The Protection of Plant Varieties and Farmer’s Rights Act grants exclusive rights to farmers and breeders, encouraging innovation and biodiversity conservation in agriculture.
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.
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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.
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.)
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.
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.
Only DUS data measured in India in line with Indian guidelines is accepted for registration under the PPVFRA.
Priority rights can be claimed in member countries of "Convention on Biodiversity".
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.
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.)
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.
The paradigm of interface between the Intellectual Property Rights (IPRs) and Competition law is that the two legal regimes are
Patent grants exclusive invention rights to its legal owner.
Patent grants exclusive invention rights to its legal owner.
Copyright grants exclusive reproduction rights for creative works temporarily.
Designs Act, 2000: Visual features judged by an article's appearance.
PPV & FR Act established Authority in 2005 enactment.
Geographical Indications show goods' origin, qualities, and reputation.
IP Litigation resolves disputes over intellectual property rights infringement.
Patent is a statutory Intellectual Property Right which grants exclusive rights to the owner of an invention.
A trademark is a unique symbol representing goods or services, distinguishing them from others.
Copyright grants exclusive rights to reproduce, distribute, and perform creative works for a limited time.
According to the Designs Act, 2000, a design pertains to the visual features of an article judged solely by appearance.
Intellectual Property (IP) litigation involves legal disputes over patents, trademarks, copyrights, and trade secrets.
Geographical Indications denote goods' origin, showcasing qualities and reputation attributed to their specific locale.
The PPV & FR Act established the Authority in 2005, following its enactment in 2001.