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Protection of Plant Varieties, Breeders’ Rights and Farmers’ Rights in India

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 Training Manual
ikS-fd- Ñ-va-l-izk
PPV FRA

Breeders' Rights PPV&FR Act Farmers' Rights

Rights & Benefits Sharing

R. Karuppaiyan
Bakshi Ram
Mintu Ram Meena

Sponsored by: Organized by:

Protection of Plant Varieties and Sugarcane Breeding Institute
Farmers Right Authority (Indian Council of Agricultural Research)
Govt. of India, New Delhi-12 Regional Centre, Karnal-132 001 (Haryana)
Correct Citation

R. Karuppaiyan, Bakshi Ram and Mintu Ram Meena 2011. Protection of Plant Varieties,
Breeders' Rights and Farmers' Rights in India. Sugarcane Breeding Institute, Regional Centre,
Karnal-132 001 (Haryana). Training Manual No. SBIRC-KNL-02/2011

Month Published : December, 2011

No. of copies : 250

Published by : Dr. N. Vijayan Nair

Director
Sugarcane Breeding Institute
Coimbatore-641 007 (Tamil Nadu)

For further information contact

Dr. Bakshi Ram

Head
Sugarcane Breeding Institute (ICAR)
Regional Centre, Karnal-132 001 (Haryana)
Phone: 0184-2268096 Fax: 0184-2265723

Sponsored by :

Printing By Vaishali Printers, Karnal

 FOREWORD
Improved plant varieties have contributed significantly to agricultural development and
growth in the country. In India, plant breeding researches have been largely confined to
public funded Institutions and the improved, high yielding varieties and hybrids developed by
these Institutions have contributed significantly to increase productivity in agricultural and
horticultural crops, benefitting millions of farmers in the country. The publicly funded
research institutions did not derive any intellectual property rights over the plant varieties
they developed, since their activities were governed by government policies and priorities.
However, the issue of granting intellectual property rights, more specifically the plant
breeders' rights to the new plant varieties arose when this subject was included as part of
trade negotiations in the Uruguay Round of talks held during September 1986 and India
became signatory to the Trade Related aspects of Intellectual Property Rights (TRIPS)
Agreements of WTO on 1st January 1995.
To honor the commitments made under TRIPS agreement and at the same time to
safeguard the interest and rights of farmers, to stimulate public and private investment in
plant breeding research and to facilitate growth of seed industry so as to make available
quality seeds and planting materials, India has adopted a sui generis legislation called “The
Protection of Plant Varieties and Farmers' Rights Act” in 2001, giving concurrent rights to
breeders, researchers and farmers. To implement the Act, an apex body called Protection of
Plant Varieties and Farmers' Rights Authority was established on 11th November 2001.
Since the PPV & FR Act is new to farmers, researchers, other stake holders and
general public, the PPV & FR Authority is organizing programmes across the country to
create awareness on the Act and its provisions. Sugarcane Breeding Institute (SBI) is
partnering with PPV & FRA in organizing awareness programmes on PPV & FR act at the
Main Institute at Coimbatore and its Regional and Research Centres located at Karnal and
Agali. The first Workshop on PPV & FR Act was held at the SBI Research Centre, Agali in
Kerala State on 4 November 2011, which was attended by a large number of researchers,
th

students, farmers, NGOs and general public. Further two workshops have been scheduled
to be conducted at the SBI Regional Centre, Karnal (Haryana) for the benefit of
researchers, teachers, students, technical persons and extension officers of agricultural,
horticultural and forestry Departments. In this connection, a training manual has been
prepared including current updates on the subject for the use of the participants. I hope that
the participants will find this manual informative and useful to them.

(N. V. Nair)
Director
Sugarcane Breeding Institute
Coimbatore-641 007
 CONTENTS

Chapter Title Page No.

1 Historical developments related to protection of 1

intellectual property rights, breeders’ rights and farmers’
rights

2 The protection of plant varieties and farmers’ rights Act - 17

2001

3 Rights and benefits sharing under PPV & FR Act 24

4 Procedures for filing application for registration of 29

varieties under PPV&FR Act

5 National guidelines for conducting DUS test 34

6 Progress in registration of plant varieties 49

7 Protection of unreleased plant varieties and 54

genetic stocks

References 58

Addendum 1: Application Form 1 60

Addendum 2: Technical Questionnaire 65

 CHAPTER 1
Historical Developments Related to Protection of Intellectual Property Rights,
Plant Varieties, Breeders' Right and Farmers' Rights
Agriculture research in India including breeding of new plant varieties have largely
taken by public sector institutions and plant genetic resources found on its soil, including
wild species, landraces, farmers' varieties, improved varieties evolved by professional
plant breeders were considered as public property and in fact, the need for its protection
was not felt earlier. In the pre-independent India, an Act called Indian Patent and Design
Act (IPD Act, 1911) was enacted which during the post-independent period amended and
renamed as Indian Patent Act, 1970 and Design Act, 1911. The Patent Act, 1970 did not
allow 'product' patent in pharmaceuticals, food and agrochemicals and 'methods' of
agriculture and horticulture. So India did not have any legislation earlier to protect plant
varieties. However, after India become a signatory of World Trade Organization (WTO) on
1 January 1995, more specifically its Trade Related Aspects of Intellectual Property
st

Rights (TRIPS) agreement, a legislation for protection of plant varieties was necessitated.
The Article 27.3(b) of TRIPS agreement insists that member countries shall provide for
the protection of the plant varieties either by patents or by an effective sui generis system
(=its own kind) or by any combination thereof. India, instead of adopting patent, during
2001, has adopted a sui generis system (legislation) of plant variety protection integrating
the rights of the breeders, researchers, farmers, and taking care of the concerns on
equitable sharing of benefits arising from the commercialization of plant varieties. This
legislation is called “Protection of Plant Varieties and Farmers' Rights Act 2001”, in
short PPV & FR Act 2001. After framing the rules in 2003, the PPV & FR Act came into
force in 2005, the procedural details for the registration of 45 crop species were
completed by December 2011. Applications for registration of plant varieties were
received from May 2007, and so for 228 varieties of various kinds have been registered.
For a detailed understanding and appreciation of various terminologies, procedures,
rights and provisions of this Act, readers are given glimpse of national and international
developments that have taken place before the enactment of PPV & FR Act.
1.1 Intellectual Property Rights
The dictionary meaning of 'property' is 'estate' whether lands, goods or money. Such
property is also called tangible property, material or physical property. The ownership of
and associated rights of material property are protected by laws of the land. Whereas, the
“intellectual property' refers to the creation or products of mind; it may be an invention, an
innovation, an idea, a design, a manuscript which can leads to useful products or
application. Inventiveness and creativity are the features that have differentiated the
1
mankind, in the course of evolution, from all other living beings. However, intellectuality,
innovativeness and creativity are the intangible property vested with certain individual
alone. The intangible products of human mind are sometime more valuable than the
physical properties that a person own. For the technological, industrial and economic
growth and development of any society innovations plays a major role. Therefore, many
countries are giving increasing attention to encourage creative and innovative activities.
For its growth and development any society needs intellects as well as the products,
technologies, processes, etc arising from the application of intellectual inputs.
Sometimes, for the development of intellectual properties, in addition to intellectual
inputs, ingenuity and innovativeness a considerable amount of investment and other
resources are required. Therefore, it is natural that an inventor should get reward that is
proportionate to the benefit accruing to the society from his invention. The rights of
inventor to derive economic benefits from his invention or intellectual property are called
Intellectual Property Rights or IPR. Unfortunately, a major problem with intellectual
property is that once it is made public or disclosed it can be easily copied or imitated
thus minimizing the benefits to the owner of invention. In view of it, an inventor demands
exclusive rights on the commercial aspects of his invention as well as measures from
the Govt. to prevent third party from coping, using or misusing or commercializing his
intellectual properties (may be a product or process) without his permission for a certain
period of time. As technological, industrial and economic growth of countries advances,
protection of IPR is also assumes greater significance and becomes concern not only in
one country but globally. The IPR protection has received enormous attention since 1986
when it was included in the Uruguay Round of talks under GATT.
1.2 GATT and WTO
To set right the trade distorts happened among nations after Second World War,
the General Agreements on Tariffs and Trade (GATT) came into being, in 1948. The
GATT was initially concerned with framing rules on multinational trade in goods and
quotas. India was the founding member (out of 23 members) of GATT. In the 8 Round
th

of GATT negotiations held during September 1986 at Uruguay (hence called Uruguay
Round) besides the trade in goods, three new areas namely, i) investment, ii) intellectual
property rights (IPR) and iii) services, were included in the negotiating agenda. Even in
the goods sector, the multilateral negotiations covered new subjects like agriculture,
textiles, clothing, etc. The move to include IPR in to the ambit of GATT was perhaps
spearheaded by coalition of multinational companies (MNCs) and it was opposed by
developing countries. This led to a compromise to only deal with the “trade related
aspects of intellectual property rights” abbreviated as TRIPS (instead of all IPRs). At the
end of Uruguay Round of talks, a declaration was approved to launch a new round of
2
trade negotiations including negotiations on TRIPS, and trade in counterfeit goods.
Owing to strong apprehensions of inclusion of new subjects in the GATT, the
negotiations encountered difficulties and no decisions were arrived for nearly 5 years. At
this point of time, the Director General of GATT, Dr. Arthur Dunkel prepared a draft, in
1991, which includes all points agreed up to that time and the remaining issues to be
resolved by him (assuring that it would be acceptable to all member countries). This
document is popularly called “Dunkel Draft” or “no-options text” as all options were
dropped. After 7-8 years of negotiations, the member countries accepted the
agreements of TRIPS and in the ministerial level meeting held at Marrakesh, Morocco
on 15 April 1994, the negotiation was signed by the member countries. The structure
th

and organization of GATT was replaced, as a successor of GATT to administer the

provisions of multilateral agreements on trades in goods, services, IPRs, etc the World
Trade Organization (WTO) was created, in 1994, through the multilateral agreement
(the GATT was henceforth called WTO). The WTO came into force from 1 January
st

