Plant Varieties

Protection of Plant Varieties and Farmers’ Rights Act, 2001

  • The Protection of Plant Variety and Farmers’ Rights Act was passed by the Indian Parliament in 2001.
  • Rules were notified by the Department of Agriculture (now known as Department of Agriculture and Farmers Welfare) in 2003.
  • According to Article 27.3 (b) of TRIPs Agreement
    “…members shall provide for the protection of plant varieties either by patents or an effective sui generis system or by any combination thereof”

What plant varieties can be registered in India?

  • New Variety
  • Extant Variety
  • Notified under Seeds Act, 1966
  • Farmers Variety
  • Variety of Common Knowledge
  • Essentially Derived Variety

Duration of Protection

Period of protection (in Years)

Total number of years

Initial

Extendible by

Trees & Vines

18 from date of registration

9

9

Other Crops

15 from date of registration

6

9

Extant Notified varieties

15 from date of notification of variety under the Seeds Act, 1966 by the Central Govt.

Benefits of Registration

  • Adds to the aesthetic value of a product
  • Increases marketability of a product
  • Design registration can be used in Court
  • Provides an exclusive right in the market hence establishes a better license position

Objectives of the Act

  • To provide an effective system for protection of Plant varieties and rights of farmers and plant breeders.
  • To recognize the farmers in respect of their contribution made at conserving, improving and making available plant genetic resources for development of new plant varieties.
  • To protect plant breeders’ rights to stimulate investment for R&D and develop new varieties.
  • To facilitate the growth of seed industry to ensure production and availability of high quality seed/planting material.

Protection of Plant Varieties and Farmers’ Rights Authority, India

The Protection of Plant Variety and Farmers’ Rights Act requires for establishment of an authority to be called the Protection of Plant Varieties and Farmers’ Rights Authority. The same is currently located at New Delhi.

 
Last Updated/Reviewed on Jan 11, 2018 @ 1:26 pm
WordPress Lightbox