PROTECTION OF PLANT VARIETIES
AND
FARMERS’ RIGHTS ACT, 2001
11 Sept 2012
Why Protection for plants is required in
India?
Compliance with TRIPS
Some form of IPR protection is
necessary for plants
Can be in the form of patent protection; or
By a sui generis system; or
By a combination of both
Crops Covered under the PPVFRA
Cereals : Rice, wheat, maize, sorghum, pearl millet
Legumes: Chickpea, mungbean, urdbean, field pea, rajmash,
lentil, pigeon pea
Fibre Crops : Cotton and Jute
Third phase
Sugarcane , ginger, turmeric
Fourth Phase
Oilseeds : Rapeseeds mustard, groundnut, soybean, sunflower,
safflower, castor, sesame, linseed
Fodder Varieties : Lucerne, berseem
Vegetables : Tomato, brinjal, okra, cauliflower, cabbage, potato,
onion, garlic
Flowers : Rose and Chrysanthemum
Varieties that can be registered
Novel Variety
Extant Variety
Farmers Variety
Essentially derived variety
Varieties that are Registrable
Criteria
NOVEL VARIETY IS NEW
DISTINCT ATLEAST ONE ESSENTIAL
CHARACTERISTIC
UNIFORM SUFFICIENTLY UNIFORM
SUSCEPTIBLE TO CHANGE AFTER
STABLE REPEATED PROPAGATION
NOVELTY OF VARIETY IS
PROTECTED-Sec. 15(3) a
1. EXPLOITATION BY SALE OR
DISPOSAL
IN INDIA OVERSEAS
< 1 YEAR FOR TREES & VINES < 6 YRS
OTHERS < 4 YRS
2. USED FOR TRIAL NOT NOVELTY
DESTROYING
Extant Variety (Section 2j )
A variety in public domain is eligible for
protection
Notified under section 5 of Seeds act 1966
Farmers’ variety
A variety about which there is common
knowledge and includes the propagating
material from extant variety
Registration within Three Years
Which species ? Not Clear – Can extant
variety get protection – Term of protection
Essentially Derived Variety (Section 2i)
Is a variety which is essentially derived from an initial variety
Retains expression of the essential characteristics
Clearly distinguishable from the initial variety
Conforms to the initial variety in the expression of essential
characteristics except variation which result in the process of
derivation
Not clearly defined in the Act
DUS testing guidelines For EDV not developed yet.
People who can apply for protection of a Variety
any person claiming to be the breeder of the variety
any successor of the breeder of the variety
any person being the assignee of the breeder of the variety
any farmer or group of farmers or community of farmers
claiming to be the breeder of the variety
any person authorised in the prescribed manner by the persons
mentioned above
any university or publicly funded agricultural institution
claiming to be the breeder of the variety
PVP Conditions
Denomination
Descriptors of variety
Novelty
DUS Characters
Parental lines
Terminator technology
Rights of the Owner of the Variety
(Sec. 28)
The owner of the protected variety has the right to
• Produce the protected variety
• Sell the variety
• Market the variety
• Distribute the variety
• Import the variety
• Export the variety
In case of the variety being an EDV where the EDV derived
from a protected variety then an authorisation required
from the breeder of the initial variety
Infringement (Sec. 64)
Any one of the following done by a
person other than the owner or
without his authorisation / license
• Sells, exports, imports or exports a
registered variety
• Sells, exports, imports or exports a
variety deceptively similar to the
registered variety
Acts not considered to be infringement
Researcher Rights (Sec 30) :
Use of variety for research and
experimental purposes allowed
Use of variety as an initial variety for the
creation of a new variety allowed
Repeated use of the variety for
commercial production of a new variety
is not allowed without the authorization
of the breeder of the registered variety.
Relief in Case of Infringement
(Sec. 66)
An injunction awarded against the infringer
The plaintiff has the option to claim for damages
or a share of the profits of the infringer
Other Protection Provided
The PPVFRA provides a civil as well as a criminal liability for
other acts which violates the rights of the owner of the
protected variety
Penalty for selling varieties to which false denomination is
applied (Sec. 71) – punishable offence with heavy fine
Penalty for falsely representing a variety as registered (Sec
72) – punishable offence
Penalty for subsequent offence (Sec 73)
Duty of the Breeder of a Protected
Variety
Shall in all circumstances provide correctly the
expected yield/performance under a given set of
conditions
Shall ensure that the denomination of the
protected variety conforms with the description
of the protected variety
Who is a Farmer ?
A farmer is defined in the PPVFRA as :
Section 2(k) "farmer" means any person who--
i. cultivates crops by cultivating the land himself; or
ii. cultivates crops by directly supervising the cultivation
of land through any other person; or
iii. conserves and preserves, severally or jointly'. with
any person any wild species or traditional varieties, or
adds value to such wild species or traditional varieties
through selection and identification of their useful
properties
Farmers’ Rights (Sec 39)
Has the same privilege with respect to a breeder of a variety
A farmers’ variety shall be entitled for registration if a
declaration has been made that the initial variety has been
lawfully obtained
Can save, use, sow, resow, exchange, share or sell his farm
produce including seed of a protected variety
The farmer as such cannot sell branded seeds of a protected
variety
A farmer can claim damages if the seed of the protected
variety does not give the yield as stated by the breeder.
Protection Against Unintentional Use
(Sec 42)
The act provides farmers against the
unintentional and accidental use of the
protected variety
No infringement if the farmer was unaware of
the existence of the rights
A relief granted as damages for infringement
shall not be granted if the farmer proves
before court that at that time he was
unaware of the existence of such right
Farmers Are Exempted From Fees (Sec. 44)
Farmer or a group of farmers not liable to
pay
Fees in any proceedings
Including any fees payable for inspection
For obtaining any copy of a document or a
copy of a decision
A Compulsory Licensing System
Section 47
If seeds of a protected variety are not
available after 3 yrs of registration
in adequate quantity, and
at reasonable price,
the Authority may grant license to a third
party to (a) undertake production, and
(b) distribution and sale of the seed on
reasonable royalty
Benefit Sharing- National Gene Fund
Authority will invite claims for benefit sharing
from persons or organizations
Benefit sharing only for Indian Citizens and
Organizations
Breeder can oppose the claims
Authority shall decide the quantum
The amount of benefit sharing shall be
deposited with the National Gene Fund
