This document discusses the Protection of Plant Varieties and Farmers' Rights Act of 2001 in India. It provides background on why the act was passed, its key objectives to protect plant breeders' and farmers' rights. It outlines the criteria for registering plant varieties including that they must be novel, distinct, uniform, and stable. The document also describes the process for applying for plant variety registration and receiving a certificate, including examination of applications and conducting DUS testing. The Protection of Plant Varieties and Farmers' Rights Authority was established to administer the act.

1. Welcom

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Presented byPresented by
Mr. PAWAR VINOD SHRIPATIMr. PAWAR VINOD SHRIPATI
Reg.No.2017/07Reg.No.2017/07
PRESENTATION ON
THE PROTECTION OF PLANT VARIETIES & FARMER’S ACT, 2001THE PROTECTION OF PLANT VARIETIES & FARMER’S ACT, 2001
AndAnd
THE PPV & FR RULES, 2003THE PPV & FR RULES, 2003

3. The PPV & FR act was passed on 30th
October 2001.
The PPV & FR rules were verified on 12th
September 2003
The PPV & FR authority was established in 11th
November 2005
Launching of registration of plant varieties was done on 20th
February 2007
Authority initiate process of registration of varieties of notified crops from 21st
may
2007
National Gene Bank Authority was established in 2007.
National Register on Plant varieties was opened in 2008
First certificate of registration for extant varieties were issued in 2008
22 Agro Bio diversity hot spot were identified in 2008
Certificate of registration for new varieties & farmers variety issued first time in 2009
Events of PPV & FR Act
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4. The Agreement on TRIPS requires WTO Members to introduce an “effective
system” for the protection of plant varieties .
Being a member of WTO and signatory of TRIPS, it was mandatory for India
to provide protection to plant varieties either by patent or by sui generis system
or by both. India exercised the sui generis option for protection of plants and
plant varieties .
The sui generis system means for effective protection of plant varieties. India
enacted ‘The Protection of Plant Varieties and Farmers’ Rights’ (PPVFR)
Act on August 9, 2001 , for plant variety protection by Lok Sabha .
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Why Protection for plants is require in India?

5.  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 development 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.
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THE PLANT VARIETY PROTECTION AND FARMERS RIGHTS ACT 2001

6. To establish an effective system for the protection of plant
varieties, the rights of farmers and plant breeders and to encourage the
development of new varieties of plants .
To recognize and protect the rights of farmers in respect of their
contributions made at any time in conserving, improving and making
available plant genetic resources for the development of new plant
varieties.
To accelerate agricultural development in the country, protect
plant breeders’ rights; stimulate investment for research and
development both in public & private sector for the development of new
plant varieties.
Facilitate the growth of seed industry in the country which will
ensure the availability of high quality seeds and planting material to the
farmers.
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Objectives of the PPV & FR Act, 2001

7. Registration of new plant varieties, essentially derived varieties (EDV ) and
extant varieties.
Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines
for new plant species Developing characterization and documentation of
registered varieties.
Cataloguing facilities for all variety of plants Documentation, indexing and
cataloguing of farmer’s varieties Recognizing and rewarding farmers,
community of farmers (from national gene fund ), particularly tribal and
rural community engaged in conservation, improvement, preservation of
plant genetic resources of economic plants and their wild relatives.
 Maintenance of the National Register of Plant Varieties Maintenance of
National Gene Bank.
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General functions of the Authority

8. 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 (PBRs) are intellectual
property rights that provide exclusive rights to a
breeder of the registered variety.
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What is plant variety protection and what purpose does Plant Variety
Protection (PVP) serve?

9.  A variety is a plant grouping within a single
botanical of the lowest known rank, defined by the
expression of the characteristics resulting from a given
genotype or combination of genotypes.
The variety should be distinguished from
other plant grouping by expression and should be
considered as a unit with regard to its suitability for
being propagated unchanged.
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What is a plant variety?

