Who can apply for the registration of a plant variety?

Who can apply for the registration of a plant variety?
Who can apply for the registration of a plant variety?

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.

What comprises a plant variety protection Application Form?

What comprises a plant variety protection Application Form?
What comprises a plant variety protection Application Form?

The application for registration of a variety is to be made in the form prescribed in the PPV & FR Regualtions,2006.

  • Form I – for registration of new variety, extant variety and farmer’s variety and
  • Form II – for essentially derived varieties (EDVs).
  • Technical Questionnaire attached with Form I/Form II – for detailed information of the concerned variety.

These filled application forms must be accompanied by the registration fee prescribed in the PPV & FR Rules, 2003.

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.

What are the prerequisites for filing an application form for registration of plant variety?

What are the prerequisites for filing an application form for registration of plant variety?
What are the prerequisites for filing an application form for registration of plant variety?

For registration of a plant variety the following prerequisites has to be completed –

  • Denomination assigned to such variety.
  • Accompanied by an affidavit that variety does not contain any gene or gene sequences involving terminator technology.
  • Complete passport data of parental lines from which the variety has been derived along with its geographical location in India and all such information relating to the contribution if any, of any farmer (s), village, community, institution or organization etc in breeding, evolving or developing the variety.
  • Characteristics of variety with description for Novelty, Distinctiveness, Uniformity and Stability.
  • A declaration that the genetic material used for breeding of such variety has been lawfully acquired.
  • A breeder or other person making application for registration shall disclose the use of genetic material conserved by any tribal or rural families for improvement of such variety.

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

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.

 

Is there any relaxation in purity standards and requirement of seed for test?

Is there any relaxation in purity standards and requirement of seed for test?
Is there any relaxation in purity standards and requirement of seed for test?

The numbers of off types for farmers’ varieties shall not exceed double the number of off types prescribed for a new variety. The seed required is half of the quantity prescribed for the new 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.

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.

What is the definition of a farmer in the PPV & FR Act?

What is the definition of a farmer in the PPV & FR Act?
What is the definition of a farmer in the PPV & FR Act?

Farmers means a person who –

  1. Cultivates crops by cultivating the land himself; or
  2. Cultivates crops by directly supervising the cultivation of land through any other person; or
  3. Conserves and preserve, severally or jointly, with any person any wild species or traditional varieties through selection and identification of their useful properties.

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.

What is a Farmers’ Variety?

What is a Farmers’ Variety?
What is a Farmers’ Variety?

A variety which: –

  • Has been traditionally cultivated and evolved by the farmers in their fields; or
  • Is a wild relative or land race or a variety about which the farmers possess the common knowledge.
  • Farmer’s variety is exempted from application/registration fees and his application need not be accompanied with fees, affidavit for terminator technology.

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.

What is the cost of registering a plant variety?

What is the cost of registering a plant variety?
What is the cost of registering a plant variety?

Here are the some official fee according actions –

S. No.
Action
Fee
1 Conducting tests Dependent on the nature and type of test subject to a maximum of Rs. 50,000 per entry
2 Fees for registration of essentially derived varieties Individual – Rs. 5,000/-
Educational – Rs. 7,000/-
Commercial – Rs. 10,000/-
3 Renewal fee per year Individual – Rs. 5,000/-
Educational – Rs. 7,000/-
Commercial – Rs. 10,000/-
4 Application for benefit sharing Rs. 5,000/-

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.

 

What is UPOV?

What is UPOV?
What is UPOV?

UPOV is an abbreviation of Union pour la Protection des Obtentious Vegetals (Union for protection of new varieties of plant). It is an international convention which provides a common basis for the examination of plant varieties in different member States of UPOV for determining whether a plant variety merits protection under UPOV or not.

 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.

What is the term of plant variety protection?

What is the term of plant variety protection?
What is the term of plant variety protection?

These are the term of plant variety protection –

  1. In the case of trees and vines, eighteen years from the date of registration of the variety;
  2. 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
  3. 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.