1995 with its HQ at Geneva. Till 2008, 153 countries have joined WTO. India is one
among the founder members of WTO.
The final text of WTO contains 18 multilateral and 4 plurilateral trade agreements,
16 articles and 4 annexes. The WTO agreements related to agriculture are: i) annex
1A(2) Agreement on Agriculture (AoA), ii) annex 1A(3) Agreement on Sanitary and
Phytosanitary Standards (SPS), iii) annex 1A(5) Agreement on Technical Barriers to
Trade (TBT) and iv) annex (1c) Agreement on Trade Related aspects of Intellectual
Property Rights (TRIPS). The TRIPS agreement is the most comprehensive multilateral
agreement on IPR to-date. The TRIPS agreement sets minimum standards for
protection of intellectual property rights (IPRs) in seven identified areas in national
legislations of member countries and all the member countries of WTO are obliged to
meet all the articles of TRIPS. They were given a period of 5 years (till December 1999)
to suitably amend their IPR laws; the period was extended to another 5 years (till Dec
2004) for the least developed countries. The TRIPS agreement also provides protection
of new variety of plants.
1.3 Categories of IPR under TRIPS agreement
The Agreement on TRIPS of WTO has recognize the following 7 forms of IPRs.
1.3.1 Copyrights and Related Rights (dealt under Article 9 to14 of TRIPS agreement):
Copyrights is the legal rights granted to an author/editor of a book, composer, play
writer, publishers, distributors, etc for publication, production, sale, distribution of a
literary, artistic, musical, dramatic works, choreography, cinematographic film, sound
recording, etc. Computer programs (softwares) were included as copyrightable properties
(it can also be patented). Copyright laws gives protection only for the 'expression'
3
available in fixed medium for specific period of time against copying of or reproduction
of as such of copyright materials in toto or in part but not for the ideas, information
contained in the copyright materials, method of operation, procedures, mathematical
concept as such. Related rights (also called neighbouring rights) is similar to authors'
right but which are not connected with the actual author of the work e.g. rights granted
to protect the performers, producers of phonograms and television broadcasting
organizations in the performance of their works. Copyright is governed by Berne
convention (1886 & 1979) whereas, neighbouring rights is governed by Rome
convention (1961). The registration is not compulsory for copyrights, but desirable.
Copyright is an unregistered right. Copyright is valid in all the countries and the period
of protection varied from 70-120 years. India's Copyright Act 1957 was amended in
harmony with TRIPS during 1994 and 1999. It is at par with international standards.
1.3.2 Trademark Rights (Article 15-21 of TRIPS): A trademark (also called brand name)
may be a letter, word (e.g. Kodak), name (e.g. Ford), symbol ( ), number (e.g. 7/11)
or combination thereof (e.g. Coco-Cola) which is used to identify or distinguish goods
and services of one company from the goods and services of another. Member counties
of WTO are obliged to provide protection of trade mark for an initial period of 7 years
but can be renewed indefinitely. The Trade and Merchandise Marks Act 1958 of India
have been revamped and a new Trademarks Act, 1999 came into force. Trade mark
Registry Offices (under the Controller General of Patents, Design and Trade Marks) are
located in New Delhi, Kolkata, Ahmedabad and Chennai with its Head Office at Mumbai.
The legend /symbol ® is used for a registered trademark whereas, ™ or SM denotes an
unregistered trade mark / service mark used to promote or brand goods. Trade mark is
different from Certification marks, the latter are given for compliance with defined
standards, but are not confined to any membership. They may be granted to anyone
who can certify that the products involved meet certain established standards. Agmark
certificate and ISI or ISO certificates are examples of certification marks.
1.3.3 Geographical Indications (Article 22-24 of TRIPS): GI is an indication, which
identify a goods (agricultural, natural goods or manufactured goods) as originating in the
territory for a country or a region or locality in that country, where a given quality,
reputation or other characteristics of the goods is essentially attributable to its
geographical origin. Some products originating from a specific geographical region has
reputation in the market because of the unique climatic characteristics of the place e.g.
Scotch whiskey, Champagne wine, Kinnauri Shawl, Puneri Pagadi, Tirupati Laddu,
Lucknow Chikan Craft, Thanjavur Doll, Basmati rice of Indo-Gangetic belt, Foot hills of
Indian Himalaya and Pakistan, Darjeeling tea, Alphonsa mango, Guntur chillies, Malabar
pepper, Cochin ginger, Kanchipuram and Banarese silk saree, Gir Kesar Mango,

4
Kolhapuri chappal, Bikaneri bhujia, Agra Petha, Rampuri knife, Palakad matta rice,
Pokkali rice are some of the registered GI in India. The GI tells consumers that the
product is produced in a certain place and has certain characteristics that are due to that
place of origin. There are chances of misusing geographical names and applying to
goods or products not originating from the said geographical regions. The use of
Registered GI marks prevents the unauthorized and misleading use of geographical name
by others and thus helps in export of quality products. The member countries of WTO are
supposed to provide protection of GI as per the guidelines of TRIPS. In 1999, India has
enacted The Geographical Indication of Goods (Registration and Protection) Act which
came into force from September 2003. The Office of the GI Registry is located at
Chennai. Any association of persons or producers or any organization or authority
established by or under the law can apply for registration of GI. The GI mark is granted
for a period of 10 years which can be renewed for further period of 10 years each.
1.3.4 Industrial Design (Article 25-26 of TRIPS): An industrial design refers to any
original shape, design, configuration, pattern, ornament or combination thereof applied to
a finished article by an industrial process or means, whether manual mechanical or
chemical, as result of the design the finished products give good appeal to the eye. The
industrial design is a result of creative activity giving ornamentation to the goods. The
protection of textile design is emphasized in the TRIPS. In India, the Design Act, 1911
was replaced and a new Design Act, 2000 was enacted. Initially the design is registered
for a term of 10 years and can be renewed for further period of 10 years. The design
which are new or original and has commercial application is protected but not the finished
product e.g. design of woodland shoe, design of logitech mouse, design on saree, etc.
The registration is done in the Patent Office, Design wing, Intellectual Property Office
Building, Kolkata or at branch office at New Delhi, Mumbai and Chennai
1.3.5 Patents (Article 27-34 of TRIPS agreement): Patent is an official license/ statutory
rights granted by a Govt. to an inventor, in exchange of full disclosure of his invention, for
a specific period of time for manufacturing marketing his product/ process/ invention and also
prevents others from copying/misusing his invention. The TRIPS agreement stipulates that
member countries are obliged to ensure that patent shall be available for any inventions,
whether 'product' or 'process' in 'all field of technology' provided that the invention satisfy
three criteria namely:-i) novelty or new i.e. the invention should not have been in public
domain anywhere in the world on the date of filing of application for patent, ii) involves an
inventive step i.e. the invention should not be obvious for a person skilled in the area, and iii)
capable of industrial application or useful for the society. If any of these three criteria is
absent in the invention, it can't be patented. The period of protection varies from 15-20 years
from the date of filing of an application or from the date of grant of patent. The inventor is

