PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS

PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS

India enacted Protection of Plant Varieties and Farmer's Right Act (PPV & FR Act) in the year 2001 and its Rules in 2003. The Protection of Plant Varieties and Farmer's Right Authority was established in the year 2005.

Registration of crop varieties under PPV & FR Act 2001 grants breeder an exclusive commercial right for a limited period of (15-18 years depending type of crop species) time and confers legal ownership on the breeder over his developed variety.

In the PPV & FR Act there is a provision of registering of extant varieties within three years from the date of its release in public. The farmers' variety can be registered within five years and new varieties can be registered within one year of its release or before the first commercialization of its propagating materials in the country of origin

Like institutional varieties, farmers' varieties can be registered in the name of farmer, a group of farmers or community and the farming community can be benefited from the commercialization of the protected varieties and benefit sharing provision in the Act.

The procedure for obtaining plant variety registration is same for Indian citizens and foreign applicants. However, foreign applicant must furnish their address for service in India while applying for plant variety registration.