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What is the duration of protection of a registered plant variety?

What is the duration of protection of a registered plant variety?

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

  • Trees and vines – 18 years.
  •  For other crops – 15 years.
  •  For extant varieties notified – 15 years from the date of notification

under section 5 of the Seeds under section 5 of the Seeds Act, 1966 Act, 1966.

Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be-

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping.

(ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and

(iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators of IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.

 


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