P lant Variety Protection
Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights. Plant Breeder’s Rights (PBRs) are intellectual property rights that provide exclusive rights to a breeder of the registered variety. In India, the Plant Variety Protection and Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for protection of plant varieties and the rights of plant breeders and farmers. A new variety shall be registered under PPVFR Act, 2001 if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. Types of plant varieties can be registered under PPVFR Act, 2001 are new varieties, extant variety, Farmers’ variety & essentially derived variety
To eligible for protection, the plant variety must be:
- Distinct: a variety should be 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: a variety must be sufficiently uniform in its essential characteristics.
- Stable: essential characteristics of a variety must be stable after repeated propagation or in the case of a particular cycle of propagation, at the end of each cycle.
A new variety shall not be registered under this Act if the denomination given to such variety is not capable of identifying such variety; or consists solely of figures; or is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this Act; or is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or is likely to hurt the religious sentiments respectively of any class or section of the citizens of India; or is prohibited for use as a name or emblem for any of the purposes mentioned in section 3 of the Emblems and Names (Protection of Improper Use) Act, 1950 (52 of 1950); or is comprised of solely or partly of geographical name: Provided that the Registrar may register a variety, the denomination of which comprises solely or partly of a geographical name, if he considers that the use of such denomination in respect of such variety is an honest use under the circumstances of the case.
Tenure for Protection of registered Plant variety • Trees and vines – 18 years. • Other crops – 15 years. • Extant varieties – 15 years from the date of notification of that variety by the Central Government under Seed Act, 1966.
BENEFITS TO PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS
- Breeders will have exclusive rights to produce, sell, market, distribute, import or export the protected variety.
- Breeder can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.
- Farmers to get compensations if an EDV (Essentially Derived Variety) does not perform properly;
- Right claim compensation for contribution
- Protect available for innocent infringement