University of Agricultural and Horticultural
Name of the Student : Sachin N
Degree Programme : Jnr.
Plant Breeders’ Rights
What are breeders’ rights?
The Plant breeders' Rights programme was first established in
1987 under the Plant Variety Rights Act (PVR), which was
succeeded by the current Plant breeders' Rights Act 1994.
Plant breeders' Rights are also known as Plant Variety Rights
(PVR), are intellectual property rights granted to the breeder of a
new variety of plant.
Plant breeders' Rights are granted to novel plant varieties that are
distinctive, uniform, and stable (e.g., cultivar breed true-to-type
for desired traits.
Plant breeders' Rights – what is it?
Exclusive commercial rights for a registered variety of plant.
Intellectual property (IP) such as patents, trademarks and designs.
Protects plant breeders and gives them a commercial monopoly
for a period of time (EU 25-30 years/PT 15-20 years)
Plant breeders' Rights – why?
Allow the breeders' to have a return of the investment.
Protect the breeders' work.
Stimulate development of new varieties.
Plant breeders' Rights – when does it apply?
Limit/control the propagation by others
Offering for sale
Selling (or other marketing)
Exporting from the Community
Importing to the Community
Stocking for any of the purposes mentioned
Plant breeders' Rights – when doesn’t it apply?
When the purposes are:
a) private and non-commercial application.
b) only for experimental use.
c) for breeding.
Discovering and developing other varieties.
Plant breeders' Rights – requirements
New (commercial novelty)
Distinct (clearly different)
Rights protected--Plant breeders' Rights
Rights for commercial seed production.
Rights for marketing.
Rights to export and import.
Rights of authorization.
Rights to prevent infringement.
Unauthorized production and
marketing of a registered
variety by other person
amounts to infringement.
Features of Plant breeders' Rights
Advantages of Plant breeders' Rights
Protecting the breeders' work.
breeders' get benefit of their variety.
PBR help in faster development of seed industry.
PBR lead to improvement in quality because of competition.
PBR help in enrichment of genetic resources
Disadvantages of Plant breeders' Rights
It will promote monopoly.
It may lead to increase in prices.
There will be reduction in genetic variability.
There will be compulsion to purchase fresh seed every year.
Plant variety protection
Plant variety protection provides legal protection of a plant
Variety to a breeder in the form of plant breeders' rights.
The effect of PBR is that prior authorization is required before
the material can be used for commercial purposes.
International Union for the Protection of
New Varieties of Plants (UPOV)
• Intergovernmental organization based in Geneva, Switzerland;
• The mission of UPOV is to provide
and promote an effective system of
plant variety protection, with the aim
of encouraging the development of
new varieties of plants, for the benefit
Exemptions of Plant breeders' Rights
Breeders’ exemptions / breeders' privilege : The legal rights
provided to plant breeders to use protected material for further
research refer to breeders' exemptions. The UPOV act 1978
provides breeders' exemptions. However act 1991 has curtailed
Farmers’ exemptions / farmers’ rights : The legal rights that are
provided to farmers to save, use, exchange, share or sell his farm
produce of a protected variety are farmers exemptions. The
UPOV act 1978 provides breeders' exemptions. However act
1991 has curtailed these exemptions because UPOV is not
accepted by many countries.
Similarities between Plant breeders'
Rights and Farmer’s Rights
SN Particulars Plant breeders' Rights Farmer’s Rights
1. Registration Essentials Essentials
Duration Trees and vines
Extant varieties etc.
3. Enforcements After Registration
Uniformity & Stability.
Same as in PBR
5. Validity In country of registration
In country of
Plant Breeders’ Rights
Can farmers save seed? It is not spelled out in the
legislation, but it is not prohibited.
Can farmers clean grain from
PBR-protected varieties for
use as seed on their farm?
Can farmers sell or advertise for
sale seed they have produced from
grain of PBR-protected varieties?
Can farmers exchange seed
they have produced from grain
of PBR-protected varieties?
Intellectual Property Rights (IPRs) have assumed central
importance throughout the world in the recent past. Intellectual
property is the creative work of the human mind.
The main motivation for its protection is to encourage creative activities.
The contribution of intellectual property to industrial and
economic development of a country cannot be exaggerated.
Duration for trees and vines 9 to 18 yrs
Extant varieties 6 to 15
Validity nly valid in the country where it is registered.
Matters all the botanical genera and sp. They should have intertn code of nomenclature
Transfer right to authorize other interested person for commercial production
Control right to prevent other from commercial production n marketing
Enforcements pbr come into force soon after registartn