This document provides an overview of the Protection of Plant Varieties and Farmers' Rights Act of 2001 in India. It outlines the 11 chapters of the act which cover preliminary clauses, the PPVFR authority and registry, registration of plant varieties, duration of protection, infringement and penalties, and miscellaneous topics. It defines key terms like farmer, breeder's rights, and farmers' rights. It also describes the criteria for registrable plant varieties in India, the duration of protection, and rights and obligations of variety owners. The process of registering a variety and associated costs are summarized. In the end, it provides contact information for the office that registers plant varieties in India.

1. Presented by
Nishanth S

3. PPV & FR Act, 2001
CHAPTER I Preliminary Clauses 1-2
CHAPTER II PPVFR Authority and Registry Clauses 3-13
CHAPTER III Registration of PV and EDV Clauses 14-23
CHAPTER IV Duration and Effect of Registration and
Benefit Sharing
Clauses 24-32
CHAPTER V Surrender & Revocation of Certificate &
Rectification & Correction of Register
Clauses 33-38
CHAPTER VI Farmers’ Rights Clauses 39-46
CHAPTER VII Compulsory Licence Clauses 47-53
CHAPTER VIII Plant Varieties Protection Appellate
Tribunal
Clauses 54-59
CHAPTER IX Finance, Accounts and Audit Clauses 60-63
CHAPTER X Infringement, Offences, Penalties &
Procedure
Clauses 64-77
CHAPTER XI Miscellaneous Clauses 78-97

4. Milestones
Protection of Plant Varieties
TRIPS
After the implementation of WTO rules
and regulations
Provision – member nations are required to grant patents on microorganisms,
non/biological and microbiological processes as well as effective IPR protection
for plant varieties article 27.3 (B)
Members may choose from patents
sui-generis system
Both
Particular to
the nation

5. Plant Variety Protection
“Plant Variety Protection provides legal protection of a plant variety to a
breeder in the form of Plant Breeder’s Rights. Plant Breeder’s Rights are
intellectual property rights that provide exclusive rights to a breeder of the
registered variety.”
1) To encourage scientists, farmers, communities for the development of the new
plant varieties having quality and production potential.
2) Registration of varieties for legal protection.
3) Characterization and documentation of registered varieties.
4) Ensuring the availability of quality seeds of registered varieties under this Act.
5) Establishing Gene Funds for rewards and compensation.

6. Breeders’
Rights
Researchers
’ Rights
Farmers’
Rights
Streams merged to this act
The three streams merged to this PPV & FR act, 2001

7. Who is a Farmer?
A farmer is defined in the PPV & FR as:
Section 2(k) ‘farmer’ means any person who –
 Cultivated crops by cultivating the land himself; or
 Cultivates crops by directly supervising the cultivation of land through any other
person; or
 Conserves and preserves, severally or jointly’, with any person any wild species,
or traditional varieties, or adds value to such wild species or traditional varieties
through selection and identification of their useful properties

8. Farmers’ Rights
Entitled to:
save, use, sow,
re-sow,
exchange or
sell his farm
produce.
Compensation
for:
failure of
expected
performance of
registered
variety.
Protection
against:
innocent
infringement.
Exemption
from:
payment of
DUS testing
fee.

9. Breeder’s Rights
Rights to:
i. Produce
ii. Sell, market, distribute
iii. Import or export seeds of the protected variety
 Breeders authorization for production or
commercial exploitation of protected variety.
 Penalties for infringement of Breeders’ Right.
Researchers’ Rights:
i. Use the registered variety for conducting experiment.
ii. Use the variety as an initial source of variety for the purpose of creating other
varieties.

10. Varieties
Variety means a plant grouping except microorganisms within a single
taxon of the lowest known rank, which can be
• defined by the expression of the characteristics resulting from a given genotype
of that plant grouping
• distinguished form any other plant grouping by expression of at least one of the
said characteristics and
• considered as a unit with regard to its suitability for being propagated, which
remains unchanged after such propagation and includes propagating material
of such variety, extant variety, transgenic variety, farmers’ variety and
essentially derived variety

11. Registrable plant varieties in India
Four
types
New
Variety
Extant
Variety
Farmers’
Variety
Essentially
Derived
Variety
New Varieties:
A variety which is not in public domain in India earlier than one year
before the date of filling or outside India, in case of trees or vines earlier than 6 years
or in any other case earlier than 4 years.

