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Plant Variety Protection

The Government of India states four reasons for introducing the PPVFR Act, 2001.

  • To protect the intellectual property associated with the development of plant varieties in fulfillment of an agreement signed by India under the World Trade Organization (WTO).

  • To recognize the rights of farmers arising from their contribution in conserving, improving and making available plant genetic resources to develop new plant varieties.

  • To stimulate public and private investment in plant breeding to accelerate agricultural development

  • To ensure high quality seed and planting material to farmers by promoting the seed industry.

Registration of a plant variety gives protection only in India and confers upon the rights holder, its successor, agent, or licensee the exclusive right to produce, sell, market, distribute, import, or export the variety.

CRITERIA:
New, distinctiveness, uniformity and stability.

Not registrable:

What is not Registrable

A new variety cannot be registered under a given name if the denomination given to such variety:

  • Is not capable of identifying such variety;

  • Consists solely of figures;

  • Is liable to mislead or cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety;

  • Is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under the Act;

  • Is likely to deceive the public or cause confusion in the public regarding the identity of such variety;

  • Is likely to hurt the religious sentiments respectively of any class or section of the citizens of India;

  • Is prohibited for use as a name or emblem for any purposes mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950; or

  • Is comprised of solely or partly of geographical name.

Who can Apply and What can be Registered

The application for protection under the Act can be made by any of the following persons:

  • 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 be breeder of the variety;

  • Any person authorized to apply on behalf of farmers; or

  • Any university or publicly funded agricultural institution claiming to be breeder of the variety.

Registration and Period of Protection

  • Breeder to furnish information on geographical location from where plant genetic material has been taken for development of the new variety.

  • Certificate of registration issued by the registrar will prescribe the conditions of the entitlement.

  • For new plant varieties – 15 years for annual crops and 18 years for trees and vines.

  • For extent varieties – 15 years from the date of registration / date of notification in case of varieties notified under seeds act.

  • One time renewal at the end of 6 years in case of annual crops and 9 years in case of trees and vines, on payment of prescribed fee.

  • Registration will be forfeited if the annual fee is not paid.

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