The Indian PPV&FR Act, 2001: Historical and Implementation Perspectives

Abstract

This paper examines the objectives of the PPV&FR Act in the light of history and current state of Indian agriculture, drawing comparisons with approaches adopted by developed countries and/or the international community in the early days of plant variety protection where relevant. The analysis has been done with a view to determining the problems faced by Indian agriculture that the government seeks to resolve with the help of the PPV&FR Act. It provides a statistical analysis of plant variety application trends under the PPV&FR Act to determine whether the Act is ‘effective’ in the light of the objectives that it seeks to accomplish as per its statement of objects and reasons. Need and suggestions to make the Indian law more effective from a national interest perspective and also strengthening India’s stand before the international community where Article 27.3(b) of the TRIPS Agreement continues to be under review are highlighted.