Protection of Plant Varieties & Farmers’ Rights Authority
Indian economy is largely agriculture based where contributions of both the farmer’s communities as well as plant breeders are recognized to be very important. Farmers contribute in conserving, improving and making available plant genetic resources for developing new varieties whereas plant breeders play a pioneering role in the development of new varieties. It is therefore necessary to protect plant varieties as well as to maintain balance between farmers and plant breeders’ rights to stimulate investment in research and development of new plant varieties. As a result of compliance with TRIPS Agreement, India adopted the sui generis system and enacted the Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001 which is being implemented for registration and protection of plant varieties of notified crops, and all rewarding farmers conserves the Genome Saviour Awards.
Under PPV&FR Act, a plant variety shall be protected by registration if it is novel, distinct, uniform and stable. The certificate of registration issued by the Registrar in respect of the variety confers on the breeder or his successor, agent or licensee, an exclusive right to sell, market, distribute, import or export the variety subject to the provisions of the Act. Registration of Extant varieties, farmers’ varieties and Essentially Derived Varieties(EDV) can also be done under this Act. The duration of protection of registered varieties is different for different crops which are as: for trees and vines – 18 years; for other crops – 15 years; for extant varieties – 15 years from the date of notification of that variety by the Central Government under section 5 of the Seeds Act, 1966.
TFarmers are entitled under the Act to save, use, sow, re-sow, exchange and share or sell their farm produce including seed of a variety protected under this act in the same manner as they were entitled before the coming into force of this act provided that the farmer shall not be entitled to sell branded seed of a variety protected under the act. Farmers who have bred or developed a new variety shall be entitled for registration and other protection under PPV&FR Act, 2001 in the same manner as a formal breeder of a variety is entitled.
|1.||Application for registration of new variety, extant variety and farmer’s variety under protection of plant variety and farmers’ rights Act, 2001|
|3.||Form-PV-2-Proof of Right to make application|
*These forms have been taken from Indian Patent Office website www.ipindia.nic.in. They are published here for wider dissemination and should be used judiciously with the expert advice.