Plant Variety and Farmers' Rights Plant Breeders' Rights (PBRs) gives plant breeders the right to protect new varieties of plants - so you may also see them described as plant variety rights (PVR). These rights are distinct from patent protection and are focused on the specific needs and interests of the plant breeding and propagation process, originally based on traditional plant breeding methods. The nature of the protected subject matter and the scope of the right itself are therefore linked to the specific nature of plant breeding and the way plant varieties are exploited. The protection only applies to new plant varieties as such, which are generally defined as the lowest level of taxonomy (or classification) within the plant kingdom - that is, plant varieties are distinct variations within a given species.
These rights protect breeders, farmers and researchers. As the breeding activities and exploitation of new varieties are the decisive factors for improving rural income and the overall rural economic development, the protection of new varieties of plants in an important issue.
Since the process of plant breeding is long and expensive, it is important to provide an effective system of plant variety protection with an aim to encourage the development of new varieties of plants for the benefit of society.
Our Services
Our group of biotechnologists and lawyers are competent to provide services for the registration of new varieties of plants and protection thereof.
Filing Requirements:
Requirements for the registration of new plant varieties are as follows:
1. Denomination assigned to such variety.
2. Accompanied by an affidavit that variety does not contain any gene or gene sequences involving terminator technology.
3. 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 or organization etc in breeding, evolving or developing the variety.
4. Characteristics of variety with description for Novelty, Distinctiveness, Uniformity and Stability (the DUS criterion).
5. A declaration that the genetic material used for breeding of such variety has been lawfully acquired.
6. 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.
The applicant shall be required to deposit the seed or propagating material including the parental line seeds of registered variety to the Authority. An applicant has to submit a fixed amount of seed sample (breeder seed) with prescribed germination percentage, physical purity and sanitary standards. The applicant shall also submit along with the seed / propagating the seed quality test report.
The Central Government of India has notified the following crops with their genera eligible for registration of varieties.