5
required to disclose his invention in sufficient details so that a person of normal skill is able
to reproduce it. The disclosure of an invention gives an opportunity to other inventors to
improve upon it so that it becomes more efficient and useful. This in turn, results in
scientific and economic progress of the society or nation. Hence, patent may be viewed as
a contract between the Government and inventor where the inventor discloses his invention
in return for the protection granted to him by the Government to control the commercial
aspects of his invention to the extent that it is not detrimental to the society.
1.3.5.1 Patentable and not patentable inventions? Article 27 of the TRIPS agreement
discuss on patentable subject matter as reproduced below.
 Article 27.1 Patents shall be available for any invention whether
products or processes in all field of technology. Patent shall be enjoyable
without discrimination as to the place of invention, field of technology and
whether products are imported or locally produced.
 Article 27.2 Members may exclude from patentable of invention, the
prevention within their territory is necessary to protect pubic order or morality
including to protect human, animal or plant life or health or to avoid serious
prejudice to the environment.
 Article 27.3 Members may also exclude from patentability :- (a)
diagnostic or therapeutic and surgical methods of treatment of humans and
animals, (b) plant and animals other than microorganism and essentially
biological processes. However, members shall provide for the protection
of plant varieties either by patents or by an effective sui generis system
or by any combination thereof (sui generis refers to any system a
country decides on).
In short, processes such as method of DNA isolation, computer softwares, machines
including devices and apparatus, articles of manufacture including mechanical electrical /
electronic devices, and composition of matter such as chemicals, medicines, DNA, RNA,
etc. are patentable. But ideas, mathematical and business procedures, mental processes,
law of nature, physical phenomena, new minerals found in nature, insect or plant discovered
or found in the wild, and invention that are not new or useful or that are against public
morality are not patentable. Some example of patent filed in India are, Computer Memory
buffer by Intel Corporation and a safety razor blade by Gillette Company, Multiplex PCR
method for rapid and specific identification of cytomegalovirus by Vision Research
Foundation.
Many provisions of the Indian Patent Act 1970 were not consistent with TRIPS
agreement hence comprehensive amendment of the Indian Patent Act, 1970 was made
since 1999. For more details the readers may go through the Patents (Amendment) Act -
1999, 2002 and 2005 available at website http://ipindia.nic.in/ipr/patent/patents.htm. The term
6
of protection in India is 20 years. Patent Office (under the Controller General of Patents
Designs and Trademark) is located at Intellectual Property Office Building, Kolkata with
branch Offices at New Delhi, Mumbai and Chennai.
With regard to the Article 27.3(b) of TRIPS, the readers may note that plant varieties
are developed through years of painstaking efforts, combining the art and science of
manipulating genes and selecting the best one. The varieties, therefore, regarded as
intellectual properties of breeder who have developed it. However, there are some practical
difficulties in patenting them. Plant varieties ordinarily contain only new combinations of
existing genes/alleles. Therefore, they may not fulfill the inventiveness criteria of patent.
Plants do not produce identical offspring, its stability is influenced by environment and
therefore exact description of new variety is difficult. In the past history, industrial patents
have largely been given to inanimate materials. Further, securing patent is a costlier and
under patent regime no exemption or privilege is available to researchers and farmers.
Therefore, by exploiting the flexibility granted in TRIPS (i.e. sui generis system), India has
enacted the Protection of Plant Varieties and Farmers' Rights Act in 2001. At the
international level, the International Union for the Protection of New Plant Varieties (UPOV)
is regulating plant variety protection legislations and plant breeders' rights since 1961.
However, the UPOV convention, 1991 does not recognize farmers' rights and benefit
sharing. Looking from the above context, the Indian legislation on plant varieties protection
is the first of its kind in the world to give formal rights to farmers without jeopardizing the
rights of researchers and plant breeders. The criteria for patentability are novelty, non-
obviousness and utility whereas the criteria for registration of new plant varieties under
PPVFR Act 2001 are novelty, distinctiveness, uniformity and stability. The PPV&FR Act
provides exemptions for researches/breeders, allowing them to use protected varieties for
further breeding/research and rights to farmers to sow, resow, sell or save seeds of
protected variety from their harvest. In case if a breeder used a local variety or germplasm
for breeding a new variety, he is required to share a portion of the benefits with the
custodian of the local variety or community who conserved and selected the germplasm.
1.3.6 Layout Design (topographies) of Integrated Circuits or Mask work Rights (Article
35-38 of TRIPS): A mask work is a two or three dimensional layout or topographies of an
integrated circuit (IC or chips) arranged on the chips of semiconductor device such as
transistors or on a passive electronic components such as resistors and interconnections.
Chips are increasingly used in day-to-day electronic items. Designing of a chip is a tedious
and time consuming activity but copying of an IC is comparatively easy hence some from
of protection is given to check the IC design piracy. Countries like USA, Canada and
Australia have their own laws for the protection of IC topography. India has passed the
Semiconductor Integrated Circuit Layout Design Act in 2000. The term of protection of layout
design is 10 years from the date of first commercial exploitation.

7
1.3.7 Protection of Undisclosed Information (Trade Secret) and Test data (Article 39 of
TRIPS): A trade secret is any information, formula, pattern, device, etc. which is used in
ones business and which gives the business an advantage over competitors who do not
know how to use it. The company maintains the information as secret and generally not
known to public (the information has commercial value because it is secret). There is no
specific period for protection of trade secret. It is protected as long as the secret is
unrevealed. There is no need of registration of trade secret. However, the need for protection
of trade secret arises when a company/firm approaches “approving authority” for its
commercial exploitation. For example some test data of pharmaceuticals and agricultural
products which require statutory clearance from the Govt. are also secret in nature. Member
countries of TRIPS are obliged to protect against unfair and unlawful commercial use of
those data which have been submitted for approval. As a part of business contract one firm
may transmit to others the confidential information. The party to whom the confidential
information has been transmitted is not allowed to reveal the information to a third party as
well as to utilize the secret information for him during subsistence of the contacts. Sometime,
the technology for manufacture of a product may be known but the way of using it may be a
secret and will be in the custody of a particular family/ person/firm. The hybrid varieties of
crop plants marketed in India by private companies are known to public but the parental lines
used in the breeding of may be kept as secret. In India, no exclusive legislation exists for
trade secret but the matter is generally covered under the Contract Act, 1872.
1.4 Plant Breeders' Rights (PBR) and Need for Protection of Plant Varieties
Development of a new plant variety is as much of an innovation as invention of a
machine or product. Therefore a plant variety should be regarded as an intellectual property,
the rights to benefit from it need legal protection. The concept of Plant Breeders' Rights
(PBR) have originated in the developed countries, where private companies have been
important players in plant breeding research, seed production and marketing. PBR are the
rights granted to a plant breeder or owner of a variety to exclude others from producing or
commercializing the propagating material of that variety for a period of 15-20 years and
excluding others from unauthorized use of his variety for commercial purpose. One can
understand that to meet the food and nutrient demand of the ever increasing populations as
well as to exploit export potential of agricultural commodities, development and cultivation of
new plant varieties having higher nutritive values, better consumer preference, higher
industrial values, higher yield, greater resistance to biotic and abiotic stresses, better quality
and longer shelf life, low input requirement, etc are essential. To meet this end the plant
breeding programmes based on conventional and biotechnological methods requires heavy
investments, both in scientific manpower and in economic terms. Now a day, it is not only
the public sector Govt. Institutions but also private sector institutions and multinational
companies are investing in plant breeding, biotechnology and seed research. Evolving a new
variety is a long process, expensive and involves scientific intelligence and skill of a breeder.
8
However, once a variety is evolved, it is easier to reproduce, multiply or sell the seeds of
improved varieties without the knowledge or consent of the breeder who developed it. If there
is no means of being recompensed for the commitment and investment a breeder or
company put on the varietal improvement programme, then private firms will not be interested
in investing in breeding research. Private participation in research is as good as it would
create competitive research environment which in turn leads to development of better
varieties, the benefit arising out of the improved varieties will ultimately go to the society /
nation. It is therefore, understandable the new varieties evolved by the breeders have to be
protected from misuse as well as the breeders should be granted exclusive rights to get
monetary benefit from his variety. In short, the society need better plant varieties and at the
same time the breeders needs protection of his variety.
In developing countries where plant breeding research is mostly carried out by Govt.
Institutions, the need for protection of plant varieties arises on account of preventing bio-
piracy. Bio-piracy refers to the unauthorized use of plant genetic resources and traditional
knowledge associated with it (which may be held by the tribal communities) by companies or
persons who later patent them for their own benefit. With the globalization of patenting life
forms through TRIPS agreements, the multinational companies (MNCs) operating in
technologically rich developed countries (these countries are generally poor in plant genetic
resources) started illegally obtaining farmers' varieties / landraces / germplasm/ improved
varieties held in trust by the tribal/farming communities, public sector agriculture research
institutions of the gene rich developing countries (which are technologically poor) at free of
cost and later on obtaining patent on plant variety incorporating genetic materials by
biotechnological means and also misappropriating the profits from the patents without transfer
of technology and sharing of benefits from whom the germplasm was taken.
1.5 International treaties, Conventions and Policies on Plant Variety Protection (PVP),
Breeders' Rights, Farmers' Rights before the enactment of PPV & FR Act.
The concern for protection of IPRs, plant genetic resources, breeders' rights, farmers' right
and community rights were not limited to GATT or WTO alone. United Nation / international
organization such as FAO, Convention on Biological Diversity (CBD), World Intellectual
Properties Organization (WIPO), International Union for Protection of New plant Varieties
(UPOV) and also the Seed Policy of India (2002) were also seized with issue of IPRs
associated with biological resources. These international treaties or conventions have paved
the way for gaining understanding of various dimensions and implications of IPR issues
associated with plant genetic resources occurring in India and guided in intelligently drafting
PVP legislation in India. Brief note of the above treaties and conventions are given below.
1.5.1 UPOV (Union Internationale pour la Protection des Obstentions Vegetales)
Before 1960s, some of the developed countries have given different kinds of plant
breeders' rights in their national law. In order to harmonize the PBR laws of different
9
countries, an International Union for Protection of New plant Varieties (UPOV) was
established in 1961 (UPOV convention was signed in Paris) with a membership of only 7
European countries. The UPOV at present (July 2011) has 70 members. It is the only inter-
governmental convention on plant breeders' rights. The member countries are required to
grant PBRs either by adopting UPOV model or by evolving sui generis system (India is not a
member of UPOV). The UPOV 1961 convention was revised in 1972, 1978 and 1991. So for,
it has developed 263 test guidelines for registration. The UPOV Act 1978, UPOV Act 1991
and its test guidelines are important reference points on PVP legislation of many countries.
The major features of UPOV 1978 and 1991 Conventions are presented below.
Features UPOV Act 1978 UPOV Act 1991

Crops / species Varieties of nationally Extended to varieties of all

included in protection defined plant species. plant genera and species.