10. 1)New varieties: A variety which is not in public
domain in India earlier than one year before the date
of filing; or outside India, in the case of trees or vines
earlier than six years, or in any other case, earlier than
four years.
2 ) Extant variety : A variety which is notified under
Seed Act, 1966 or a variety about which there is
common knowledge or a farmer’s variety or any
other variety which is in public domain is
considered as an Extant variety.
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What are registerable plant varieties in India?

11. 3) Farmer’s variety : A variety which has been traditionally cultivated and
evolved by the farmers in their fields or a variety which is a wild relative or
land race of a variety about which farmers possess common knowledge.
4) Essentially derived variety (EDV ) by UPOV: A plant variety is taken to
be an essentially derived variety of another plant variety if :
a)It is predominantly derived from that other plant variety
b)It retains the essential characteristics that result from the genotype or
combination of genotypes of that other variety.
c)It does not exhibit any important (as distinct from cosmetic) features that
differentiate it from that other variety.
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What are registerable plant varieties in India?

12. Criteria for Protection A new plant variety shall be protected by
registration if it is novel, distinct, uniform and stable.
1.Novel : A new variety shall be deemed to be novel. If at the date of filing
of application for registration for protection, the propagating or
harvested material of such variety has not been sold or otherwise
disposed of by or with the consent of the breeder, for the purposes of
exploitation of such variety
(a) in India, for more that one year or
(b) outside India in the case of trees or vines, earlier than 6 years
or, in any other case, earlier than four years.
2. Distinct : A new variety shall be deemed to be distinct if it is
clearly distinguishable by at least one essential characteristic from any
commonly known variety.
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Criteria for Protection

13. 3. Uniform :
The new variety shall be deemed to be uniform if, subject to the
variation that may be expected from the particular features of its
propagation, it is sufficiently uniform in its essential characteristics.
4. Stable :
A new variety shall be deemed to be stable if its essential
characteristics remain unchanged after repeated propagation or, in
the case of a particular cycle of propagation, at the end of each such
cycle. The requirement of stability means that a variety must remain
true to its description/character even after repeated propagation .
Duration of protection for a registered plant variety:
Trees and vines - 18 years.
Other crops - 15 years.
Extant varieties - 15 years from the date of notification of that
variety by the Central Govt. under Seed Act, 1966
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14. Person claiming to be the breeder of the variety or his
successor or assignee.
A farmer or a group of farmers claiming to be the breeder of
the variety.
Any person authorized by any of the persons specified
above to make application on their behalf Any university or
publicly funded agricultural institution claiming to be the
breeder of the variety.
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Who can apply for the registration of a plant variety?

15. For this purposes of PPV &FR Act, 2001, Protection of Plant
Varieties and Farmer’s Rights Authority was established in October,
2005.
Head Quarters is located at ,
NASC Complex,
DPS Marg ,
Opp-Todapur ,
New Delhi-110 012
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Where to file the application for the registration of a plant variety?

16. THE PROTECTION OF PLANT VARIETIES AND FARMERS’
RIGHTS ACT, 2001
The PPV & FRA has also established two Branch Offices
1.Assam Agricultural University Campus, Khanapara, Guwahati
2.Birsa Agricultural University Campus, Ranchi
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17. Registration of Plant Varieties
1.Application (filing) With all details as required in the application
along with the registration fees
2.Initial Browsing Preliminary examination
3.If application in proper shape Acknowledgement receipt issued
4.File sorting done Unique Number allotted to each application
5.(a). Application issued for examination
(b). Simultaneous data entry in digital application
Denomination search for novelty and Distinctively Section14 and
23 Section 20
6. Examination Report submitted to Registrar Report
discussed and verified 17.11(b). Notice sent to the applicant
regarding clarification of opposition made.
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18. 7 . Communication made for submission of lacking
Information
8. Application accepted for further processing
9 . Applicants asked to submit DUS fee and seeds
10. Passport data advertised in the PVJ of India for
opposition .
11(i) Applicant fails to submit clarification within specified
time frame or Registrar not satisfied with reply Application is
to be rejected.
(ii) Applicant satisfies the Registrar application is accepted
and carry forward for registration Reply within 30 days
Section 20 (Within three months) Section 21 Within 2 months

