community of farmers who actually contributed to preserving or developing the traditional crop variety.
Test yourself
Q1.Under Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, whose consent is mandatory before authorizing the use of a farmers' variety to create an essentially derived variety?
Q2.Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, begins with a clause that overrides which other parts of the Act?
Q3.Under Section 28 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, breeders generally have exclusive rights to authorize commercial use. How does Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, change this for farmers' varieties?
Q4.Under Section 43 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what specific type of variety's authorization is regulated when it is derived from a farmers' variety?