Intellectual Property Rigts - PPFR ACT 2001

College of Agriculture ,Powarkheda
• Sumitted to : Dr. Rita Kapil Narvariya

• Submitted by : Suchit, Vishwam, Vikas,
Satish, Shalini
• Class : B.sc. [Hons.] Agriculture third year
• Subject : Intellectual Property Rights
• Topic : PPV & FR Act, 2001
Introduction
Under the Trade Related Aspects of Intellectual Property Rights (TRIPS)
agreement it is obligatory on part of a Member to provide protection to new
plant variety either through patent or an effective sui generis system or a
combination of these two systems. India being a member of the World Trade
Organization (WTO) and signatory of TRIPS, was therefore under an
obligation to introduce a system for protecting new plant variety. India opted
for sui generis system and enacted The Protection of Plant Varieties and
Farmers’ Rights Act (PPVFRA) on August 9, 2001.
To implement the provisions of the Act the Department of Agriculture and
Cooperation, Ministry of Agriculture established the The Protection of Plant
Varieties and Farmers’ Rights Authority on 11th November, 2005.
Objectives of the PPV & FR Act, 2001
 To establish an effective system for the protection of plant

varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants.
 To recognize and protect the rights of farmers in respect of their
contributions made at any time in conserving, improving and
making available plant genetic resources for the development of
new plant varieties.
 To accelerate agricultural development in the country, protect
plant breeders’ rights; stimulate investment for research and
development both in public & private sector for the development
of new plant varieties.
 Facilitate the growth of seed industry in the country which will
ensure the availability of high quality seeds and planting material
to the farmers.
General functions of the Authority
 Registration of new plant varieties, essentially derived varieties

(EDV ) and extant varieties
 Developing DUS (Distinctiveness, Uniformity and Stability) test
guidelines for new plant species
 Developing characterization and documentation of registered
varieties
 Cataloging facilities for all variety of plants
 Documentation , indexing and cataloguing of farmer’s varieties
 Recognizing and rewarding farmers, community of farmers (from
national gene fund ), particularly tribal and rural community
engaged in conservation, improvement, preservation of plant
genetic resources of economic plants and their wild relatives
 Maintenance of the National Register of Plant Varieties
 Maintenance of National Gene Bank
Rights under the Act
 Breeders’ 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.
 Researchers’ rights: Researcher can use any of the registered
variety under the Act for conducting experiment or research.
This includes the use of a variety as an initial source of variety
for the purpose of developing another variety but repeated use
needs prior permission of the registered breeder.
 Farmers’ rights: A farmer can save, use, sow, re-sow, exchange,
share or sell his farm produce including seed of a variety
protected under the PPV&FR Act, 2001

What are registerable plant varieties in
India?
Four types of plant varieties can be registered under PPVFR Act, 2001.
 New varieties: A variety which is not in public domain in India earlier than one year
before the date of filing; or outside India, in the case of trees or vines earlier than
six years, or in any other case, earlier than four years.
 Extant variety: A variety which is notified under Seed Act, 1966 or a variety about
which there is common knowledge or a farmer’s variety or any other variety which
is in public domain is considered as an Extant variety.
 Farmer’s variety: A variety which has been traditionally cultivated and evolved by
the farmers in their fields or a variety which is a wild relative or land race of a
variety about which farmers possess common knowledge .
 Essentially derived variety (EDV): Plant variety is taken to be an essentially
derived variety of another plant variety if :
 (a) It is predominantly derived from that other plant variety
 (b) It retains the essential characteristics that result from the genotype or
combination of genotypes of that other variety ( c) It does not exhibit any
important (as distinct from cosmetic) features that differentiate it from that other
variety.
Criteria for Protection
 A new plant variety shall be protected by registration if it is novel, distinct, uniform

and stable.
 1. Novel: A new variety shall be deemed to be novel. I f at the date of filing of
application for registration for protection, the propagating or harvested material of
such variety has not been sold or otherwise disposed of by or with the consent of the
breeder, for the purposes of exploitation of such variety (a) in India, for more that one
year or (b) outside India in the case of trees or vines, earlier than 6 years or, in any
other case, earlier than four years.
 2. Distinct : A new variety shall be deemed to be distinct if it is clearly distinguishable
by at least one essential characteristic from any commonly known variety.
 3. Uniform: The new variety shall be deemed to be uniform if, subject to the variation
that may be expected from the particular features of its propagation, it is sufficiently
uniform in its essential characteristics
 4. Stable: A new variety shall be deemed to be stable if its essential characteristics
remain unchanged after repeated propagation or, in the case of a particular cycle of
propagation, at the end of each such cycle. The requirement of stability means that a
variety must remain true to its description/character even after repeated propagation.
What is the duration of protection for a
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.
Who can apply for the registration of a plant
variety?
 Person claiming to be the breeder of the

variety or his successor or assignee. A farmer
or a group of farmers claiming to be the
breeder of the variety Any person authorized
by any of the persons specified above to
make application on their behalf Any
university or publicly funded agricultural
institution claiming to be the breeder of the
variety.
Conclusion
 It is sui generis law providing due consideration to

farmers’ rights plant variety protection. The variety is
defined by the expression of the characteristics
resulting from a genotype of that plant grouping. It
should be distinguished from any other plant grouping
by expression of at least one of the said
characteristics. Farmer’s variety is one which is
traditionally cultivated and evolved in fields by the
farmers. The criterion for a variety to be registered
under the Act is that it should be Novel , Distinct ,
Uniform and Stable .
THANK
YOU
Prepared by:-
Dr. Telem Ratan Singh
Subject Matter Specialist (Plant Breeding & Genetics)
KVK-Senapati, Hengbung, Senapati District,
Manipur-795129

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College of Agriculture ,Powarkheda

• Sumitted to : Dr. Rita Kapil Narvariya

 To establish an effective system for the protection of plant

 Registration of new plant varieties, essentially derived varieties

 Breeders’ rights: Breeders will have exclusive rights to produce,

 A new plant variety shall be protected by registration if it is novel, distinct, uniform

 Trees and vines - 18 years. Other crops - 15

 Person claiming to be the breeder of the

 It is sui generis law providing due consideration to

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