Varieties must have Varieties must be 1) Novel,

Requirement for
1) Distinct iveness, 2) Distinct, 3) Uniform and
protection
2) Uniformity and 3) Stability. 4) Stable.
Minimum duration of 15 years 20 years
protection (18 years for trees & vines) (25 years for trees & vines)
Scope of protection is
Commercial use of the
extended to “ all materials -
reproductive or vegetative
Scope of protection propagating and harvested
propagating materials of the
materials” of the protected
protected varieties.
variety.
Yes, except for essentially
Breeders’ exemption Yes.
derived varieties (EDV)
Silent, as decision on this
Farmers’ privilege In practice, yes. issue is left to the national
law of member countries.
Let us briefly examine the rights granted to the breeders and exemptions or privilege
available to researchers under UPOV Conventions 1978 and 1991.
Breeders' Rights: The member countries of UPOV conventions are obliged to confer
exclusive rights on the breeders or his successors, his agent to produce or reproduce, sell,
market, distribute, import and export of seeds of his variety as well as prevent infringement
of his variety by others. Under the UPOV Act 1978, the minimum rights that must be granted
to the breeder relates to the commercial exploitation of the reproductive or vegetative
propagating materials of his new variety (his rights does not extend to the harvested
materials of the protected variety). However, in the UPOV Act 1991 breeder's rights was
extended to propagating materials and also the harvested materials of his variety subject to
certain condition i.e. the minimum rights of the breeders to the harvested materials of his
protected variety will hold:- i) if the harvested materials is obtained through the unauthorized

10
use of the propagating materials of the protected variety, and ii) if the breeder had no
reasonable chance to exercise his right over the propagating materials of his variety.
Exemption for researchers / breeders: Under the UPOV model, the use of material of a
protected variety (initial variety) for the development of new varieties is exempted from
protection i.e. the authorization of the holder of PBR is not required for the use of his
variety for research purpose, including its use in the breeding of new varieties. The PBR for
the newly evolved variety (using the protected variety) will be of the breeder who developed
the new variety and the holder of PBR title of 'initial variety' will have no claim on it. This
provision is called breeders' exemption. However, breeders' exemption is not available to an
essentially derived variety (EDV) as its breeding procedure involves repeated use of the
protected variety. An EDV is the variety predominantly derived from another (initial) variety,
which retains the expression of the essential characters from the genotype or combination of
genotype of the initial variety. Thus, a variety produced by mutation or repeated backcross
with initial variety or introgression/transformation of one or two alien gene(s) by genetic
engineering method (e.g. transgenic variety) will be considered as an EDV. The breeder of
EDV is required to obtain prior permission from the PBR title holder of initial variety before
marketing the seeds of an EDV.
Farmer's privilege: From the inception of UPOV in 1961, the PBR systems generally allow
the farmers to use 'harvested materials' of protected variety produced in his field for planting
of their new crop without any obligation to the PBR title holder. This exemption is usually
referred as farmers' privilege. But in the UPOV 1991 act, the farmers' privilege has not been
mentioned initially, but due to strong opposition the privilege now has been made 'optional'
i.e. left up to the national law of member countries. The readers may note that as per
UPOV Act 1991, farmers privilege applies to the use of seed produced by farmers for
sowing his “own field”. It does not extend to seed produced by another farmer. Hence, the
UPOV system does not allow farmers to exchange seeds of protected variety. But, farmers'
privilege is very important provision for countries like India where 70% of the cropped area
is sown with seeds produced by farmers. Further, majority of the farmers in developing
countries are poor, illiterate and succumb to economic burden if they are forced to pay
royalty on seed (of protected variety) produced and used by them.
1.5.2 FAO initiatives on Farmers' Right and Sharing of Plant Genetic Resources
Plant genetic resources for food and agriculture (PGRFA) are crucial for feeding the
world, human and livestock. PGRFA is constituted by materials that farmers have selected
and conserved. These are the base materials for modern plant breeding programmes to
improve the quality and productivity. No single country in the world is rich in PGR for
ensuring food and feed security of the people at now and in future. The crop plants
cultivated in present day agriculture is believed to have originated and domesticated in
different regions of the world. Region with abundant genetic diversity is called “Centre of

11
origin / Centres of diversity” of that particular crop plant. The Russian Scientist N.I.Vavilov
have described 8 Centres of origin for cultivated crops, most of them are located in
developing countries like Latin America, Africa, Asia and Polynesia. Farmers of these
regions, from the period of domestication of crop plants, have made profound contribution in
generating a wealth of genetic variability in crop plants and conserving the variability over
years with a matching traditional knowledge on each of the landraces or farmers' varieties
and wild relatives of crop plants. With the genetic diversity in different crops spread across
many countries, there is inevitable inter-dependence and cooperation among countries is
required to sustain their agriculture production and food security.
FAO has recognized that 'free exchange' of germplasm is vital for ensuring food and
agriculture security. The present day agricultural growth of many countries had happened
only with the free exchange of and spread of crop and crop varieties across community and
countries. Unfortunately the IPR on plants, genes, genomes has come as a major hurdle to
the free exchange. In the early eighties, farmers and breeders of developing countries were
freely providing the genetic materials to the technology rich Western plant breeding system
and seed companies. The varieties developed from these were being protected by such
companies through plant breeders' rights. To consider this issue at inter-government level,
the Food and Agricultural Organization (FAO) of United Nations has set up a Commission
on Plant Genetic Resources, under Article VI of the International Undertaking on Plant
Genetic Resources (IUPGR), under the chairmanship of Dr. M.S. Swaminathan in 1983.
Human selection is as much responsible for genetic variability in economic plant as natural
selection. Therefore, Dr. M.S. Swaminathan has introduced the concept of farmers' right and
taken the case at inter-government level. Following a sequence of discussions at the
commission, the concept of Farmers' Rights was finally adopted by the FAO in a
Conference in 1989. The aim was to recognize and reward the farmers and farm women
who over countries have helped to conserve and select a large proportion of global genetic
diversity of crop plants. When the UN Convention on Biological Diversity (CBD) came into
effect, there was need to harmonize the FAO's IUPGR with the clauses of CBD. Therefore,
the inter-government negotiations to revise the IUPGR were launched and concluded with
the adoption of International Treaty on Plant Genetic Resources for Food and Agriculture
(ITPGRFA) in November 2001. The treaty came into force from June 2004. As on 2006,
126 of the 189 member countries have ratified the treaty including India. Salient points of
the FAO treaty relevant to the PVP legislation are given below.
1) Multilateral system of access of PGR and benefit sharing: The ITPGRFA established
'facilitated access' on agreed list of crops (at present 64 crop species) through the
multilateral system. Before the CBD came in to force in 1st January 1994, the 11
International Agriculture Research Centers (IARC) of the Consultative Group for International
Agricultural Research (CGIAR) since 1960s have been collecting genetic resources (most of
which are landraces and wild relatives) of several crops from all over the word, conserving
12
them in ex situ gene banks, and sharing these germplasm, as public good, with all interested
individuals and institutions. Earlier to the CBD, the plant genetic resources found on mother
Earth were treated as “common heritage of mankind” without ownership rights but the CBD
have accepted the sovereign rights of nation over their biological resources. Therefore, the
question arise on the ownership of 6.6 lakh and plus accessions (over 70% of them were the
selected and conserved materials by farming communities and tribal in the developing world)
collected and conserved in IARC gene banks before December 1993 (before the CBD came
into being-these germplasm were collected not in accordance with the CBD norms). This
issue was taken up by the FAO under the ITPGRFA. According to the treaty, these 6.6 lakh
accessions were placed under the 'trusteeship' of the FAO commission of PGR to safeguard
them from misappropriation or bio-piracy. Out of which, about 5.3 lakh accessions of 64
crops have been brought under 'in-trust' collections (or multilateral system of exchange)
according to the FAO-CGIAR agreement signed during October, 1994. This agreement
affirmed that 'in-trust' accessions will be maintained properly by the IARCs and shared freely,
with material transfer agreement (without MTA, if owner country place indent), for the
purpose of utilization and conservation for i) research, ii) breeding, iii) training for food and
agriculture and not for chemical, pharmaceuticals, other non-food/feed industrial uses and no
one will be allowed to these accessions. The contracting parties of the ITPGRFA have
agreed to share the entitled fare and equitable benefits arising from the use of germplasm
with the legal or natural person/ owner of the germplasm.
2) Farmers' Rights: Farmers' right on seed was defined for the first time by the FAO.
Farmers' right are the rights arising from the past, present and future contribution of farmers
in conserving, improving and making available plant genetic resources (PGR), particularly
those in Centre of diversity / origin. According to the ITPGRFA, farmers have the right to
save, use, exchange and sell the farm saved seeds and other propagating materials. In
addition the treaty add three more rights to farmers viz., i) the rights on traditional knowledge
relevant to the PGR for food and agriculture, ii) the rights to participate in the decision
making at national level on matters related to conservation and sustainable use of PGR for
food and agriculture, and iii) rights to equitably sharing benefits arising from the utilization of
PGR for food and agriculture. Indian agricultural scientists, jurists and policy makers have felt
that these rights must be given to farmers in recognition of their invaluable contributions
being made in the conservation and development of PGR without which food and agriculture
production cannot be sustained. Accordingly, Indian PVP legislation was framed. The PPV &
FR Act recognize farmers as cultivator, conserver of agricultural biodiversity and breeder of
plant varieties.
1.5.3 CBD (United Nation Convention on Biological Diversity)
Biological diversity (biodiversity) refers to variety and variability among living organism
and the complex ecosystem of which they are part. Biodiversity is reflected at gene,

