Section 48 of The Protection of Plant Varieties and Farmers Rights Act, 2001
In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section (3) of section 47, the Authority shall take into account--
- (i)the nature of the variety, the time which has elapsed since the grant of the certificate of registration of the variety, price of the seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public; and
- (ii)the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public.
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. How are public seed requirements evaluated for compulsory licensing under the Plant Varieties Act Section 48?
Under Section 48 of the Plant Varieties Act, the Authority determines if the public's requirements are satisfied by looking at the type of variety, the time passed since its registration, the price of the seed, and the actions taken by the breeder or licensee to meet public needs.
2. Does the technical skill of the applicant matter for compulsory licences under the 2001 Act Section 48?
Yes, under Section 48 of the 2001 Act, the Authority must evaluate the capacity, ability, and technical competence of the applicant to produce and market the variety before deciding to grant a compulsory licence.
3. What factors guide the public requirement assessment under the plant variety protection rules Section 48?
According to Section 48 of the plant variety protection rules, the key factors include the characteristics of the variety, how long the variety has been registered, its seed price, the breeder's supply efforts, and the applicant's technical and financial capacity to produce and sell the 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?