Section 51 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)The Authority shall, while determining the terms and conditions of a compulsory licence under the provisions of this Chapter, endeavour to secure--
- (i)reasonable compensation to the breeder of the variety relating to the compulsory licence having regard to the nature of the variety, the expenditure incurred by such breeder in breeding the variety or for developing it, and other relevant factors;
- (ii)that the compulsory licensee of such variety possesses the adequate means to provide to the farmers, the seeds or other propagating material of such variety timely and at reasonable market price.
- (2)No compulsory licence granted by the Authority shall authorise the licensee to import the variety relating to such licence or any seed or other propagating material of such variety from abroad where such import would constitute an infringement of the rights of the breeder of such variety.
Summary
- This section allows community claims to be filed on behalf of any village or local community in India.
- Any person, group of persons, or organization can make a claim regarding a community's role in developing a plant variety.
- Notified centers are responsible for verifying these claims and reporting their findings to the Authority.
- The Authority can order a plant breeder to pay compensation if the community made a significant contribution.
- Any granted compensation must be deposited by the breeder into the Gene Fund.
- Compensation orders are legally treated as arrears of land revenue and can be recovered by the Authority.
Practical examples
FAQ
1. How is breeder compensation decided for compulsory licences under the Plant Varieties Act Section 51?
Under Section 51 of the Plant Varieties Act, the Authority ensures the breeder receives reasonable compensation. This is decided by considering the type of variety, the money spent by the breeder to develop it, and other relevant factors.
2. Must a compulsory licensee sell seeds at a reasonable price under the plant protection law Section 51?
Yes, under Section 51 of the plant protection law, the Authority must ensure that the compulsory licensee has the practical means to supply high-quality seeds to farmers on time and at a reasonable market price.
3. Can a compulsory licensee import seeds from other countries under the registered varieties act Section 51?
No, according to Section 51 of the registered varieties act, a compulsory licence does not give the licensee the right to import the variety or its seed from abroad if such an import would violate the breeder's registered rights.
Test yourself
Q1.Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, who is eligible to file a claim on behalf of a village or local community in India?
Q2.Under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what must a notified center do after receiving a community claim?
Q3.When the Authority decides to grant compensation under Section 41 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, how is the breeder given a fair chance to respond?
Q4.Under Section 41 and Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, how are community compensation claims financed and paid?