Pursuant to the enactment of the Protection of Plant Varieties and Farmer’s Rights Act (PPV & FR Act) in 2001, the Protection of Plant Varieties and Farmer’s Rights Authority was established in 2005. As per the Act, farmers and plant breeders can register crop varieties and obtain an exclusive right to produce and market said crop varieties. The term of said commercial right is 15-18 years, depending upon the kind of crop species registered.

The PPV & FR Act allows the registration of extant varieties, of which the government has been notified. In addition to the above, the PPV & FR Act provides for registration of farmer’s variety, cultivated and evolved by the farmers or is a wild relative or landrace about which the farmers possess common knowledge.

The farmer’s varieties can be registered in the name of the farmer, a group of farmers, or a community, and the farming community can benefit from the commercialization of the protected varieties and the provision of benefit sharing in the PPV & FR Act.

A new variety may be registered if it satisfies novelty, distinctiveness, uniformity and stability. A variety is not registrable if, on the date of filing of the application, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for exploitation of such variety-

In India, earlier than one year or

Outside India, in the case of trees or vines earlier than six years or

In any other case, earlier than four years before the date of filing such an application.