Protection of Plant Varieties and Farmers Rights

PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS

Pursuant to enactment of Protection of Plant Varieties and Farmer's Right Act (PPV & FR Act) in the year 2001, the Protection of Plant Varieties and Farmer's Right Authority was established in the year 2005. As per the Act, farmers and plant breeders can get crop varieties registered 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 are registered.

The PPV & FR Act provides for registration of extant varieties, which have been notified by the Government. In addition to the above, the PPV & FR Act provides for registration of farmer's variety, which is cultivated and evolved by the farmers or is a wild relative or land race about which the farmers possess the common knowledge.

The farmer's 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 PPV & FR Act.

A new variety may be registered if it satisfies the required conditions of 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 the purposes of 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 application.