13
organism and ecosystem levels; accordingly it encompasses i) genetic diversity, ii) species
diversity, and iii) ecosystem diversity. According to the Global Biodiversity Assessment (1995)
there are about 13-14 million species on earth, of which only 13% or some 1.75 million (1.5
million, if taxonomical errors are omitted) species have been described scientifically. Apart
from meeting the basic needs of food, shelter, clothing, energy, drug, etc the biodiversity has
significantly contributed for conserving and enhancing human culture. The loss of biodiversity
is therefore, a serious threat to agriculture and livelihood of billions of people. Another
concern on biodiversity is ownership issue. Until the enactment of CBD, the biodiversity
found on the Mother Earth was treated as “common heritage of mankind”. This long held
altruistic principles on global biodiversity was gradually violated by a series of action from the
developed countries. This includes, the 1930 US law granting patent rights to a vegetatively
propagated plant varieties, the European Union initiative in 1961 for establishing PBRs, the
Budapest treaty of 1977 to promote patent rights on naturally occurring microorganisms, the
US supreme court ruling in 1980 to allow patenting on genetically modified organism, the
more recent of the TRIPS agreement 1994 of the WTO. These developments (patenting
regime) as well as a shift in the research funding profile of technology rich Western countries
from public to private, inspired a new phenomenon called bio-piracy. Against these
backdrops, the legally binding United Nation's Convention on Biological Diversity (CBD) was
formed. The convention after several rounds of negotiations was opened for signature at the
UN conference on Environment and Development (UNCED) held at Rio de Janeiro in 1992
(popularly called Earth Summit). The CBD-1992 was brought into force from 29 December
1993. India was a member signatory of CBD and ratified the convention in 1994. The UN
convention of Biological Diversity-1992 recognize and confer “sovereign rights” to a member
countries over the biological resources and associated traditional knowledge occurring within
their national jurisdiction. The broad objectives of the CBD are:- i) conservation of biological
diversity, ii) sustainable use of its components, and iii) fair and equitable sharing of benefits
arising from its use. To give effect to the CDB, India has enacted the Biological Diversity Act
in 2002.
India is one among the 12-mega biodiversity countries of the world, harbouring 7-8% of
the recorded species of the world. Over 46,000 species of plants and 81,000 species of
animals have been recorded in the country so far by the Botanical Survey of India, and the
Zoological Survey of India, respectively. The Biological Diversity Act, 2002 of India was
aimed at :- (a) conservation of biological resources and associated knowledge, (b)
sustainable use of its components by regulating access to India's biological resources
through establishment of regulatory mechanisms at the level of Central, State and local Govt.
and (c) equitable sharing of benefits arising out of use of biological resources or associated
traditional knowledge with the farmers /community/ authority providing such resources /
knowledge. Under this Act, a National Biodiversity Authority (NBA) was established at
Chennai. As per the Act, foreign citizen, non-resident Indian citizen, a body corporate /
14
Association not registered in India or has non-Indian participation shall, without previous
approval of the NBA, obtain any biological resources occurring in India or knowledge
associated thereto for research or for commercial utilization or for bio-survey and bio-
utilization. This restriction is not applicable to the Indian researchers, local people and
communities of the area, growers and cultivators of biodiversity, and vaids and hakims, who
have been practicing indigenous medicine. The Act prohibits transfer of the results of any
research relating to any biological resources occurring in or obtained from India for
monetary consideration or otherwise to any person who is a not a citizen of India, non-
resident Indian, a body corporate not registered in India or having non-Indian participation in
its management without the prior approval of the NBA. However, prior approval of the
Authority does not need for publication of research papers or presentation in seminars,
workshop, etc. These above restrictions shall not applicable to collaborative research
projects between institutions in India and in other countries provided if the projects shall
conform to the policy guidelines issued by the Central Government in this behalf and be
approved by the Central Government.
The Biological Diversity Act stipulates that application for any intellectual property right
in or outside India for any invention based on any research or information on a biological
resource obtained from India should not be made without obtaining the prior approval of the
NBA. However, this provision shall not apply to any person making an application for
protection of plant varieties under PPV&FR Act. The NBA while granting approval for
utilization of biological resources or IPR are bound to ensure equitable sharing of benefits
arising out of the use of accessed biological resources, their by-products, innovations and
practices associated with their use and applications and knowledge relating thereto in
accordance with mutually agreed terms and conditions between the person applying for
such approval, local bodies concerned and the benefit claimers.
The case study of anti-fatigue, restorative herbal drug 'Jeevani' prepared from herbal
plant the Kani tribe of Kerala will gives an insight into the concept of benefit sharing on
biological resources. The technology for preparation of Jeevani, standardized by The
Tropical Botanic Garden and Research Institute (TBGRI) Thiruvananthapuram, was
transferred to M/s. Arya Vaidya Pharmacy Ltd (AVP), Coimbatore through an agreement.
The AVP has paid Rs. 10 lakh as license fee plus 2% of the sale value of the Jeevani,
every year, as royalty for a period of 10 years from 1995 to the TBGRI. The TBGRI has
voluntarily surrendered 50% of the license fee plus royalty to the member of Kani tribe who
have shared the information about Arogypacha and to the 'Kerala Kani Samudaya Kshema
Trust' (an institutional mechanism to receive the share in license fee and royalty) to
undertake economic activities for the continued supply of Arogyapacha to AVP for a
sustained production of Jeevani as well as welfare activities for the Kani tribe.

15
1.5.4 WIPO guidelines for protection of Traditional Knowledge (TK)
Traditional knowledge (TK) refers to the knowledge about plants, animals, indigenous
treatments of diseases, agricultural and horticultural practices, stories, songs, and other
matters of local or indigenous people and community. The Indigenous Technical Knowledge
(ITKs) are gained from experience over the years / generations and adopted in the local
culture and environment. ITKs are very important in all sphere of life hence, its protection is
also necessary. Otherwise, the valuable knowledge of mankind will be gradually lost. The
draft intellectual property guidelines-2004 of the World Intellectual Property Organization
(WIPO) emphasize the contracting parties shall provide protection of the TK and sharing of
benefits with the holders of TK. So for, no specific legislation was enacted in developed
countries for the protection of TK. The Biological Diversity Act of India has provisions for
claiming benefit sharing for the traditional knowledge associated with plant genetic resources.
The ICAR and CSIR have initiated steps for documentation of TK. These data/ information
can be used as valid evidence for 'prior art' while opposing the patent filed by pirating TK.
This kind of protection of TK is called defensive protection. Alternatively, a passive protection
right of TK can be created which empower the TK holder to protect and promote their
traditional knowledge.
1.5.5 National Seed Policy 2002
During 2002, the Govt. of India had announced the National Seed Policy with an
objectives of providing appropriate climate for seed industry to utilize the available and
perspective opportunities, safeguarding the interest of Indian farmers, and conservation of
agro-biodiversity. As per the policy guidelines, a new Seed Bill 2004 was debated in the
Parliament, which if passed will replace the Seed Act, 1966. The newly established Seed Act
will have wider coverage than the earlier Act as it includes seeds of agriculture crops,
horticulture crops, forestry, plantation crops, medicinal and aromatic plants. The Act permits
sale of certified seeds only. Registration of all kinds and varieties (both domestic and
imported) of seed is compulsory under the new Seed Act. Every seed producer, dealer and
horticulture restrict the farmers’ right to use or sell his farm saved seeds and planting
materials provided he is not allowed to sell them under a brand name. All seeds sold by
farmers shall have to confirm to the minimum standard of germination, physical and genetic
purity applicable to the registered seeds. A National Seed Board was established replacing
the Central Seed Committee and Central Seed Certification Board. The Board is undertaking
the registration of varieties that are to be offered for sale in the market, on the basis of
identified parameters for establishing Value for Cultivation and Use (VCU) through testing for
3 seasons. But for vegetables and ornamental crops, breeder’s declaration is adopted
(instead of establishing VCU). All genetically engineered crop varieties will be tested for
environment and bio-safety before their commercial release as per the guidelines of
Environment Protection Act, 1986. Seeds of transgenic plant varieties for research purpose
will be imported only through the National Bureau of Plant Genetic Resources (NBPGR), New
Delhi.
16
 CHAPTER 2
The Protection of Plant Varieties and Farmers' Rights Act-2001
2.1 Preamble
The Protection of Plant Varieties and Farmers' Rights Act (No 53 of 2001), passed by
the Indian Parliament, has received the assent of the President on 30th October, 2001. The
rules called PPV&FR Rules 2003 was notified on 12 September 2003. The Act was
th

