FAQ-PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS

Essentially Derived Varieties (EDV) means a variety which has been essentially derived from existing variety by any of the following means:

Genetic Engineering
Mutation
Tissue Culture Derived
Back Cross Derivative
Any other (Ploidy change etc.)

A variety which:

has been traditionally cultivated and evolved by the farmers in their fields.
is a wild relative or land race or a variety about which the farmers possess the common knowledge.

Application for registration of a variety can be made by:

Any person claiming to be the breeder of the variety;
Any successor of the breeder of the variety;
Any person being the assignee or the breeder of the variety in respect of the right to make such application;
Any farmer or group of farmers or community of farmers claiming to be breeder of the variety;
Any person authorized to make application on behalf of farmers; and
Any University or publicly funded agricultural institution claiming to be breeder of the variety.

The Plant variety can be registered if it fulfills the following criteria:

Distinctiveness (D)
Uniformity (U)
Stability (S)
The candidate variety must be distinguishable by at least one essential characteristics from all varieties commonly known to public in any country, uniform in expression of its essential characteristics which should not change after repeated propagation.

Objects and purposes behind plant varieties protection law is to provide a suitable system for protection of plant varieties, the rights of farmers and plant breeders, to encourage the development of new varieties of plants. It integrates:

Recognition and protection to the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new varieties;
Agricultural growth to the country;
Need to provide a protection to R&D which will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and plant material to the farmers, development of new plant varieties

The duration of protection of registered varieties is different for different type of crops which are as below:

Trees and vines – nine years from the date of registration.
For other crops – six years from the date of registration.
For extant varieties notified - 15 years from the date of notification under section 5 of the Seeds Act, 1966 Act, 1966.

Initial certificate of registration, shall be valid in the case of trees and vines for a period of nine years, in case of other crops it will be six years. This period can be renewed for an additional term which cannot exceed in case of trees and vines eighteen years from the date of registration, fifteen years in case of other varieties.

The owner of the protected plant variety has the following rights to:

Produce the protected variety
Sell the variety
Market the variety
Distribute the variety
Import the variety
Export the variety