REGISTERABLE PLANT VARIETIES (slide no.8) (i) NEW VARIETY is a variety which is not in public domain > In India earlier than 1 year before the date of filling the application; > outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years. (ii) EXTANT VARIETY is a Variety available in India which is - > Notified under section 5 of the Seeds Act, 1996; or > A Farmers variety > A variety about which there is common knowledge (iii) FARMERS VARIETY is a variety which- > Has been traditionally cultivated and evolved by the farmers in their fields; > Is a wild relative or land race of a variety about which the farmers possess the common knowledge. (iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it - > Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety; > Is clearly distinguishable from initial variety. TEST TO BE CONDUCTED (slide no.12) Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations. The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection. The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness. Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified. The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.

1. PROTECTION OF PLANT
VARIETIES AND FARMERS
RIGHT ACT 2001
BY
D.N.MADHUSHREE
AMITY INSTITUTE OF
ORGANIC AGRICULTURE
VII SEMESTER
1

2. INTRODUCTION
• The Protection of Plant Variety and Farmers
Rights Act was enacted in India in 2001
• The act has come into force on 30.10.2005
through Authority.
• Department of Agriculture and Cooperation is
the administrative ministry looking after its
registration and other matters.
2

3. OBJECTIVES OF THE PPV&FR ACT
• To establish an Effective system for the protection of
plant varieties, the rights of farmers & plant breeders
• Encourage the development of new plant varieties
• Recognize and protect the rights of farmers in respect
to their Contributions made at any time in:–
(i) conserving
(ii) Improving &
(iii) making available of plant genetic resources
• Stimulate investment for research and development
• Facilitate the growth of seed industry 3

4. WHAT IS PLANT VARIETY
• A plant variety represents a more precisely
defined group of plants, selected from within
a species, with a common set of
characteristics.
4

5. NEED FOR PROTECTION OF PLANT
VARIETIES
Plant breeding is
long & expensive
Plant varieties can
be easily & quickly
reproduced
Breeders need
protection to
recover investment
Fro safe guarding
farmers variety
from piracy
For harnessing
commercial
potential of
farmers variety
5

6. DIFFERENCE BETWEEN PATENT
AND PPV&FR ACT
• Patent :–
(i) IPR over devices of Industrial applications
(ii) A set of exclusive rights granted by a state (national
govt.) to an inventor for a limited period of time in
exchange for the public disclosure of an invention.
• PPV&FR ACT :–
(i) IPR to plant breeders who have bred or developed
plant varieties.
6

7. REGISTRATION OF PLANT VARITIES
Who can apply for the registration of a plant
variety ?
(i) Any person claiming to be a breeder of the
variety
(ii) any farmer or group of farmers or community
of farmers
(iii) Any university or publicly funded agricultural
institution.
7

8. REGISTERABLE PLANT VARIETIES
IN INDIA
8
New
Variety
Extant
Variety
Farmers
Variety
Essentially
Derived
Variety

9. Criteria for Registration
Novelty
Formalities
and Payment
of Fees
Variety
Denomination
“DUS”
Distinctness + Uniformity + Stability
9

10. NON- REGISTERABLE PLANT VARITIES
(i) Liable to mislead or cause confusion
concerning the characteristics, value identity
of such variety;
(ii) Likely to deceive the public or cause
confusion in the public regarding the identity
of such variety;
(iii)Is likely to hurt the religious sentiments of
any class or section of the citizens if India.
10

11. FEES FOR REGISTRATION
S. No. Types of Variety Fees for
Registration
1. Extant Variety Rs. 2,000/-
2. New variety/ Essentially Derived
Variety
Individual Rs.
7,000/-
Educational Rs.
10,000/-
Commercial Rs.
50,000/-
3. Farmer Variety NO FEE
11

12. TEST TO BE CONDUCTED
• Submission - Seeds + Application
• DUS test:-
(i) Field and multi-location – 2 similar crop
seasons.
(ii) Conducted on a minimum of 2 locations
DUS test
centre
National Gene
Bank
12

13. ADVERTISEMENT OF APPLICATION
• Advertising (application + specifications of the
variety + photographs or drawings) in the
prescribed manner calling objections from
persons interested in the matter.
• Any person within 3 months from the date of
advertisement of an application – can give notice
in writing.
• Opposition to the registration may be made on
any of the following grounds, namely:-
(a) not in public interest; or
(b) have adverse effect on the environment.
13

14. ISSUE OF CERTIFICATE OF
REGISTRATION
• Validation :-
In case of trees and vines – 9years
In case of other crops – 6years
• PAYMENT OF ANNUAL FEE OF REGISTRATION :-
On the basis of benefit gained by such breeder,
agent, or licensee, as the case may be, in respect
of the variety.
• Breeder to deposit seeds or propagating material
14

15. NATIONAL GENE BANK
• To store seed material
including parental lines
under low temperature
Conditions at 4⁰c for the
entire registration period.
• Used for dispute
Settlement.
• Dissuade market
malpractices or violation.
15

16. RIGHTS UNDER THIS ACT
Farmers Rights
• Save, use , sow , re-sow, exchange,
Share or sell his farm produceEntitled to
• Failure of expected performance of a
registered variety
Compensation
for
• Innocent infringement
Protection
against
• Payment of DUS test feeExemption from
16

17. Contd.
Breeders Rights
Rights to sell, market, distribute,
import or export the potential
variety.
Researchers Rights
• Use of any registered variety for conducting
experiment or research,
• Use of any initial variety for the purpose of
developing another variety.
17

18. BENEFIT SHARING
Based on the following:
• The extent & nature of the use of
genetic material of the claimant;
• The commercial utility & demand
in the market of the variety.
But such claim shall only be
Submitted by any:-
• Person or group of persons constituting
is a citizen of India;
• Firm or govt. or non-govt. organizations,
formed or established in India.
18

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