enacted with the following objectives :-

1. India, having ratified the agreement on TRIPS, it is necessary to protect the
intellectual property rights (IPRs), more specifically plant breeders' rights (PBRs),
associated with new pant varieties by establishing an effective sui generis system.
2. To recognize and protect the rights of farmers for their contribution made at any t i m e
in conserving, improving and making available plant genetic resources for the
development of new plant varieties.
3. To stimulate public and private investment for research and development of new plant
varieties so as to accelerate agriculture growth and development in the country.
4. To facilitate growth of the seed industry which in turn ensure availability of high
quality seeds and planting materials of improved varieties for cultivation.
2.2 Functional modalities
For the implementation and execution of the Act, two apex bodies were established.
The administrative apex body is called “the Protection of Plant Varieties and Farmers'
Rights Authority” and the judicial apex body is called “the Plant Varieties Protection
Appellate Tribunal”. The PPV & FR Authority was established on11th November 2011. The
Authority consists of a Chairperson (Dr.S.Nagarajan was the founder Chairperson and Dr.
P.L.Gautam is the Chairperson at present) and 15 members including one representative
each of farmers' organization, tribal organization, women's organization, and seed industry.
A Registry known as Plant Varieties Registry was also established within the Authority,
headed by a Registrar-General. A register called National Register of Plant Varieties is
kept in the Registry.The names of all the registered plant varieties is entered in the register
with the name and addresses of their respective breeders, the rights of such breeders in
respect of the registered variety, the particulars of the denomination of each registered
variety, its seed or other propagating material along with specification of salient features
thereof. The Tribunal is consists of a Chairman and judicial members and technical
members as the Central Government may deem fit to appoint. The Office of the PPV&FR
Authority is located in NASC Complex, DPS Marg, New Delhi-110 012.
2.3 Plant varieties and species protected under the PPV&FR Act
Within the ambit of the Act, a variety is defined as “a plant grouping except
17
microorganism within a single botanical taxon of the lowest known rank, which can be:-(i)
defined by the expression of the characteristics resulting from a given genotype of that plant
grouping; (ii) distinguished from any other plant grouping by expression of at least one of the
said characteristics; and (iii) 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. Under the Act varieties, F1 hybrids, synthetics, composites, transgenic varieties
are grouped either under ‘variety’ (it may be a new or extant) or ‘essentially derived variety’
only and accordingly registration is done under these two categories.
2.3 (a) Non-registerable plant species and varieties (see sec 2(Za) & 29(1&2) of the Act):
Microorganism, varieties belonging to the species or genera not listed in the notification
issued by the Central Government; certain varieties, the prevention of commercial exploitation
of such varieties is necessary to protect public order or public morality, human, animal and
plant life and health or to avoid serious prejudice to the environment; or any varieties which
has genetic use restriction technology (GURTs) and terminator technology are not registerable
under the Act.
2.3 (b) Registerable species and varieties: The Govt. of India shall notify u/s 29(2) of the
PPV&FR Act, in the Official Gazette, from time to time, the genera or species for the
purposes of registration of varieties under this Act. Since May 2007 to December 2011, about
45 crop species have been notified for registration (Table 1).
The PPV & FR Act 2001 distinguishes 4 types of registerable plant varieties u/s 14.
1) New varieties (NV): The newness of a variety is interpreted as “a variety which is not in
public domain in India earlier than one year before the date of filing for registration or four
years outside India (6 years in the case of trees or vines)”. A new variety may be a typical
variety (i.e. normally propagated using propagules saved from previous year crop production
cycle) or hybrid or composites or synthetic or transgenic variety evolved by any person
professional breeder or farmers.
2) Extant varieties (EV): EV defined u/s 2(j)) includes
(i) varieties bred by public or private institutions and released for cultivation by the State or
Central Variety Release Committee within last 15 years and notified under section 5 of the
Seed Act, 1966 (a total of 5104 varieties of agricultural crops and 872 varieties of
horticultural crops have been notified by the CVRC since 1966 to 2011);
(ii) varieties about which there is common knowledge (VCK) e.g. seeds of varieties
Engineering Approval Committee (GEAC) are not generally notified under the seed act but
comes under VCK. Further, varieties notified earlier under Seed Act but later de-
notified or varieties may not be in the possession of public domain but may exist on Govt.
land, forest areas or sold by private but be in the common knowledge are come under the
category of VCK;
(iii) farmers' varieties; and (iv) any other varieties which is in public domain are considered as
an extant variety.
18
Table 1. List of crop species notified under the PPV&FR Act for Registration

Sl. Date of Gazette

Crop Name Botanical Name
No Notification u/s 29(2)
1 Rice Oryza sativa L. 1 November 2006
2 Bread wheat Triticum aestivum L. 1 November 2006
3 Maize Zea mays L. 1 November 2006
4 Sorghum Sorghum bicolor (L.) Moench 1 November 2006
5 Pearl millet Pennisetum glaucum (L.) R. Br. 1 November 2006
6 Chickpea Cicer arietinum L. 1 November 2006
7 Pigeon pea Cajanus cajan (L.) Millsp. 1 November 2006
8 Green gram Vigna radiata (L). Wilczek 1 November 2006
9 Black gram Vigna mungo (L.) Hepper 1 November 2006
10 Lentil Lens culinaris Medik 1 November 2006
11 Field pea Pisum sativum L. 1 November 2006
12 Kidney bean Phaseolus vulgaris L. 1 November 2006
13 Cotton (Tetraploid) Gossypium hirsutum L. 31 Dec 2007
14 Cotton (Tetraploid) Gossypium barbadense L. 31 Dec 2007
15 Cotton (Diploid) Gossypium arboreum L. 31 Dec 2007
16 Cotton (Diploid) Gossypium herbaceum L. 31 Dec 2007
17 Jute (tossa jute) Corchorus olitorius L. 31 Dec 2007
18 Jute (white jute) Corchorus capsularis L. 31 Dec 2007
19 Sugarcane Saccharum L. 7 July 2009
20 Ginger Zingiber officinale Rose. 7 July 2009
21 Turmeric Curcuma longa L. 7 July 2009
22 Balck pepper Piper longum L. 30 April 2010
23 Small cardamom Elettaria cardamomum Maton 30 April 2010
24 Indian mustard Brassica juncea L. Czen & Coss 30 April 2010
25 Karan rai Brassica carinata A Braun 30 April 2010
26 Rapeseed (Toria) Brassica rapa L. 30 April 2010
27 Gobhi sarson Brassica napus L. 30 April 2010
28 Sunflower Helianthus annuus L. 30 April 2010
29 Safflower Carthamus tinctorius L. 30 April 2010
30 Castor Ricinus communis L. 30 April 2010
31 Sesame Sesamum indicum L. 30 April 2010
32 Linseed Linum usitatissimum L. 30 April 2010
33 Groundnut Arachis hypogaea L. 30 April 2010
34 Soybean Glycine max (L.) Merrill 30 April 2010
35 Potato Solanum tuberosum L. 2 December 2010
36 Garlic Allium sativum L. 2 December 2010
37 Onion Allium cepa L. 2 December 2010
38 Tomato Lycopersicon lycopersicum (L.) Kar 2 December 2010
39 Brinjal Solanum melongena L. 2 December 2010
40 Cabbage Brassica oleracea L. var capitata 2 December 2010
41 Cauliflower Brassica oleracea L. var botrytis 2 December 2010
42 Okra Abelmoschus esculentus (L.) Moench 2 December 2010
43 Rose Rosa spp. (other than R. domacena) 2 December 2010
44 Mango Mangifera indica L. 2 December 2010
45 Chrysanthemum Chrysanthemum spp. 2 December 2010

19
3) Farmers' varieties (FV): Farmers' variety, defined u/s 2(l), is a variety which has been
traditionally cultivated and evolved by farmers in their fields or is a wild relative or landrace
or a variety about which farmers possess common knowledge. Farmers varieties has proven
special features compared to other materials. Such varieties have been provided with unique
identity with a vernacular name or a name predominantly describing their unique features.
Because of repeated propagation, progeny assessment and advancement, the FV tend to be
stable with distinct character(s). The FV may be (i) homogeneous and homozygous (e.g. self
pollinated crops), (ii) homogeneous and heterozygous (e.g. hybrids of vegetatively propagated
crops), (iii) heterogeneous and heterozygous (e.g. landraces of cross pollinated crops).
Landraces are rather heterogeneous and tribal farmer maintains it as mixture in the
subsistence farming system so as to overcome production uncertainties. If plant breeders
collect such adapted materials, and made mass or pureline selection and release them for
cultivation, the selected materials from the landrace may not come under the purview of
farmers' variety as per the definition of PPV & FR Act, 2001. UPOV Act, 2002 also treat the
selection from landrace as new variety.
4) Essentially derived varieties (EDV): As per the definition given u/s 2(i) of the PPV & FR
Act 2001, a variety is said to be essentially derived from a initial variety i) if it is
predominantly derived from a initial variety, or from a variety that itself was a EDV, while
retaining the expression of the essential characteristics that result from the genotype or
combination of genotype of such initial variety, ii) if it is clearly distinguishable from such
initial variety, and iii) conforms (except for the differences which result from the act of
derivation) to such initial variety in the expression of the essential characteristics that result
from the genotype or combination of genotype of initial variety.
2.4 Requirements for Registration of a Variety under PPV & FR Act
The requirements of registration and manner of conduct of DUS test for NV, EDV and
EV are somewhat different hence its detail is given below.
2.4 (a) Criteria for registration of a new variety
A new variety shall be registered under the Act if it conforms to the criteria of novelty,
distinctiveness and stability.
1) Novelty (u/s 15 (3a): A new variety is deemed to be novel, if it has not been sold or
otherwise disposed of for the purpose of exploitation by the breeder or his successors for
more than a year in India or before four years outside of India (6 years in the case of trees
or vines) from the date of filing of application. Provided that a trial of a new variety which has
not been sold or otherwise disposed of and the fact that on the date of filing the application
for registration, the propagating or harvested material of such variety has become a matter of
common knowledge other than through the aforesaid manner shall not affect the criteria of
novelty of such variety. variety determined by the expression of one or more genes of other
heritable determinants that contribute to the principal features, performance or value of the
plant variety.
20
3) Uniformity (u/s 15(3c)): A new variety is deemed to be uniform if, subject to the variation
that may be expected from the features of its propagation, it is sufficiently uniform in its
essential characteristics.
4) Stability: A new variety is deemed to be stable, if its essential characteristics remain
unchanged after repeated propagation or, in case of a particular cycle of propagation, at the
end of each such cycle.
Test to be conducted u/s 19(1): The authority is required to conduct a test for the candidate
variety (i.e. variety for which protection is sought) to evaluate whether seeds of such variety
conform to the criteria of distinctiveness, uniformity and stability (no field or laboratory test is
prescribed for novelty). This test is called DUS test. DUS test is a field and multi-location
based, normally conducted for two similar crop seasons at two locations. DUS test guidelines
are given in chapter 5 of this manual. In case of trees and vines, on-farm testing is accepted.
A panel of three experts will visit the on-farm test sites for two similar crop seasons to
assess the DUS criteria.
2.4 (b) Registration of essentially derived varieties (EDV)
i) An EDV may be a mutant, transgenic variety, tissue culture derived, or back cross
derivatives. The EDV should be clearly distinguishable from the initial variety from which
it was derived. With regard to its distinctiveness, the essential characteristics of initial
variety and EDV may be same except for the ‘differences resulting from act of
derivation’; nonetheless, the EDV should be distinguishable from other varieties by at
least one character.
ii) Varieties of species and genera notified u/s 29(2) shall be eligible for registration
as EDV. An EDV may be a typical variety or a hybrid.
iii) The criteria for registration of EDV are novelty, distinctiveness, uniformity and
stability but DUS test is not required for an EDV. The manner of conducting test for
EDV is decided by the Authority on case-by-case basis.
iv) Unlike in the case of a variety, the Registrar is not empowered to take decision at
his own on registration of EDV, but he will forward the application with his report and all
relevant documents to the Authority. The Authority will examine the EDV to determine
as to whether the EDV is derived from the initial variety by conducting suitable tests in
consultation with Central Govt. and by following procedures notified under the Act.
When the Authority is satisfied that the EDV has been derived from the initial variety, it
may direct the Registrar to register it or if not satisfied it shall refuse the application. If
registered, a Certificate of Registration will be issued to the applicant u/s 23.v) The
breeders of an EDV shall enjoy all those rights as given to the breeder of a new variety
u/s 28 of the Act. But the authorization by the breeder of the initial variety to the
breeder of EDV as per section 28(2) is required.