12. Registrable plant varieties in India
Extent Varieties:
Varieties notified under Section 5 of the Seed Act 1966 and also the
varieties in public domain are called extant varieties.
Farmers’ Varieties / Community Varieties:
These varieties are traditionally cultivated and evolved by the farmers in
their fields. The wild relatives, land races which the farmer posses also fall in
this category.
Essentially Derived Varieties:
These varieties are predominantly derived from initial varieties that retains
the characters of initial variety and clearly distinguishable from such initial at
least for one trait.

13. Non-Registrable Plant Varieties in India
1. Varieties on exploration are harmful to ecosystem (human, animal, plants &
environment)
2. Genetic use restriction technology (GURT) or terminator technology.
3. Genus or species not notified in official gazette at the time of filing
application.
4. Not capable of identifying such variety.

14. Duration of protection of a registered plant varieties
The duration of protection of registered varieties is different for different
crops which are as follows:
from the date of notification of that variety by the Central
Government under section 5 of the Seed Act 1966. Extension will be given after
review.
Type Initial years Extendable years Total
Field crops 6 9 15
Trees and vines 9 9 18
Extant variety
(notified)
15 years from the date of notification

15. Criteria for deciding protection of plant varieties
• Clearly distinct
from other
varieties – the
candidate variety
can be identified.
Distinctness
• The variation
between
individuals in a
variety must be
less than within a
species.
Uniformity
• Relevant
characters remain
unchanged after
repeated
propagation.
Stability
• The variety shall
be deemed to be
new.
Novelty
• Denomination
must enable the
variety to be
identified –
Generic
designation
Appropriate
Denomination

16. Plants covered under the Act
There are a total of 21 species at present that could be registered which are
broadly divided into three categories:
 Pulses
 Coarse cereals
 Oil seeds
Other new species for which approval is awaited
22 species such as
 8 vegetable species
 1 fruit: mango
 1 flower: Rose
 10 oil seed crops

17. Rights enjoyed by the owner of Variety
The owner of the protected variety has the following rights
a) To produce
b) To sell
c) To market
d) To distribute
e) To import and
f) To export the variety
Infringement: Section 64
Anyone of the following done by a
person other than the owner or without his
authorisation / license.
 sells, exports or imports a registered variety.
 sells, exports or imports a variety deceptively
similar to the registered variety.

18. National Gene Fund
Annual fee
on varieties
Compensations
deposited
Benefit shares
awarded
Contributions
from National &
International
Organizations Reimbursement of
Benefit shares
Reimbursement of
compensation
Supporting
conservation
(Sec. 45)

19. Application form
1. Form 1 – for registration of new variety, extant variety and farmers’ variety
2. Form II – for essentially derived varieties and transgenic varieties.
3. Technical questionnaire attached with Form I and Form II – for detailed
information of the concerned variety.
These filled application forms must be accompanied by the fee prescribed by
the Authority.
The PPV&FR Authority has started receiving applications for the
registration of varieties of 12 notified species from 21st May 2007.

20. Procedure for Registration
Submission of application form + technical questionnaire to authority
Initial Scrutiny
Receipt or acknowledgement
Acceptance after validation of information
Advertisement of application in Gazette of India

21. Procedure for Registration
Invitation of objectives within 3 months
Opposition with prescribed fee within 3 months
A copy of opposition notice referred by register in applicant
Counter statement by applicant within 3 months
Registrar refer a copy or counter statement to opposition and requiring
submission of final opposition

22. Procedure for Registration
Registrar shall hear both the parties
After considering the evidences, Registrar may uphold or reject
opposition
Conduct DUS test (2years at 2 locations)
Found distinct. Uniform, stableand new
Issue of certification of registration

23. Procedure for Registration
Publication of contents of certificate and invites claims of benefit
sharing
On receiving the claims authority send a copy of claims to breeder of
registered variety
Breeder may submit his notice of opposition to claim within 3 months
Evidences given by both parties duly considered by the authority while
disposing of any claim for benefit sharing
It claims are found to be genuine, breeder has to deposit amount of
benefit sharing