19. 13. DUS report in accordance to data provided by
applicant
14. Registration done
15. Certificate granted
16. Protection 15 yr (6+) For other than tree and wine
18 yr
(9+) For tree and wine
17. Certificate Entitlement 12. DUS test carried out
11(a). No
Opposition Section 24 ( 1)/23(4 ) Section 24
( 2 )/23(8) Section 28(4)
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20. THE PROTECTION OF PLANT VARIETIES AND FARMERS’RIGHTS ACT, 2001
Rights of Breeders:
Breeders Rights extend to Seeds and / or Propagating material of the protected
variety to :
i) Production
ii) Selling
iii) Marketing
iv) Distribution
v) Export
vi) Import
(Similar to UPOV 91)
• However, if the breeders’ variety is essentially derived from a farmers’ variety,
the breeder cannot give any authorisation without the consent of the farmers or
communities from whose varieties the protected variety is derived.
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21. Farmers’ Rights :
i) Entitled to save, use, sow, re-sow, exchange, share or sell his farm produce
including seed in the same manner as he was entitled earlier (Seeds for sale
should not be branded) (essentially correspond to Farmers’ privilege in UPOV
78)
ii) Full disclosure of the expected performance of the Seeds or planting material
by the plant breeder. Where these fail to perform in the manner claimed by the
breeder, the farmer may claim compensation from the plant breeder.
iii) Reward the farmer “who is engaged in the conservation and preservation of
genetic resources of land races and wild relatives of economic plants and their
improvement through selection and presentation”.
(Similar to the concept of Farmers’ Rights in ITPGR)
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22. Researchers’ Rights:
Researchers’ Rights are recognised which grant them
free and complete access to protected materials for
research use in developing new varieties of plants.
However, authorisation of the breeder is required
“whose repeated use of such variety as parental line is
necessary for commercial production of such other
newly developed variety”. This provision in effect
uses the formulation provided for in UPOV 78 for
breeder’s exemption.
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23. Benefit Sharing :
i) For a variety registered as EDV, NGOs or individuals can claim
a share of benefits that may arise from its commercialisation on
behalf of any village or local community.
ii) Any individual or NGO can make a claim on behalf of a village
or local community for the contribution that they had made in
the evolution of any variety registered under the Act.
(Amount of Compensation as determined by an Authority
established under this legislation would be deposited by the
breeder in the National Gene Fund)
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24. Compulsory Licensing :
Priority attached to the public interest over the interests of commercial
breeders;
Granting of compulsory licences to ensure availability of seed /planting
materials of the protected variety in reasonable price, if :
i) Three years have elapsed since the date of registration;
ii) Reasonable requirements of the public for seeds or other propagating
material have not been satisfied;
iii) Seed/propagating material not available to the public at a reasonable
price.
The terms and conditions of a Compulsory licence should ensure :
reasonable compensation to the breeder
the licensee provide the farmers the seeds/propagating material in a timely
manner and at a reasonable price.
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25. Conditions Imposed on Applicants:
Applicant must declare that :
a) Variety sought to be protected should not contain terminator
gene
b) The genetic material or parental material has been lawfully
acquired. Applicant should provide the passport date of the
parental lines along with the geographical location in India from
whose the genetic material has been taken.
c) Contribution made by farmers, village community, institution or
organisation in breeding, evolution or development of a variety
and use of genetic material conserved by any tribal or rural
families in its breeding
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26. THE PROTECTION OF PLANT VARIETIES AND
FARMERS'RIGHTS RULES, 2003
These rules may be called the Protection of Plant Varieties and
Farmers' Rights Rules, 2003
(a)"Act" means the Protection of Plant Varieties and Farmers'
Rights Act, 2001 (53 of 2001);
(b) "Authority" means the Protection of Plant Varieties and
Farmers' Rights Authority established under
sub-section (1) of section 3;
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27. What plants are covered under the PPVFR Act, 2001
As of now following 18 plant species can be registered under the Act.
Cereals :
Rice, wheat, maize, sorghum, pearl millet
Legumes:
Chickpea , mungbean , urdbean , field pea, rajmash , lentil, pigeon pea
Fibre Crop:
Gossypium arboreum L. and G. herbaceum L. (Diploid cotton) and G.
barbadense L. and G.hirsutum L. ( Tetraploid cotton));
Jute :
Corchorus olitorius L. and C. capsularis L.
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28. Other plant species in the pipeline are
Mango [ Mangifera indica L.] ·
Indian mustard [ Brassica juncea L.] ·
Rapeseed [ Brassica rapa L.] ·
Gobhi Sarson [ Brassica napus L.] ·
Groundnut [ Arachis hypogaea L.] ·
Castor [ Ricinus communis L.] ·
Linseed [ Linum usitatissimum L.] ·
Sesame [ Sesamum indicum L.] ·
Sunflower [ Helianthus annuus L.] ·
Safflower [ Carthamus tinctorius napus L.] ·
Soyabean [ Glycine max (L.)Merrill]
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29. No. Action Official fee
1Conducting tests Dependent on the nature and type
test subject to a maximum of Rs.
50,000 per entry
2Fees 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
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THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT,
2001
Chapter No Title
I PRELIMINARY
II PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS
AUTHORITY AND REGISTRY
III REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY
DERIVED VARIETY
IV DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
V SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND
CORRECTION OF REGISTER
VI FARMERS’ RIGHTS
VII COMPULSORY LICENCE
VIII PLANT VARITIES PROTECTION APELLATE TRIBUNAL
IX FINANCE, ACCOUNTS AND AUDIT
X INFRINGEMENT, OFFENCES, PENALTIES AND PROCOEDURE
XI MISCELLANEOUS

