These are the term of plant variety protection –
- In the case of trees and vines, eighteen years from the date of registration of the variety;
- In the case of extant varieties, fifteen years from the date of the notification of that variety by The Central Government under section 5 of the Seeds Act,1966
- In the other cases, fifteen years from the date of registration of the variety.
Initially the certificate of registration shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be revived and renewed for the remaining period on payment of fees as may be fixed by the rules.
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.