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2.4 (c) Registration of Extant Varieties (EV)
The criteria for registration of extant varieties are i) distinctiveness, ii) uniformity, and
iii) stability (novelty clause is not applied here). However, the registration of EV is not done
all the time. There is a specified time period for each category of extant varieties within
which the registration have to be completed.
i) Registration of farmers’ varieties (FV): As per the rule 24(1), the Registrar shall register
every farmers’ variety which is an extant variety within 5 years* from the date of its
notification under the Act, with respect to the genera and species eligible for registration
subject to conformity to the criteria of distinctiveness, uniformity, and stability (the novelty
criteria is not applicable for EV). A Regulation was issued on 30th June 2009 for conducting
DUS test for farmers’ variety. Wherever, the distinctiveness of the variety is required to be
verified, a field test (preferably in replicated trial in paired row) will be conducted along with
example varieties and other similar varieties for one season at two locations. As the nature
of seed maintenance practice of FV is not precise, the level of uniformity will not be like that
of a variety maintained by a qualified plant breeder. Farmers knowingly accommodate small
variations to keep the variety more adapted to stresses. Therefore, in FV, the number of off-
types permitted is twice of what has been prescribed for a new variety of that species. The
margin provided will in no way interfere with the product quality compared to the price one
has to pay for FV. If the variety meets the uniformity criteria, it shall be deemed to meet the
stability criteria. FV can get plant breeders’ rights for the entire period specified under the
law (see term of protection in next chapter), despite being in the non-commercial seed cycle
for a long time. Once registered, a FV rights holder will pay the annual fee for FV to retain
the plant breeders rights granted. By definition FV is one that is traditionally grown and
implies that the material has already covered the period of protection prescribed for the new
varieties or EV. Therefore, providing fresh plant breeders rights for FV can only be notional.
Hence, the benefit sharing provision is kept in the Act. If the FV is used in developing a
new variety or an essentially derived variety by any breeder, then while granting prior
permission owners of the registered FV can negotiate a deal.
ii) Registration of other extant varieties (i.e. varieties of common knowledge, VCK): These
varieties should be filed within 3 years* from the date of notification of the species in the
Gazette of India, subject to conformity to the criteria of distinctiveness, uniformity, and
stability. A Regulation was issued on 30 June 2009 for conducting DUS test for VCK. The
th

criteria of distinctiveness, uniformity, and stability for VCK are determined by conducting a
field test for one season at two locations. The applicant should submit only half the quantity
of seeds in five equal pockets to the Registrar for conducting the test and also for storing in
gene bank.
Note: * The Registrar has issued a suo motu clarification on 11th Feb 2011 regarding the time limit for registration of FV and VCK.
The time limit for filing applications for registration of extant varieties (common knowledge variety and farmers’ variety) in case of
12 crop species notified on 1.11.2006 and 6 crop species notified on 31.12.2007 (see Table 1) is extended for a period of three
years from 30.6.2009 and the time limit for filing applications for registration of farmers’ varieties in case of 12 crop species
notified on 1.11.2006 and 6 crop species notified on 31.12.2007 is extended for a period of five years from 30.6.2009.
22
iii) Grace period: The Registrar, as a special case, may permit registration of farmers’
varieties and other extant varieties even after the expiry of the 5 or 3 years period.
iv) Registration of extant varieties notified under Seed Act, 1966: These varieties may be
registered by the institutes of ICAR or Agricultural Universities or State Govt. or Private
Seed Companies (who developed the varieties) as the case may, within 3 years from the
date of notification of the crop species in the Gazette. By way of Regulations issued on 7th
December 2006, an Extant Variety Recommendation Committee (EVRC) was established to
periodically meet and evaluate/scrutinize the applications of varieties notified under the
Seeds Act 1966, and recommend to the Registrar those varieties which satisfy the
registration requirements. EVRC has seven members (including one farmers’ representative
and one seed industry representative) and the Registrar acts as the Member-Secretary. The
Registrar on consideration of the recommendation and other aspects decides on whether to
accord plant breeders rights to the applicant for the residual period of time or not. The
passport data of accepted varieties are published in the Plant Variety Journal of India (PVJ).
After publication in PVJ, objection, if any, can be filed by the aggrieved party by submitting
in the prescribed format with Opposition notice fee of Rs 1500/-. An opportunity is given to
hear the view of the concerned parties and on completing these requirements, the
registration/protection is granted for the residual period. The breeder of such extant varieties
shall enjoy all the rights and privileges granted under the Act, till such a time the annual fee
is paid to the Authority.

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 CHAPTER 3
Rights and Benefits Sharing under PPV&FR Act
A unique aspect of PPV & FR Act, 2001 is that it confers three concurrent rights to
breeders, researchers, farmers and community, the details of which is presented in this
section.