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THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS RULES, 2003
Chapter No Title
I PRELIMINARY
II PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION
AUTHORITY
III REGISTRATION OF PLANT VARIETY
IV REGISTRATION AND BENEFIT SHARING
V SURRENDER AND REVOCATION OF CERTIFICATE OF REGISTRATION AND
RECTIFICATION AND CORRECTION OF REGISTER
VI FARMERS’ RIGHTS
VII COMPULSORY LICENCE
VIII FINANCE, ACCOUNTS AND AUDIT
IX MISCELLANEOUS
Form No PV 1 to PV 33
Schedule 1 to 4

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Schedule 1
Form No. Section and Rules Titles
PV 1 Section 16(1) (e) and Rule 25 Application for authorization.
PV 2 Section 18(3) and Rule 27(2) Proof of Right to file
Application
PV 3 Section 21(2) and Rule 31(1) Notice of Opposition
PV 4 Section 21(4) and Rule 31(5) Counter Statement
PV 5 Section 21 and Rule 33(6) Request for Extension of
Time
PV 6 Section 24(6) and Rule 39 Renewal of Registration
PV 7 Section 26(2) and Rule 41 Benefit Sharing Application
PV 8 Section 26(3) and Rule 42 Notice of Opposition
PV 9 Section 28(4) and Rule 45 Registration as an Agent or
Licensee

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PV 10 Section 28(9) and Rule 48 Application for Variation/Cancellation of the term of
Registration
PV 11 Section 28(10) and Rule 49 Notice of Opposition against variation/ cancellation of
the term of Registration
PV 12 Section 33(1) and Rule 50 Application to Surrender the Certificate of
Registration of a Plant Variety
PV 13 Section 33(3) and Rule 51(2) surrender the Certificate
PV 14 Section 33(4) and Rule 51(4) Notice of Intention to attend Hearing
PV 15 Section 34(4) and Rule 52 Application of Revoke Certificate of Registration
PV 16 Section 34 and Rule 53
Notice of Opposition to application to registration
Revoke Certificate of Registration
PV 17 Section 34 and Rule 53 (4) Application for an opportunity of being heard
PV 18 Section 36 (1) and Rule 55
Application for Cancellation or Change of the
Certificate of Registration of a Plant Variety
PV 19 Section 36 (2) and Rule 57
Application for correction in National Plant Variety
Register
PV 20 Section 36 (4) and Rule 59
Notice of Opposition for Application for correction in
National Plant Variety Register
PV 21 Section 37 (1) and Rule 60 Application of correction in national plant variety
breeder
PV 22 Section 37 (2) and Rule 61 Application for correction in National Plant Variety
Register by Registered Agent or Licensee

