expert corner
“Determination of
benefit sharing by
Authority”, under
which a developer can
claim benefit sharing
on its trait used in a
plant variety. “Benefit
sharing” is legally
defined under the
PPVFR Act, unlike a
loosely used term “trait
value”.
The PPVFR act is one
of its special kind in
the world enacted
for protecting Indian
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BioVoiceNews | August 2017
interests. It is also
unique with respect
to the benefit sharing
mechanism with
power to authority to
moderate for enabling
reasonable and
affordable benefits to
all stakeholders based
on their respective
contributions.
Under Section 28
“Registration to confer
right”, breeder’s rights
(breeder definition
in the Act includes
farmer) are protected.
Under Section
30 “Researcher’s
rights”, any person
including a farmer
or a breeder can use
any variety, registered
under the PPVFR
Act, for conducting
experiment or research
or for creating new
varieties. However, if
a registered variety is
required to be used
repeatedly, as a parent
line, for commercial
production of the