Benefit Sharing under The Protection of Plant Varieties and Farmers’ Rights Act, 2001: A Critical Analysis

Abstract

The concept of ‘Benefit Sharing’ is defined in clause (b) of Section 2 of The Protection of Plant Varieties and Farmers’ Rights (PPVFR), Act 2001. It is based on the model of fair and equitable sharing of benefit in relation to the plants and plant genetic resources, between breeders and farmers which precisely, means equitable sharing of profits. This sharing not only ensures equality but also confirm environmental conservation and shared heritage vis-a-vis sustainable utilization. Section 26 of The Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act, 2001 provides for the determination of benefit sharing by the PPVFR Authority, which is the chief authority established under the Act, entrusted with some of the most important functions that is, to determine, regulate and utilize fair and equitable sharing of benefit. Though, in reality the concept was so vaguely and inadequately drafted that it collapsed and failed to attain its normative promise. Statutory and procedural ambiguities resulted in poor implementation of the provisions. One another reason behind the inability to access is lack of awareness about the subsistence of right to claim benefit sharing among farmers and local communities has contributed in failure. This is further broader because of the subsistence of wider discretionary powers in the hands of PPVFR Authority. Poor governance and lack of institutional support diluted the essence of benefit sharing and made it further ineffective. Hence, for effective implementation of benefit sharing there is a need to redraft the provisions and make it simple and comprehendible by an ordinary person. Awareness and training camps should also be organized. Some policy framework should be adopted for determining the claims.

The objective of this research paper is to investigates the rationale for recognizing and appreciating the concept of benefit sharing under the provision of PPVFR Act, 2001. It will also elucidate the statutory provisions dealing with benefit sharing under the enactment, suggest reforms for further strengthening and accessing benefit sharing for ensuring sustainability.