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CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties

Ramesh, a farmer in Punjab, harvested a crop from seed of a variety registered under the Protection of Plant Varieties and Farmers Rights Act, 2001. He kept part of the produce, resowed it next season and exchanged some seed with a neighbour. Is he liable for infringement?

Ramesh is not liable. The Act deems a farmer entitled to save, use, sow, resow, exchange, share or sell farm produce, including seed of a protected variety, in the same manner as before the Act. No licence or notice to the Authority is required.

  1. AYes, because resowing protected seed requires a licence from the breeder
  2. BYes, because exchanging seed with another farmer is a commercial act reserved for the breeder
  3. CNo, because a farmer may save, use, sow, resow, exchange, share or sell farm produce including seed as before the ActCorrect
  4. DNo, but only if he first notifies the Authority of the resowing

Explanation

Section 39(1)(iv) deems a farmer entitled to save, use, sow, resow, exchange, share or sell farm produce including seed of a protected variety as he could before the Act. No licence or notice is required. Options A and B wrongly treat these acts as breeder-only rights.

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