LAW OF ENGINEERING

1. A presentation by
Vamsi
PLANT VARIETIES PROTECTION ACT AND LAWS……….

2. Plant variety is a legal term,
following the International Union
for the Protection of New Varieties
of plants (UPOV) Convention.

3. A variety is a plant grouping within a single
botanical taxon of the lowest known rank, defined
by the expression of the characteristics resulting
from a given genotype or combination of genotypes.
The variety should be distinguished from other
plant grouping by expression and should be
considered as a unit with regard to its suitability
for being propagated unchanged.
PLANT VARIETY :

4. PURPOSE OF PLANT VARIETY ACT :
Plant variety protection provides legal
protection of a plant variety to a breeder in the form
of Plant breeders rights.
Plant Breeder's Rights
are intellectual property rights that
provide exclusive rights to a breeder
of the registered variety.

5. Attempt by the Indian Government to recognize and
protect the rights of both commercial plant
breeders and farmers in respect of their
contribution made in conserving, improving and
making available plant genetic resources for
development of new plant varieties and to
encourage the development of new plant varieties.
PLANT VARIETY ACT : (INDIA)

6. Protection of the plant varieties under the Act
accelerates agricultural development and
stimulates investment for research and
development for the development, of new plant
varieties which in turn facilities the growth of the
seed industry and ensures the availability of high
quality seeds and plant in material to the
farmers.

7. DISTINCT :
Clearly distinguishable by at least one essential characteristic from existing or commonly known
varieties in any country at the time of filing of the application.
UNIFORM :
Sufficiently uniform in its essential characteristics.
STABLE :
essential characteristics stable after repeated propagation or case of a particular cycle of
propagation, at the end of each cycle.
Criteria for Registration of Variety

8. Registrable Plant Varieties in India
New Varieties :
Not in public domain
Extant Variety :
In public domain
Farmers Variety :
Traditionally cultivated and evolved by the farmers
in their fields.

9. Essentially Derived Variety (EDV)
Result from the genotype or combination of
genotypes of initial varieties and is clearly
distinguishable from such initial variety; and
Conforms (essential characteristics).

10. Non Registrable Plant Varieties in
India
1.exploitation are harmful to
ecosystem
2.not notified in official gazette
3.Genetic use restriction technology
(GURT) & terminator technology.
Farmers Rights
Researcher’s
Rights
Breeder’s Rights

12. 1. Assign a single and distinct denomination.
2. By affidavit swear that such variety does not contain any terminator
technology.
3. Contain passport data of parental lines.
4. State the geographical location in India from where genetic material
has been taken. Disclose the use of genetic materialconserved by any
tribal/rural families for improvement of such variety.
5. Statement about its novelty, distinctiveness, uniformity and stability.
6. Be accompanied with prescribed fees.
7. A declaration that genetic material used for developing new variety
as been lawfully acquired.
8. Provide seed samples or propagating material including parental
lines seed of registered variety to authority.
Prerequisites for Registration

13. Guidelines for submission of application
1. Every application shall be filed in the office of registrar & must be signed by
applicant or their representative.
2. Every application must have the name of applicant, their address & nationality
as well as address of service of their agent.
3. A person can file up to maximum of three application per day.
4. Application will be received on “first come first serve basis”.
5. On successful submission of application the applicant will receive an
acknowledgement slip.
6. After submission of application it will be processed according to provision of
rule 29 of PPVFR rules.
7. After depositing stipulated DUS tests fee office shall issue receipt no. which
shall be used for all future references.

14. Who can file???
 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 the breeder of the variety;
 Any person authorized to make application on behalf of
farmers;
 Any university or publicly funded agricultural
institution claiming to the breeder of the variety.

15. Duration of Protection
 Trees and Vines: 18 Years
 4 Other crops: 15 Years.
 Extant Varieties: 15 Years from
the date of notification of
that variety by the Central
Government under Seed Act,
1966.

16. Thanks for watching my Presentation

17. THE END