The document outlines the rights of plant breeders and farmers under the Plant Variety Protection and Farmers' Rights Act, detailing the exclusive rights granted to breeders for the commercial use of new plant varieties and the rights of farmers to save, exchange, and register traditional and new varieties. It emphasizes the recognition of farmers' contributions to genetic resource conservation, their rights to compensation, and the balance between breeders' and farmers' rights aimed at enhancing agricultural development. Additionally, it covers the DUS (distinctiveness, uniformity, stability) testing requirements for registering plant varieties and the protocols for submissions and evaluations.

1. Breeders Rights, Farmers Rights, PPVFRI act, DUS testing of
Fruit germplasm
Division of Fruit Science
Saba khan
P.h.D 1st
Year
2023-1322-D

2. 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.
 Breeder Rights are also known as Plant Variety Rights (PVR), is an
exclusive right on the breeder or his successor, his agent or licensee, to
produce, sell, market, distribute, import or export the variety.
 A breeder may authorize any person to produce, sell, market or
otherwise deal with the variety registered under this Act.

3. 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

4. When does it apply?
 (Re)Production (multiplication)
 Limit/control the propagation by others
 Offering for sale
 Selling (or other marketing)
 Exporting from the Community
 Importing to the Community

5. Plant breeders Rights- Requirements
 New (Commercial novelty)
 Distinct (Clearly different)
 Uniform (Homogenous)
 Stability (unchanged)

6. Rights protected
 Rights for commercial seed production.
 Rights for marketing.
 Rights to export and import.
 Rights of authorization.
 Rights to prevent infringement.

7. Farmers rights
 Agriculture began some 10,000 years ago. During this vast period of time, genetic resources
have been selected, developed, used and conserved by farmer families and farming
communities of, particularly, the gene-rich developing countries.
 These same materials have been and are being collected, conserved and used as raw materials
to evolve the modern high yielding varieties of various crops.
 It has been argued that the farmers should be allowed a share in this profit in recognition of
their contribution by way of development of the germplasms of various crops. This was
recognised by FAO (Resolution No. 5/89) as Farmer's rights, those rights which arise from
the past, present and future contributions of farmers in conserving, improving and making
available plant genetic resources, particularly in the centres of origin/diversity.

8.  Farmers right on seed :
To save their own seed from their crop and use it for sowing, re-sowing,
exchanging, sharing and selling to other farmers provided that Farmer
will not be entitled to sell branded seed of a protected variety.
 Right to register traditional varieties:
Traditional varieties developed or conserved by farmers and new
varieties developed by them are eligible for registration.
 Farmers right for reward and recognition :
Important role played by farmers individually or collectively as
community for conservation of varietal wealth of crop plants, now
being recognized.

9.  Right to compensation:
In the event a farmer is unable to achieve the claimed performance of new variety,
PBR holder will be liable to pay compensation to the affected farmers.
 Farmers Right for receiving free services :
Farmers are exempted from any fee in any proceeding before Registrar or
Authority or Tribunal or High Court.
 Farmer's variety application exempt from filing GURT affidavit.
Farmers are also exempted from filing "affidavit sworn by the applicant that such
variety does not contain any gene or gene sequence involving terminator
technology".

10. Similarities between Breeders Rights and Farmers Rights

11. Protection of Plant Varieties and farmers Rights Act 2001
 a sui generis system, is an attempt by the Indian Government to recognize and
protect the rights of both commercial plant breeders and farmers in respect of
their contribution made in conserving, improving and making available plant
genetic resources for development of new plant varieties and to encourage the
development of new plants varieties.
 Protection of the plant varieties under the Act accelerates agricultural
development and stimulates investment for research and development for the
production of new plant varieties which in turn facilities the growth of the seed
industry and ensures the availability of high quality seeds and plant in material to
the farmers.
 The Act tries to balance farmers rights and breeders rights

12. Reasons for enacting PPVFR Act
 To protect Intellectual Property Rights (IPR) associated in the process of new
plant varieties development.
 To encourage public and private investments in developing new plant varieties.
 To ensure availability of high quality seed and planting material to farmers by
promoting seed industries.
 To recognize the contributions of the farmers in conserving, improving and
develop new plant varieties.

13. Features of PPV&FR Act
 Types of plant varieties
 Farmers varieties
 Extant varieties
 New varieties
 Farmers varieties are those traditional varieties developed and conserved by farmers.
 Extant varieties are those varieties in existence which are bred by public and private
institutions and released for cultivation by state or central variety released committee
within last 15 years and also farmers varieties or other varieties in public domain.
 New varieties New varieties are those recently developed varieties, which are either
bred by scientist breeder or by farmers.

