Protection of plant variety and farmer's right act 2001
1. PROTECTION OF PLANT VARIETY AND FARMERâS
RIGHTS ACT 2001
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
By
PREETHI NARAYANAN
Junior Associate
Patent Department
2. OBJECTIVES OF THE ACT
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
âą To provide for the establishment of an effective
system for protection of plant varieties
âą To provide for the rights of farmers and plant
breeders
âą To stimulate investment for research and
development and to facilitate growth of the seed
industry
âą To ensure availability of high quality seeds and
planting materials of improved varieties to farmers
3. PLANT VARIETIES REGISTERED UNDER THE ACT
UNDER SEC-15
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
1. A new variety if it conforms to the criteria of
novelty, distinctiveness, uniformity and stability
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
2. An extant variety if it conforms to criteria of
distinctiveness, uniformity and stability
4. DEFINITIONS AS PER THE ACT, 2001
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Under sec 2(l)
âFarmers varietyâ means a variety which1. Has been traditionally cultivated and evolved by
the farmers in their fields; or
2. Is a wild relative or land race of a variety about
which the farmers posses the common
knowledge
5. ---- CONTINUED
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Under sec 2(j) âExtant Varietyâ means a variety,
which isï¶ Notified under section 5 of the seeds Act, 1996 (54
of 1966);
ï¶ A farmers variety
ï¶ A variety about which there is common knowledge
ï¶ Any other variety which is in the public domain
Under sec 2(i) âEssentially Derived Varietyâ
- a variety predominantly derived from another variety
- Conforms to initial variety in all aspects except for
differences which result from act of derivation
- Yet is clearly distinguishable from such variety
6. ELIGIBILITY CRITERIA FOR REGISTRATION UNDER
THE ACT UNDER SEC-15 3 (A)
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Novel
: at the date of filing of application for registration
for protection, the propagating or harvested material
of such a variety has not been sold, disposed of by or
with consent of breeder or his successor for the
purpose of exploitation of such variety. India-earlier
than 1 year. Outside India- trees or vines: earlier
than 6 or 4 years
Distinct
: if it is clearly distinguishable by at least one
essential characteristic from any other variety whose
existence is a matter of common knowledge in any
country at the time of filing of application
7. --- CONTINUED
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
Uniform
: If subject to the variation that may be
expected from the particular features of its
propagation, it is sufficiently uniform in its
essential characteristics
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Stable
: If its essential characteristics remain
unchanged after repeated propagation or, in the
case of a particular cycle of propagation, at the end
of each such cycle
8. UNIQUE ASPECT
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
It confers three concurrent rights:
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
âą To breeders
âą To farmers
âą To researchers
9. BREEDERSâ RIGHTS
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The certificate of registration for a variety issued under
this Act shall confer an exclusive right on the breeder
or his successor or his agent or licensee, to produce,
sell, market, distribute, import or export of the variety
[section 28 (1)]
10. RESEARCHERS RIGHTS
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The researchers have been provided access to
protected varieties for bonofide research purposes
[sec 30]
It states that:
- registered varieties can be used for research or
experiments
- use of registered variety as initial variety for
purpose of creating other varieties with the
authorization of breeder where the repeated use as
parental line is necessary
11. FARMERSâ RIGHTS
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The farmersâ rights of the Act define the privilege of
farmers and their right to protect varieties
developed or conserved by them [chapter VI]
It states that:
-They can save, use, sow, resow, exchange,
share and sell farm produce of a protected variety
except sale under a commercial marketing
arrangement (branded seeds) [section 39 (1), (i)(iv)]
- Protected against infringement [section 42
(1)]
12. DUS TEST FOR REGISTRATION OF CROPS
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
The office of registrar accept applications for
registration of 12 crops:
Rice, lentil, maize, green gram, kidney bean,
black gram, chickpea, pearl millet, pigeon pea,
sorghum, field pea, bread wheat
DUS (distinctiveness Uniformity and Stability) test
guidelines have been finalized for these notified
crop species
13. TOTAL SPECIES FOR REGISTRATION
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
âą There are a total of 21 species at present that could
be registered which are broadly divided into three
categories
-Pulses
-coarse cereals
-Oil seeds
âą Other new species for which approval is awaited
22 species such as
- 8 vegetable crops
- 1 fruit: mango
- 1 flower plant: Rose
- 10 oil seed crops
14. TERM OF PROTECTION UNDER
SEC-24 (6)
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
âą Trees and vines â 18 years from registration
âą Extant varieties â 15 years from the date of
notification of that variety by the central
government under section 5 of the seeds act, 1966
âą Others- 15 years from the date of registration of
variety
15. PLANT VARIETIES
UNDER THIS ACT
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
WHICH
CANNOT
BE
PROTECTED
A plant variety which is (SEC â 15(4)):
not capable of identifying such variety
Consists solely of figures
Is liable to mislead or to cause confusion concerning the
characteristics, value, identify of such variety, or the identity
of breeder of such variety
is likely to deceive the public or cause confusion regarding
identity
is comprised of nay matter likely to hurt the religious
sentiments respectively of any class section of the citizens of
India
Is prohibited for use
Is comprised of solely or partly of geographical name
16. PERSONS WHO CAN APPLY
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
ïŒ Any person claiming to be the breeder of variety or
any successor of breeder of variety
ïŒ Any person being the assignee of breeder of the
variety
ïŒ Any farmer or group of farmers or community of
farmers claiming to be breeder of variety
ïŒ Any person authorized in the prescribed manner by
persons mentioned above
ïŒ Any university or publicly funded agricultural
institution claiming to be breeder of the variety
17. REGISTRATION
CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Any person as described under sec 16 of the Act, can
apply for the registration of a new variety either
directly or through their agents.
The office of registrar, Protection of plant varieties
and Farmersâ Rights Authority is the appropriate
office for filing the application in India
-applicant can file a completely filled application
with registrar for any variety of such genera and
species as specified
-can also made available such quality of seeds of
variety for registration along prescribed fee
18. CHENNAI
3rd Floor, âCreative Enclaveâ,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 â 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
Thank you