24. Cost of registering a plant variety
The fee structure as defined by the PPV & FR Authority is as below:
(To be retained at DUS test site after issue of receipt)
A. Form Charges
1. Application Form charges Rs. 200
B. DUS test fee Rs. 20,000
C. Annual fee
The authority shall notify the amount separately in the official Gazette.
II. Other charges
A. Registration Charges
1. For Extant Variety of common knowledge
where no DUS test is needed
Rs. 2,000
2. Registration Certificate Charges Rs. 5,000
B. DUS test site visit charges/person/visit Rs. 500

25. Reasoning
Plant
Breeder’s
Right
EQUITY, ETHICS & PUBLIC INTEREST

26. Address for Correspondence
Office for the registration of plant varieties:
The Registrar,
Protection of Plant Varieties and Farmers’ Rights Authority,
Government of India, Ministry of Agriculture,
NASC Complex, DPS Marg, Opposite Todappur,
New Delhi – 110 012

28. Biodiversity in India

29. Convention on Biological Diversity (CBD)
 The convention is founded on the principle that local communities generate and
are dependent on biodiversity and should continue to benefit form it.
 Signed in 1992 at the UN Conference on Environment and Development
(UNCED) in Rio de Janeiro entered into force on 29 December 1993.
 More than 170 countries (present - 175)
 India became a signatory to the Convention on Biological Diversity in 5th June
1992.
The main objectives of the Convention are:
♦ Conservation of biological diversity;
♦ Sustainable use of the components of biodiversity;
♦ Fair and equitable sharing of benefits arising out of the utilisation of genetic
resources.

30. Biological Diversity Act
CHAPTER I Preliminary – Terminologies and
Definitions
CHAPTER II Regulations of access to Biological Diversity
CHAPTER III Establishment of National Biodiversity
Authority
CHAPTER IV Functions and Powers of National Biodiversity Authority
CHAPTER V Approval by the National Biodiversity
Authority for understanding certain
activities ie Transfer of biological resource or associated knowledge
CHAPTER VI Establishment of State Biodiversity Board
CHAPTER VII Finance, Accounts and Audit of National Biodiversity Authority
CHAPTER VIII Finance, Accounts and Audit of State Biodiversity Authority
CHAPTER IX Duties of the Central and State Governments
CHAPTER X Constitution of State Biodiversity Management Committees
CHAPTER XI Local Biodiversity Fund
CHAPTER XII Miscellaneous

31. Definitions
Biological diversity:
means the variability among living organisms from all sources and the
ecological complexes in which they are part and includes diversity within
species or between species and of eco-systems.
Biological Resources:
means plants, animals and micro-organisms or parts thereof, their genetic
material and by-products (excluding value added products) with actual or
potential use or value, but does not include human genetic material.

32. Definitions
Commercial utilization:
means end uses of biological resources for commercial utilization such as
drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers,
oleoresins, colours, extracts and genes used for improving crops and livestock
through genetic intervention, but does not include conventional breeding or
traditional practices in use in any agriculture, horticulture, poultry, dairy farming,
animal husbandry or bee keeping.
Sustainable use:
means the use of components of biological diversity in such manner and at
such rate that does not lead to the decline of the biological diversity thereby
maintaining its potential to meet the needs and aspirations of present and future
generations.

33. Structure of Bio-diversity Act
Three tier system
Requests for access by foreign individuals, institutions
or companies.
Transfer of results of research to any foreigner.
Access by Indians for commercial purposes.
The Indian industry – provide about the use of
Biological resources.
Institutions of local self government.
Conservation, sustainable use, documentation of
biodiversity, etc.,
NBA
SBB 29
BMC
37,769

34. National Biodiversity Authority (NBA)
Section 8. The Head Office of the National Biodiversity Authority shall be at Chennai
Dr. (Ms) B. Meenakumari
From 9th February 2016

35. National Biodiversity Authority (NBA)
Ex-Officio (10)
Ministry of Tribal
Affairs (1)
Ministry of Environment and Forests (2)
Whom 1 shall be ADG/DG
Ministry of
Agriculture
Research and
Education (1)
Ministry of
Biotechnology(1)
Ministry of
Ocean
Development(1)
Ministry of
Agriculture and
Cooperation (1)
Indian Systems
of Medicine and
Homeopathy (1)
Science and
Technology(1)
Scientific and
Industrial
Research (1)

