PLANT VARIETY REGISTRATION IN INDIA
Plant Varieties are registered in India under the Protection of Plant Varieties and Farmers’ Right Act, 2001 (PPVFRA). The Act came into effect from December 7, 2006. PPVFR Act provides for establishment of an effective system for protection of plant varieties. It also provides for protection of the rights of farmers and plant breeders. PPVFRA, aims to encourage the development of new varieties of plants and research in Agriculture.
The Indian Plant Variety Act is a sui-generis enactment. It is unique in the world, as it not only provides for protection of breeders but also takes care of the farmers’ rights. The PPV&FR Act provides for protection of the Rights of the Communities, Researcher’s Rights, Benefit Sharing & Compulsory Licensing.
Indian Plant Variety Act also provides for constitution of a GENE Fund, which is named as the “National Gene Fund”. Authority deposits the money, royalty payable for benefit sharing, annual fee etc. in the Gene Fund.
WHO CAN MAKE AN APPLICATION FOR PLANT VARIETY REGISTRATION IN INDIA
- Any person claiming to be the breeder of the variety;
- Any successor of the breeder;
- Any person being the assignee of 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 the breeder of the variety;
- Any person authorized in the prescribed manner
- Any university or publicly funded agricultural institution claiming to be the breeder of the variety.
WHAT ARE REGISTERABLE PLANT VARIETIES IN INDIA
- Such Genera or Species, as may be specified in the Gazette from time to time;
- New Variety;
- Extant Variety (variety commercialised in India 1 year prior to application. Outside India, 6 years for trees/vines. 4 years in all other cases)
- Common Knowledge Variety;
- Notified Varieties; (Notified varieties under the Seeds Act or any Act)
- Farmer’s Variety.
How Infini Juridique can help you protect your Plant Variety in INDIA.
Infini Juridique is the only law firm in India, which has specialist lawyers for Registration of Plant Varieties. We provide services for Plant Variety registration in India and several other countries. Our Plant Variety Lawyers filed Applications in Singapore, Korea, Taiwan, China, and several other countries. For any seed industry, Infini Juridique is the most trusted law firm in India, for their variety registration matters.
Infini Juridique has been at the forefront of development of Plant Variety Law in India since its inception. It is rare to find any matter on Plant Variety, that was not handled by Infini Juridique. We have successfully handled matter related to Interim Protection and Abusive Act. Our Firm has successfully handled the issue related to extension of time for opposition, leading to amendment in the Act. Today, our attorneys are handling more than 100 opposition and other related matters at the Plant Variety Authority. We are also handling the Patentability issue of GM crop and BT Cotton matter against Monsanto for our client NSL.
Infini Juridique handles wide spectrum of clients ranging from Cotton Seeds, Food-grains, Vegetables, and Fruits. In India, Infini Juridique exclusively handles matters of Nuziveedu Seeds Limited, Prabhat Agri, Kaveri Seeds Limited, JK Agri Biotech, PAN Seeds, Asoka Seeds etc. We also handle matters of several European and African breeding and research companies. Our Firm has filed Plant Variety Applications for Foreign Companies in India and other Asian Countries. In the last 10 years, we have filed for several Apple, Strawberry, Citrus, and other Varieties for our European Clients.
APPLICATION FOR REGISTRATION SHOULD INCLUDE THE FOLLOWING:
- State the Variety for which the Application is made;
- Disclose the Denomination Assigned to the Variety;
- Contain complete passport date of the parental lines used to develop the variety;
- Brief description of the Variety and parental material including the DUS Characters;
- An Affidavit that the variety does not contain any gene or gene sequence involving terminator technology;
- Declaration that the genetic material has been acquired legally;
- Assignment from the Breeder, if the breeder is not the applicant;
- Seed/Planting material for DUS Testing
- Fee
PROCESS OF REGISTRATION OF PLANT VARIETY IN INDIA
- Upon receipt, every application is scrutinised for its contents;
- Thereafter, the Seeds & Parental material are codified and sent for DUS Testing in the Field;
- DUS Testing is performed for two seasons at two locations for New Variety;
- For Extant Variety and Common Knowledge Variety, DUS testing is conducted at two locations for one season;
- Upon completion of the DUS Testing, Applications are accepted under Section 20 and Published under Section 21 of the Act;
- Certificate of registration under Section 24 is issued upon, expiry of the statutory period of Opposition or if the Opposition is disposed;
- Thereafter, PPV&FR Authority publishes the Registration Certificate of the Variety, inviting Benefit Sharing Applications.