In this paper critical analysis of the various provisions of the ‘Protection of Plant Varieties and Farmer's Rights Act, 2001’, has been made. It reflects as how this piece of legislation-the main legislative instrument in India-protects various rights of plant breeders, at the same time ignoring many other important aspects. The Act grants many traditional rights like, right to save, sow, re-sow, etc. of their farm produce. It envisages that the farmers should be treated like commercial breeders and should receive the same kind of protection for the varieties they develop. However, the farmer is not entitled to sell the ‘branded seed’ of a protected variety. Avenues for benefit sharing between commercial plant breeders and the farmers as the protectors and developers of traditional varieties on their lands is also provided. A farmer who is engaged in the conservation of genetic resources shall be entitled for recognition and reward from the Gene Bank but many provisions prove to be counter productive in the long run. There are many provisions which ultimately benefit the common heritage principle supported by the developed countries.
Indian legislation, farmers rights, breeders, Plant Varieties
