Protection of New Plant Variety

Objects and purposes behind plant varieties protection law

To provide an effective system for protection of plant varieties, the rights of farmers and plant breeders, to encourage the development of new varieties of plants. It integrates:

i. necessary to recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new varieties,
ii. need to provide a protection to R&D which will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and plant material to the farmers,
iii. development of new plant varieties

To fulfill obligations under the Agreement on Trade Related Aspects of Intellectual Property Rights for giving effect to sub-paragraph (b) of paragraph 3 of article 27 in Part II of the said Agreement relating to protection of plant varieties

Procedure for registration

Assign a single and distinct denomination of the new variety from the existing ones;
By affidavit swear that such variety does not contain any gene sequencing to employ Terminator Technology;
Contain complete passport data of the parental lines from which the new variety had been derived;
State the geographical location in India from where the genetic material has been taken and also indicate, whether any farmer community or institution involved in breeding, evolving or developing the parental life;
Contain statement about its novelty, distinctiveness, uniformity and stability;
A declaration that the genetic material used for developing the new variety had been legitimately acquired;
Be accompanied with the prescribed fees;
Provide sample seeds with the application to enable the Registrar to conduct tests and the applicant should bear the costs of such testing.

 

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