Application for registration of a variety can be made by –
- Any person claiming to be the breeder of the variety;
- Any successor of the breeder of the variety;
- Any person being the assignee or 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 breeder of the variety;
- Any person authorized to make application on behalf of farmers and
- Any University or publicly funded agricultural institution claiming to be breeder of the variety.
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.