CIOPORA contributed to Recommendations for improving the Legal Framework Concerning plant breeders in India

CIOPORA, the international association representing breeders of asexually reproduced horticultural plants, has submitted a detailed set of recommendations to the Government of India. These recommendations aim to support the ongoing development and refinement of the country’s legal framework for plant variety protection.

The Plant Variety Protection and Farmers' Rights Act, 2001 (PPVFRA) of India currently regulates and protects the work and interests of plant breeders. As the Indian government considers potential amendments to this important legislation, CIOPORA appreciates the openness to dialogue and constructive input from stakeholders.

A Constructive Contribution to an Evolving System

In its submission, CIOPORA acknowledges the progress made by India in establishing a sui generis system for plant variety protection. However, the organization points to several areas where the current legal provisions could be enhanced. These enhancements would further align with international best practices and encourage continued investment in innovative plant breeding.

Key among CIOPORA’s proposals is the expansion of protectable plant species to include all genera and species. Currently, protection is available for a limited number of species. This limitation leaves breeders working with crops not yet included on the list without protection. CIOPORA notes that international collaboration, such as the use of existing DUS (Distinctness, Uniformity, and Stability) test reports from other countries, could help facilitate this expansion efficiently.

Clarifying the Role of Farmers’ Rights

Another focal point of CIOPORA’s recommendations is the scope of the so-called farmers’ rights, better known as farmers' exemption, as currently defined in the Act. While recognizing the essential role of farmers in India’s agricultural system, CIOPORA suggests deleting the farmers' exemption for vegetatively reproduced horticultural crops. The organization emphasizes that the current very broad exemption devalues the rights of breeders. It allows not only the use of self-made propagating material on the premises of farmers but also the sale of propagating material.

Protecting Innovation Throughout the Value Chain

CIOPORA also recommends that the law extend protection to harvested material, such as fruits, which often represent the primary economic value of a variety. This addition would help ensure comprehensive protection across the full lifecycle of a plant variety.

Additional suggestions include refining the definition of “essentially derived varieties” (EDVs) to align with the latest international guidance. This refinement would ensure sufficient distinctness between varieties to maintain the integrity of breeders’ rights. Moreover, considering longer protection durations for trees and vines reflects the substantial investments involved in developing these varieties.

The Importance of Collaboration

CIOPORA expresses its full support for India’s efforts to further strengthen its plant variety protection system. The organization reiterates its readiness to collaborate with Indian authorities and institutions. By working together, the goal is to build a framework that supports innovation, fosters investment, and benefits all stakeholders in the horticultural value chain.

Conclusion

In conclusion, CIOPORA's recommendations present a pathway for enhancing plant variety protection in India. By addressing the current limitations and fostering collaboration, the Indian government can create a more robust legal framework. This framework will not only protect breeders' rights but also promote agricultural innovation and sustainability.