The Protection of Plant Varieties and Farmers' Rights Act, 2001(PPV & FR Act)

 

Since the existing Indian Patent Act, 1970 excluded agricultural and horticultural methods of production from patentability and order to be compliant with the TRIPS agreement, the Govenment of India has adopted the sui generis system for the protection of plant varieties.Therefore, in India, plant protection is governed by the, The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV & FR Act).

The Act covers all categaries of plants, except microorganisms. The genera and species of the varieties for protection are to be notified through a Gazette. As on date, the registration is open for 12 notified crops, Rice, Lentil, Maiz, Green gram, Kidney bean, Black gram, Chick pea, Pearl millet, Pigeon pea, Sorghum, Field pea, Bread wheat. Process for 13 more crops is on the anvil.

Apart from the breeders and others involved in developing new varieties, the Act recognizes farmers too. A farmer who has 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 breeder of a variety. Similarly, a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition under this Act. Farmer shall be entitled to save, use, sow, re-sow, exchange, and share or sell his farm produce including seed of a variety protected under this Act in the same manner  as he was entitled before the comming into force of this Act provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act.

While plant variety present in wildeness can not be registered, under PPV & FR authority, any traditionally cultivated plant variety, which has undergone the process of domestication/improvement through human interventions, can be registered and protected subjected to fulfillment of the eligible criteria.

Duration of protection:

• For  trees and vines - 18 years
• For other crops - 15 years

Prerequisites for registration of a plant variety:

• Denomination assigned to such variety
• An affidevit that variety does not contain any gene of gene sequences involving termainator technology to be attached
• Complete passport data of parental lines(geographical location in india; all information relating to the contribution if any, of any farmer(s), village, community institution or organization in breeding, evolving or developing the variety)
• Characteristics of variety with description for Novelty, Distinctiveness, Uniformity and Stability(NDUS)
• Person making application for registration shall disclose the use of genetic material conserved by any trbal or rural families for improvement of such variety

Office for registration:

Protection of Plant Varieties and Farmers' Rights Authority

Government of India

Ministry of Agriculture

NASC Complex, DPS Marg

Opp: Todapur

New Delhi 110012