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Form No. Section and Rules Titles
PV 21 Section 37 (1) and Rule 60 Application of correction in national plant variety
breeder
PV 22 Section 37 (2) and Rule 61 Application for correction in National Plant
Variety Register by Registered Agent or Licensee
PV 23 Section 38 (1) and Rule 64 Application to alter Denomination of a Registered
Plant Variety
PV 24 Section 38 (2) and Rule 65
Notice of Opposition to Application to Alter
Denomination of a Registered Plant Variety
PV 25 Section 39 (2) and Rule 66 Application for Claiming Compensation
PV 26 Section 39(2) and Rule 67 (2) Notice of Opposition to Application for Claiming
Compensation
PV 27 Section 41(3) and Rule 68 Notice of opposition to application for claiming
compensation
PV 28 Section 47(1) and Rule 71(1)
Application for Grant of Compulsory Licence
PV 29 Section 47(3) and Rule 71(5) Notice of Opposition to an application for Grant
of Compulsory Licence
PV 30 Section 52(1) and Rule 73(1)
Application for Revocation Compulsory Licence
PV 31 Section 53 and Rule 73 (3) Notice of Opposition for Application for
Revocation of Compulsory Licence
PV 32 Section 81 and Rule 75 (1) Form of Authorization to Institute Suit
PV 33 Section 84 and Rule 76 Request for Certified Copy

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36. 36
A. Group Characteristics Remarks measured values, example
varieties, etc.
Flag leaf : Anthocyanin colouration of
auricles
Absent
Ear : Time of emergence (first spikelet
visible on 50% of ears)
Early
Plant : Length (excluding awns/ scurs) Medium
Awns or scurs : Presence Awns present
Outer glume : Pubescence Absent
Ear : Colour Dark Brown
Season : Type Spring Type
Grain : Hardness Semi-hard
B. Distinct Characteristics:
Gehun (Desi) has distinguishing characters as : Flag leaf: Waxiness of sheath: Strong,
Awns: Length: Medium, Grain: Germ width: Medium
C. Reference variety:
Dehati Gehun Lalka has distinguishing characters as Flag leaf: Waxiness of sheath:
Medium, Awns: Length: Short, Grain: Germ width: Wide

37. 37
CERTIFICATE ISSUED VARIETY
Reg.
No.
Category of
variety
Denomination
of variety
Application No. Applicant Date of
certificate
issue
196 of
2017
Extant Virat E2 CA 17 15 974 MPKV 29/05/ 2017
197 of
2017
Extant Kripa E3 CA18 15 975 MPKV 29/05/ 2017
199 of
2017
Extant Phule suchitra E1 SB14 15 2072 MPKV 29/05/ 2017
224 of
2017
New Phule chitra N10 SB14 9259 MPKV 28/07/ 2017
Source : Plant authority.gov.in

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39. Period of validity of certificate of registration is 9 years (extendable
up to 18 years) in case of trees and vines, and 6 years (extendable up to
15 years) in case of other crops.
The registration affords rights to farmers’ breeders, researchers &
communities.
 If the variety is not satisfactorily available to public, the
Government can issue compulsory license.
The infringement can occur if a variety is sold, exported, imported
or produced without the permission of the breeder of the registered
variety; or his agent, or deceptive denomination is applied to the goods.
The penalty for infringement can be an injunction and damages or
share of profit at the option of the plaintiff
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40. 40
 PPV & FR wikipedia
 plnat authority. gov.in
 principles of seed technology by phundan singh
 PPV &FR rules

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