India is updating its laws on plant varieties and farmers’ rights. The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, created in 2001 to meet World Trade Organisation (WTO) rules, is undergoing changes. The law first came into effect in 2005 and was partially updated in 2006. It was last amended in 2021.
The main reason for these updates is to fix problems found after 20 years of using the law. Officials also want to make some parts of the law clearer. The PPV&FR Authority, set up in New Delhi in 2005, has expanded with five regional offices. This Authority gives intellectual property (IP) rights to 206 types of plant varieties.
Getting a plant variety certificate (PVC) gives the breeder exclusive rights. They can produce, sell, and export the variety for 15 years for crops and 18 years for trees. The Authority has formed a special committee to suggest changes to the Act and its rules. This committee, approved in December 2024, has 12 members. It is led by Dr. R.S. Paroda, a retired official from the Ministry of Agriculture and Farmers’ Welfare. The committee includes members from the seed industry and other interested groups.
Consultations with farmers, public sector representatives, and the seed industry have been held. These meetings, conducted online and in person, aim to gather feedback for the committee’s suggestions to the Ministry. The PPV&FR Act was originally designed to be different from global IP norms. It specifically recognises farmers as breeders and allows them to get IP rights for their own varieties. The Authority has tried to encourage more farmers to register their varieties.
However, many farmers are hesitant to register due to concerns about exclusive property rights. Some prefer to get support through non-IP methods. They believe that varieties developed over time and shared within communities should not be subject to single farmer ownership. As of October 31, 2025, the PPV&FR Authority has granted 10,018 PVCs. More than half of these, 5,038, are for farmers’ varieties (FVs).
Two important points need consideration. Firstly, all these FVs are registered under the ‘existing’ category, not ‘new’ varieties. If farmers’ research and development are not actively supported, there might be fewer new farmers’ varieties registered in the future. Secondly, farmers who get a PVC often lack support from the agricultural system to promote their local varieties. IP protection alone doesn’t guarantee market access. Varieties need to be included in official release processes, multiplication, packaging, and marketing.
With India focusing on nutritional security and climate resilience, supporting farmers’ varieties is crucial. Meanwhile, the formal seed industry remains the main provider of IP-protected varieties. Groups like the Federation of Seed Industry of India are pushing for changes that favour the industry. They want a ‘One Nation One License’ system to simplify business across different laws like the PPV&FR Act, the Seed Act, and the Biological Diversity Act.
The upcoming amendments will be a test of India’s commitment to protecting farmers’ interests in an environment where IP rights are highly valued. Balancing the needs of farmers with those of the industry will be key.
