Frequently Asked Question - Protection of Plants Varieties and Farmers Rights
Explore commonly asked questions about Plant Variety Protection and Farmers’ Rights in India, covering regulations and benefits. Get answers here.
What is a plant variety?
A Plant variety is plant grouping within a single botanical taxon of the lowest known rank which :
Irrespective of whether the conditions for the grant of a breeders right are fully met,
Can be defined by the expression of the characteristics resulting from a given genotype or a combination of genotypes distinguished from any other plant grouping by expression of at least one of the said characteristics; and considered as unit with regard to its suitability for being propagating,
Remain unchanged after such propagation, and Includes propagating material of such variety, extant variety, transgenic variety, farmers variety and essentially derived variety.
What is an Essentially Derived Varieties (EDV)?
Essentially Derived Varieties (EDV) means a variety which has been essentially derived from existing variety by any of the following means:
Genetic Engineering
Mutation
Tissue Culture Derived
Back Cross Derivative
Any other (Ploidy change etc.)
What is a Farmers' Variety ?
A variety which:
has been traditionally cultivated and evolved by the farmers in their fields.
is a wild relative or land race or a variety about which the farmers possess the common knowledge.
Who can apply for the registration of a plant variety?
Application for registration of a variety can be made by:
Any person claiming to be the breeder of the variety;
Any successor of the breeder of the variety;
Any person being the assignee or the breeder of the variety in respect of the right to make such application;
Any farmer or group of farmers or community of farmers claiming to be breeder of the variety;
Any person authorized to make application on behalf of farmers; and
Any University or publicly funded agricultural institution claiming to be breeder of the variety.
What are the criteria's for registration of Plant Variety in India?
The Plant variety can be registered if it fulfills the following criteria:
Distinctiveness (D)
Uniformity (U)
Stability (S)
The candidate variety must be distinguishable by at least one essential characteristics from all varieties commonly known to public in any country, uniform in expression of its essential characteristics which should not change after repeated propagation.
What are the objects and purposes behind plant varieties protection law?
The objects and purposes behind the plant varieties protection law are to provide a suitable system for the protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development of new varieties of plants. It integrates:
Recognition and protection of the rights of the farmers with respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new varieties;
Agricultural growth in the country;
The need to provide protection to R&D will facilitate the growth of the seed industry in the country and ensure the availability of high-quality seeds and plant material to the farmers and the development of new plant varieties.
What is the period of protection for new plant varieties?
The duration of protection of registered varieties is different for different types of crops, which are as follows:
Trees and vines – nine years from the date of registration.
For other crops, it is six years from the date of registration.
For extant varieties notified - 15 years from the date of notification under section 5 of the Seeds Act, 1966 Act, 1966.
Can the term for protection for plant varieties be extended?
The initial certificate of registration shall be valid for a period of nine years in the case of trees and vines; in the case of other crops, it will be six years. This period can be renewed for an additional term, which cannot exceed the case of trees and vines eighteen years from the date of registration and fifteen years in the case of other varieties.
What are the rights of the owner of the protected Plant Variety?
The owner of the protected plant variety has the following rights to:
Produce the protected variety.
Sell the variety.
Market the variety.
Distribute the variety.
Import the variety.
Export the variety.
Is DUS (Distinctness, Uniformity and Stability) data from foreign countries of already examined foreign variety accepted under the PPVFRA?
Only DUS data measured in India in line with Indian guidelines is accepted for registration under the PPVFRA.
Can priority be claimed for applications made in other countries if the original application was filed in India?
Priority rights can be claimed in member countries of "Convention on Biodiversity".
Disclaimer: The sole purpose of this article is for information only and not to be construed as any legal advice.