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Plant variety protection is granted to plant breeders for the sake of providing commercial exclusivity and recognition for a limited period. We advise on and handle all the matters related to plant variety protection in India.
We provide services including filing and prosecution of plant varieties in India and also, cater to services related to the protection of rights of breeders as prescribed under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.
Our Attorneys represent clients before the Protection of Plant Varieties and Farmers’ Rights Authority to seek registration under the applicable laws.
The team of Technical Experts and Attorneys is committed to provide protection and commercialization strategies related to maintenance and innovation of new plant varieties.
India adopted the sui generis system by enactment of The Protection of Plant Varieties and Farmers’ Rights (PPV&FR) Act, 2001, to provide an effective and efficient system for the protection of Plant Varieties, the rights of Farmers & Breeders and to encourage the development of new varieties of plants.
The principal objectives of the PPV&FR Act, 2001 are follows:
Breeders’ 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.
The following rights vests with Researchers’ under the PPV&FR Act, 2001:
However, in case of repeated use of such variety, the authorization of the registered Breeder is required.
The following rights vest with Framers’ under the PPV&FR Act 2001:
The New Varieties, Essentially Derived Varieties (EDV), Extant Varieties and Farmer’s Varieties can be registered, provided the variety must conform to the criteria of Distinctiveness, Uniformity and Stability (DUS) and should also have a single and distinct denomination.
In accordance to the PPV&FR Act 2001, the following varieties are not registrable:
Guidelines for the Conduct of test for Distinctiveness, Uniformity and Stability (Crop Guidelines) has been issued by the PPV&FR Authority and can be accessed here.
The information with respect to the DUS Test Centres, identified by the PPV&FR Authority, can be accessed at: DUS Centres.
The certificate of registration is valid for nine years in the case of tree and vines and six years for other crops and may be renewed for remaining period on payment of prescribed fee. The total period of validity of certificate of registration would not exceed 18 years in case of trees and vines and 15 years in case of other crops, from the date of registration of the variety.
Any person within three months from the date of the advertisement of an application for registration, can file opposition to the registration of a variety, to the Registrar.
The opposition to the registration under the PPV&FR Act 2001 can be filed based on any of the following grounds:
Any person interested may file application for revocation based on the following grounds:
The content of the registration certificate are published by PPV&FR Authority and invites claim of benefit sharing to the variety. An application for benefit sharing can be made by following entities in prescribed manner along with applicable fee:
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