14. Rights of Farmers
 PPVFR Act acknowledges role of farmers in Conserving genetic diversity.
 Their poor economic means to buy seeds for every sowing.
 Their poor legal literacy.
 Honours their traditional rights on seed to promote conservation.
 Provides several rights to the farmers
 1)Farmers Right on seeds;
 2) Farmers Right to register traditional varieties
 3)Farmers Right for reward and recognition;
 4)Farmers Right for benefit sharing
 5) Farmers Right for seeds of registered varieties
 6)Farmers Right for receiving free services

15. Term of Protection Under SEC-24(6)
 Trees and vines- 18 years from
registration
 Extant varieties- 15 years from the
date of notification
 Others- 15 years from the date of
registration of variety

16. Registration
 Any person as described under sec 16 of the Act, can apply for the
registration of a new variety either directly or through their agents.
 The office of registrar, Protection of plant varieties and Farmers Rights
Authority is the appropriate office for filing the application in India
 Applicant can file a completely filled application with registrar for any
variety of such genera and species as specified
 Make available such quality of seeds of variety for registration along
prescribed fee

17. Prerequisites for Filing an Application Form for
Registration of Plant Variety
 Denomination assigned to such variety
 An affidavit that variety does not contain any gene or gene sequence involving
terminator technology
 Complete passport data of parental lines with its geographical location in India
and all such information relating to the contribution if any, of any farmer(s)
village, community, institution etc in breeding and developing the variety.
 Characteristics of variety with description of 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

18. Deposition of Seed or Propagating Material before Registration
Deposition of seeds is necessary for DUS test conducted
by PPV & FR Authority.
The applicant needs to deposit the fixed amount of seed or
propagating material with prescribed germination
percentage and physical purity along with the seed quality
test report to the authority.

19. Crop species notified for Registration

20. DUS Testing of Fruit Germplasm
 DUS stands for Distinctiveness, Uniformity and Stability.
 DUS Testing is examination of plant varieties for Distinctiveness,
Uniformity and Stability for the purpose of registration of plant varieties
under PPV & FR Act 2001

21. DUS Test Guidelines and Plant material Required
 To set out the principles which are used in examination of DUS, General
Guidelines and Specific Guidelines for individual crop species or group of
species are required.
 These represent an agreed and harmonized approach for the examination of
new varieties.
 The quantity of planting material requirement is indicated in the individual
Test Guidelines of respective crops.
 The material submitted for DUS test should be representative of respective
crops.
 The material submitted for DUS test should be representative of the candidate
variety.

22.  The Plant Variety Protection (PP) Authority decides when, where and in what quantity and
quality the seed material required for testing the variety is to be delivered.
 Applicants submitting material from a country other than India must make sure that all
customs formalities are complied with.
 The minimum quantity of seed to be supplied by the applicant, should be:
 The material is to be supplied in form of …(seed/sets/plants)
 Quantity of planting material: ...g
 Quality standards: The seed should meet the minimum requirements for germination
capacity, moisture content and physical purity prescribed for certified seed in India
especially for storage, which requires a higher standard, the applicant should state, the
actual germination capacity which should be as high as possible.
 Health status: The plant material supplied should be visibly healthy, not lacking in vigour,
nor affected by any important pest or disease.
 Seed treatment: The seed material must not have undergone any treatment unless the
competent authorities allow or request such treatment. If it has been treated, full details of
the treatment must be given.

23. Duration of DUS Tests
 Usually the DUS examination requires more than one independent growing cycles with
reference to ecosystem of the variety for studying the consistency of results.
 The candidate varieties are studied in a given location, over at least two successive
seasons.
 For many crops, it is possible to complete two growing cycle in the same year. The two
growing cycles should be independent of each other.
 For plants grown in green houses, provided the time between the sowing is not too short
and the trial is randomized, at least partly, two growing cycles can overlap and still be
compared as independent.
 For fruit trees, the same plants are examined over successive years. The condition of
independence of growing cycle is also satisfied in this case.

24. Tests locations
 Varieties of different geographical regions may require different agro-
climatic growing conditions. Different locations can be used in order to
meet growing conditions of different varieties.
 Some DUS testing centers might have a primary location, backed by a
safety location. Normally, only the data from primary location will be
used, but in case this location has major problem then the second one will
be available to prevent the loss of age year’s results.
 Even UPOV is currently exploring the circumstances in which more than
one location might be used in order to obtain independent growing cycles
in a given year

25. Criteria For DUS Testing Based On Morphological Characters
 National Test Guidelines development for individual crops and representing harmonized
approach for the testing of new varieties should form the basis of the DUS examination.
 It contains details on (I) subject of the guidelines (I) material required (IlI) conduct of tests
(IV) methods and observations (V) grouping of varieties (VI characteristics and symbols
(VII) table of characteristics (VIII) explanations on the table of characteristics (IX) literature
and (X) technical questionnaire.
 The characteristics in the table follow the botanical order viz., seed (submitted), seedling,
plant (growth habits etc.), root, root system or other subterranean organs, stem, leaf (blade,
petiole, stipule) inflorescence, flower (calyx, sepal, corolla, pistil) and fruit.

26. DUS test for variety Registration and Notification
 Plant variety Protection (PVP) has been brought in to sharp focus by agreement on Trade
Related Aspects of Intellectual Property Rights (TRIP's) which is a part of agreement
establishing world Trade organization (WTO).
 The establishment of a clear identity for a variety to be protected and registered involves
the following elements:
 The variety should be clearly distinguishable from any other exiting variety (Distinctness).
 The variety should be sufficiently uniform to enable its description (Uniformity).
 The variety should be stable in its relevant characteristics, that is, it must remain true to its
initial description even after repeated propagation (Stability)

27. Thankyou