Plant Varieties

• 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”

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

• 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

• 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.

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.

• You may contact the Office here – http://plantauthority.gov.in/contact-us.htm
• Still confused? Here are some FAQs –  http://plantauthority.gov.in/faq’s.htm