36. National Biodiversity Authority (NBA)
Non-official
(5)
Specialists and
scientists having
special knowledge
of, or experience in
Sustainable use of
biological
resources
Equitable sharing
of benefits
Conservers, creators
& knowledge-
holders of biological
resources
Representatives of
industry
Conservation of
biological
resources

37. Functions of NBA
Section 18
1. It shall be the duty of the National Biodiversity Authority to regulate activities,
and
2. Grant approval for undertaking any activity referred to in section 3, 4 and 6.
Section - 3: All foreign national require approval from NBA for obtaining Biological
Resources.
Section - 4: Indian individuals/entities to seek approval before transferring
knowledge / research and material to foreigners.
Section - 6: Prior approval of NBA before applying for any kind of IPR based on
research conducted on biological material and or associated knowledge
obtained from India.

38. Functions of NBA
3. The National Biodiversity Authority may –
a) advise the Central Government on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of
benefits arising out of the utilization of biological resources.
b) Advise the State Government in the selection of areas of biodiversity importance
as heritage sites and measures for the management of such heritage sites.
4. The NBA may, on behalf of the Central Government, take any measures
necessary to oppose the grant of intellectual property rights in any country
outside India on any biological resource obtained from India or knowledge
associated with such biological resource which is derived from India.

39. State Biodiversity Board (SBB)
1. With the effect from such dates as the State Government may appoint, for the
purpose af this Act, a board for the State to be known as the
_________________(name of the State) Biodiversity Board.
2. For Union Territory, National Biodiversity Authority will perform the functions
of SBB.
3. The Board shall consist of the following members namely:-
a) A chairperson
b) Five ex-officio members
c) Five members from among the experts in matters relating to conservation of
biological diversity, sustainable use of biological resources and equitable sharing
of benefits arising out of the use of biological resources.

40. Functions of State Biodiversity Board
Section 23
1. Advise the State Government , on matters relating to the conservation of
biodiversity, sustainable use of its components and equitable sharing of the
benefits arising out of the utilization of biological resources.
2. Regulate by granting of approvals or otherwise requests for commercial
utilization or bio-survey and bio-utilization of any biological resource by
Indians.
3. Perform certain other functions as may be necessary to carry out as may be
prescribed by the State Biodiversity Authority.

41. Biodiversity Management Committee (BMC)
Section 41
Every local body shall constitute a biodiversity management committees for
the purpose of –
 Promoting conservation,
 Sustainable use and documentation of biological diversity including
preservation of habitats,
 Conservation of land races, folk varieties and cultivars, domesticated stocks and
breeds of animals and micro-organisms,
 Chronicling of knowledge relating to biological diversity.

42. Definitions
“Cultivar “means a variety of plant that has originated and persisted under
cultivation or was specifically bread for the purpose of cultivation.
“Folk variety” means a cultivated variety of plant that was developed, grown and
exchanged informally among farmers
“Land race” means primitive cultivar that was grown by ancient farmers and their
successors.
Biodiversity Heritage Sites (BHS):
Biodiversity heritage sites (BHS) should includes both wild and
domesticated biodiversity and human cultural relations with such biodiversity.

43. Nagoya Protocol
 The Nagoya Protocol is a supplementary agreement to the Convention on
Biological Diversity. To access genetic resources and the fair and equitable
sharing of benefits arising from their utilization to the Convention on Biological
Diversity.
 The Nagoya Protocol will create greater legal certainty and transparency for
both providers and users of genetic resources by:
a) Establishing more predictable conditions for access to genetic resources.
b) Helping to ensure benefit-sharing when genetic resources leave the contracting
party providing the genetic resources.

44. Abbrevations

45. Abbrevations
WTO World Trade Organisation
IPR Intellectual Property Rights
TRIPs Trade Related Intellectual Property Rights
PPV&FR Act Protection of Plant Varieties and Farmers’ Rights Act
CBD Convention on Biological Diversity
ITPGRFA
International Treaty on Plant Genetic Resources for Food and
Agriculture
NBA National Biodiversity Authority
SBB State Biodiversity Board
BMC Biodiversity Management Committee
BHS Biodiversity Heritage Sites
PBR Peoples’ Biodiversity Register