The Central Government hereby makes the following further amendment in the notification protection of Plant Varieties and Farmers Right

## Policy Analysis Report: Amendment to S.O. 1536E Regarding Plant Variety Protection **1. Executive Summary:** This report analyzes an amendment to the Government of India's Notification S.O. 1536E, dated May 12, 2017, concerning the Protection of Plant Varieties and Farmers' Rights Act, 2001. The amendment, published as S.O. 5402(E) on November 18, 2022, adds six new plant varieties to the table within the original notification, specifically relating to Horse gram, Gerbera, Coffee, Flue-Cured Virginia (FCV) and bidi tobaccos, Moth bean and Cluster bean. This amendment expands the scope of plant varieties eligible for protection under the Act, potentially impacting breeders, farmers, and other stakeholders in the agricultural industry related to these crops. **2. Introduction:** This report aims to provide a comprehensive overview and analysis of the amendment published as S.O. 5402(E) on November 18, 2022, to the Government of India's Notification S.O. 1536E, dated May 12, 2017. The analysis is based solely on the information provided in the given text of the amendment. **3. Policy Overview:** * **Original Policy Being Amended:** Government of India Notification S.O. 1536E, dated May 12, 2017, regarding the Protection of Plant Varieties and Farmers' Rights Act, 2001. * **Core Objective(s) (Inferred):** The amendment indicates an effort to broaden the scope of plant varieties eligible for protection under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. **4. Background and Rationale:** The amendment's rationale is likely driven by a need to extend intellectual property rights and protection to a broader range of plant varieties. By including Horse gram, Gerbera, Coffee, FCV and bidi tobaccos, Moth bean and Cluster bean, the government potentially aims to incentivize innovation in the breeding and cultivation of these crops. This action could be in response to industry demand, recognition of the economic importance of these crops, or a strategic effort to promote agricultural diversification and competitiveness. **5. Key Provisions / Changes:** This amendment specifically adds new entries to a table within the original S.O. 1536E notification. * **Specific Part of Original Policy Changed:** The "Table" within notification S.O. 1536E. * **New Rule/Provision:** The amendment introduces the following six new plant varieties to the table, including their common names, local names, and scientific names: * 157: Horse gram (Kulthi Dal, Macrotyloma uniflorum Lam Verdc.) * 158: Gerbera (Gerbera, Gerbera jamesonii Adlem ex. Hooker f.) * 159: Coffee (Coffee, Coffea arabica L. Coffea canephora Pierre ex A. Froehner) * 160: Flue-Cured Virginia FCV and bidi tobaccos (Tobacco, Nicotiana tabacum L.) * 161: Moth bean (Moth bean, Moth dal Vigna aconitifolia Jacq. Marechal.) * 162: Cluster bean (Cluster bean, Gavaraphali Cyamopsis tetragonaloba L. Taub) * **Difference/Effect of Change:** By adding these varieties to the table, they become eligible for protection under the Protection of Plant Varieties and Farmers' Rights Act, 2001. This means that breeders of these varieties can now apply for Plant Breeders' Rights (PBRs), granting them exclusive rights over their varieties. **6. Target Audience and Stakeholders:** The primary target audience and stakeholders directly affected by this amendment include: * **Plant Breeders:** Breeders working on Horse gram, Gerbera, Coffee, FCV and bidi tobaccos, Moth bean and Cluster bean can now seek protection for their new varieties. * **Farmers:** Farmers cultivating these crops may be affected by the introduction of PBRs, potentially impacting their access to seeds and planting material. * **Agricultural Industry:** Companies involved in the production, processing, and marketing of these crops may also be impacted by the amendment. * **Seed Companies:** Seed companies producing and distributing seeds of the listed crops. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Department of Agriculture and Farmers Welfare, Ministry of Agriculture and Farmers Welfare, is the responsible body, as indicated by the notification. Pankaj Yadav, Jt. Secy., is named within the notification. * **Timelines/Procedures:** The text does not specify any timelines or procedures related to the implementation of this amendment. Existing procedures under the Protection of Plant Varieties and Farmers' Rights Act, 2001, and its associated regulations will likely apply. Implementation procedures, such as application and evaluation processes, are governed by existing regulations associated with the principal act. * **Amendment Specifics:** This specific change is implemented through the official gazette notification. **8. Expected Outcomes / Impact of Changes:** The intended outcome of this amendment is likely to: * **Incentivize Plant Breeding:** Encourage investment and innovation in the breeding of these crops by providing intellectual property protection. * **Promote Crop Improvement:** Lead to the development of improved varieties with desirable traits such as higher yield, disease resistance, or improved quality. * **Increase Competitiveness:** Enhance the competitiveness of the Indian agricultural sector by promoting the development and adoption of superior plant varieties. * **Clarify Rights:** Provide clarity regarding the protection status of these specified plant varieties. **9. Conclusion:** The amendment S.O. 5402(E) expands the scope of the Protection of Plant Varieties and Farmers' Rights Act, 2001, by adding six new plant varieties to the protected list. This change is significant as it allows breeders of these crops to seek Plant Breeders' Rights, potentially driving innovation and improvement in these crops. Affected industries should familiarize themselves with the details of the act and any associated regulations to understand their rights and obligations. The amendment demonstrates the government's commitment to fostering agricultural development and protecting intellectual property in the plant breeding sector.

Key Entities Referenced