3.1 Breeders’ Rights (u/s 28(1)

The “Certificate of Registration” for a variety issued to under this Act shall confer
exclusive rights on the breeder or his successor or his agent or licensee, to produce, sell,
market, distribute, import or export of the variety under registration for a period of 15 or 18
years depending on the crop species and subject to payment of renewal fees and fulfillment
of other conditions laid under this Act. The following acts are treated as infringement of
breeders’ rights u/s 64 of the PPV & FR Act.
1. If a person who is not a breeder of a variety registered under this act, sells,
exports, imports or produces such variety without the permission of its breeder or
within the scope of a registered license or registered agency without their
permission of the registered license or registered agent.
2. If a person uses, sells, exports, imports or produces any other variety giving such
variety, the denomination identical with or deceptively similar to the
denomination of a variety already registered under this act in such a way that it
causes confusion in the mind of general people in identifying the registered
variety.
If any person a) applies false denomination, or b) falsely represents a variety as a
registered variety then he shall be punishable u/s 70 or 72 of the Act with imprisonment for
a term not less than 6 months which may extend up to 2 or 3 years or with a fine not less
than 1 or 2 lakh which may be enhanced to 5 lakh, or with both.
3.2 Researchers’ Rights (u/s 30)
This Act allows scientists and researchers to have access to the registered (protected)
varieties for experiment or research purposes. The registered variety can also be used by
any person as an initial source of a variety for evolving other varieties without the prior
approval of the breeder of the registered variety. However, the authorization of the breeder
of a registered variety is required where the repeated use of the protected variety as a
parental line is required for commercial production of the newly developed variety.
3.3 Farmers’ Rights (FR)
The PPV&FR Act define ‘farmers’ as any person who cultivates crops by 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
24
1
varieties, or adds value to such wild species or traditional varieties through selection and
identification of their useful properties. Recognizing the role of farmers in conserving genetic
diversity, their poor economy conditions to buy seeds for every year and their poor legal
literacy the Act confers the following privilege and rights to farmers.
i) FR on seeds (u/s 39(1iv): FR on seeds is a traditional right, which includes the right to
save their own seeds from one’s crop and to use it for sowing, re-sowing, exchanging,
sharing with other farmers, selling his farm produce including seeds of a protected variety in
the same manner as he was entitled before the coming into force of this Act. However,
farmers are not allowed to sell seeds of protected varieties as ‘branded seeds’. Branded
seed means any seed put in a package or any other container and labeled in a manner
indicating that such seed is of a variety protected under this Act.
ii) FR as breeder of new variety (u/s 39(1i)): The Act recognizes the farmers not just as a
cultivator, conserver of the agricultural gene pool but also a breeder of several successful
varieties. Traditional varieties developed or conserved by farmers or by a community of
farmers and new varieties evolved by one or group of farmers are eligible for registration as
extant variety (EV) or new variety (NV) as the case may be. The farmers shall enjoy all
rights as given to the professional breeder of a NV or EV.
iii) FR for reward and recognition (u/s 39(1iii)): Organized plant breeding is of recent origin.
Farmers or tribal or village communities have been engaged in the conservation of genetic
resources of land races and wild relatives of economic plants over generation. The improved
varieties of modern day are bred from FV and or using traditional knowledge on such
varieties. Therefore, the farmers and tribal communities are entitled for recognition and
reward from the Gene Fund constituted under the Act, provided that material so selected and
preserved has been used as donors of genes in varieties registerable under this Act. The
PPV&FR Authority has instituted “The Plant Genome Savior Community Recognition Award”
which carries 10 lakh cash and a citation. During 2008, the Recognition was conferred to the
Kuruchiya and Karuma tribal communities of Wayanad district (Kerala), in appreciation of
their contribution for the conservation and improvement of traditional rice varieties. For the
Year 2009-10, the Award was conferred to i) ‘Kopatgiri Nandiveerimath Seva Foundation’ in
recognition of their contribution towards the conservation and documentation of rare and
endangered medicinal plant species in Kopatgiri hills, Gadag, Karnataka and ii) ‘Panchabati
Gramya Unayana Samiti’ for their outstanding contribution in conservation of traditional land
races of rice in Koraput Region of Odisha.
iv) FR for getting compensation for the loss caused by poor quality seeds (u/s 39(2)): The
Act has provision to protect farmers from spurious seeds, unfair marketing practices and
exaggerated claims by seed companies. When any propagating material of a variety
registered under this Act has been sold to farmers, the breeder of such variety is obliged to
disclose to farmers on the expected performance of the variety under given conditions. If
25
such the variety fails to provide such performance under such given conditions, the farmer(s)
may claim compensation before the Authority and the Authority, after hearing the parties,
may direct the breeder to pay such compensation as it deems fit, to the farmer(s).
v) FR for getting seeds of registered varieties (u/s 47)): This Act has an objective of
promoting accelerated agricultural growth through assured availability high quality seeds and
planting materials to farmers. If a PBR title holder does not satisfy the seed requirement of
the registered variety and at reasonable price within 3 years after registration, farmers have
the rights to take the matter of non-availability of seeds to the Authority, which in turn may
initiate remedial measure like compulsory licensing.
vi) FR for receiving free services (u/s 44): Considering the poor economic condition of the
farmer, the PPV&FR Act exempt farmers from paying fee for registration of farmers’ varieties,
conducting DUS test, renewal of farmers’ variety, fee for opposition and benefit sharing claim.
Further, farmer(s) and village community are not be liable to pay any fees in any proceeding
before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules
made there under.
vii) FR of protection against innocent infringement (u/s 42): The new system of plant
breeders’ rights is imposed for the first time in India and earlier farmers were not used to this
kind of situation hence there may be many cases of unknowing infringement of breeders’
rights by farmers. Hence, the Act provides for protection from innocent infringement i.e. the
farmer cannot be prosecuted for infringement of rights specified in the Act if he can prove in
court that he was unaware of the existence of such a rights.
3.4 Communities Rights (CR)
i) Rights for benefit sharing (u/s 26): When farmers’ variety or its derivative are utilized in
the institutional plant breeding programme (by a public or private breeder) for the
development of new varieties and if the resultant variety is applied for protection, the farmers
and traditional communities who have conserved and evolved the germplasm of such
varieties are eligible for equitable sharing of the benefit accrued from the commercial use of
the variety. The Act mandate the breeders to disclose the passport data of the variety
including its parental line and its place of origin and the Authority to advertise these
information for inviting claims on benefit sharing. More details are given at the end of this
section.
ii) Authorization of farmers’ variety (u/s 42): Breeders wanting to use farmers’
varieties for creating EDVs can’t do so without the permission of the farmer(s) or community
involved in the conservation or development of such varieties. Anyone is entitled to register a
communities’ claim. This intervention enables the registration of farmer varieties even if the
farmers themselves cannot do this due to illiteracy or lack of awareness. If the claim on
behalf of the community is found to be genuine, a procedure is initiated for benefit sharing

26
1
and compensation and a share of profits made from the use of a farmer variety in a new
variety goes into a National Gene Fund.
iii) Rights for claiming compensation for undisclosed use of traditional varieties (u/s 40-
41): A breeder who is making an application for registration of any variety under this Act,
shall disclose (see u/s 18e) in the application the information regarding the use of genetic
material conserved by any tribal or rural families in the breeding or development of such
variety. If the breeder willfully and knowingly fails to disclose the correct identity of parental
line or knowledge while registering the variety, and the claim by a third party or farmers or
community that the people of that village or local community had contributed significantly in
the evolution of new varieties registered under the Act is proved, then farmers or community
is eligible for compensation from the breeder which would be deposited in the National
Gene Fund.
3.5 Protection of public interest (u/s 29): The Act includes public interest clauses, like
exclusion of certain varieties from protection and the grant of compulsory licensing. Certain
varieties will not be registered if prevention of commercial exploitation of such variety is
necessary to protect order or public morality or human, animal and plant life and health or
to avoid serious prejudice to the environment. A variety contains any technology which is
injurious to the life and health of human beings, animals, and plants are not registered
under the Act. Moreover, the Central Government shall, in the public interest, delete any
genera or species from the list of genera or species already notified for registration, thereby
making ineligible for registration of such variety or annulling the protection granted to the
previously registered varieties.
3.6 Benefit Sharing (u/s 26) and Compensation (u/s 41)
(i) Sharing of benefits accruing to a breeder from a variety developed using the
farmers’ variety, landrace or any indigenously derived plant genetic resource (PGR)
or indigenous knowledge associated with such PGR has been dealt in the Act.
(ii) Upon issuance of the Certificate of Registration to a breeder (see next chapter), the
Authority may invite claims of benefit sharing of that variety by giving advertisement
with details of the variety, its breeder, parental materials used in the development of
the variety, its geographical location, details of initial variety if it is an EDV, community
knowledge used in the development of the plant variety.
(iii) Any person or group of persons or any governmental or NGOs on behalf of any village
or local community in India, can make a claim u/s 26, within 6 month from the
advertisement, by providing, (a) the contribution made by them to the genetic
development of the plant variety, (b) in what capacity the person is making the claim
for benefit sharing, (c) in case of “essentially derived varieties”, by giving the terms and
conditions in which authorisation has been made, and (d) the commercial viability or
actual market performance of the variety so registered. The application for claim should
accompany fee of Rs. 5000/-.
27
1
(iv) On receipt of a copy of the claim for benefit sharing, the registered breeder of the
plant variety may accept the claim and accordingly intimate the same to the Authority
or file his opposition to the claim of benefit sharing within 3 months from the date of
such receipt.
(v)()The Authority determine the amount of benefit sharing to a variety taking into account:-
(a) the contribution of the claimant in selecting, conserving and providing the genetic
material, (b) the contribution of such genetic material in providing one or more traits
which conferred high commercial value to the variety, and (c) the contribution of such
genetic material to impart high combining ability to the parents of the hybrid variety
relating to benefit sharing.
(vi) Claim for compensation u/s 41: The claim of compensation to the people of any village
or local community for their contribution in the development of new variety registered
arises if the applicant, knowingly, did not disclose the use of traditional variety of the
farmers/community for the development of new variety which was proved by a third
party later on or if the breeder did not obtain the consent of the farmers / farming
community who have conserved or developed the genetic materials which was pointed
out by some one after the registration. The procedure for claiming compensation is
more or less same as followed for benefit sharing.
(vii) The Authority, after giving an opportunity of being heard to the parties, dispose of the
claim for benefit sharing or compensation or order the breeder to deposit such amount
of benefit sharing or compensation in the National Gene Fund within 2 or 3 months
from the issue of the order.
(vi) The amount of benefit sharing and compensation payable by the breeder is treated as
the arrears of land revenue and is recoverable by the District Magistrate within whose
local limits of jurisdiction the breeder resides.
3.7 National Gene Fund (u/s 45): A fund called National Gene Fund is constituted under
the Act from the credits received from (a) the benefit sharing from the breeder, (b) the
annual fee payable to the authority by way of royalty, (c) compensation provided to the
communities, and (d) contribution from any national and international organization and other
sources. The fund will be applied for meeting the expenditures (a) to support and reward
farmers, community of farmers, particularly the tribal and rural communities engaged in
conservation, improvement and preservation of genetic resources of economic plants and
their wild relatives, particularly in areas identified as agro-biodiversity hot spots, (b) for
capacity building on ex situ conservation at the level of the local body, particularly in regions
identified as agro-biodiversity hot spots and for supporting in-situ conservation (A Task
Force constituted by the Authority under the chairmanship of Dr M. P. Nayar, Ex. Director,
(Botanical Survey of India, Kolkata has identified 22 agro hotspots in India during 2009), (c)
on benefit sharing and compensation u/s 26(5) and 41(3), and (d) on transaction cost of
administering the gene fund.
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1
 CHAPTER 4
Procedures for filing Application for Registration of Varieties under PPV&FR Act

4.1 Who can apply for Registration?: Application for protection of plant varieties can be
made by any person claiming to be the breeder of the variety or his successor or his
assignee/agent, any farmer or group of farmers or community of farmers claiming to be
breeder of the variety or any person authorized to apply on behalf of farmers; or any
university or publicly funded agricultural institution claiming to be breeder of the variety.
4.2 What are the pre-requisites for filing an application?
1) Application Form (u/s 10 & regulation 10): The aapplication shall be made in the
prescribed Form i.e. Form 1 or Form II along with Technical questionnaire (TQ). Application
(along with fee) should be filed in the Office of PPV&FR Authority addressed to the
Registrar, Protection of Plant Varieties and Farmers’ Rights Authority, Govt. of India, Ministry
of Agriculture, NASC Complex, DPS Marg, Opposite Todapur, New Delhi-110 012
1. Form I is for registration of new variety, extant variety and farmer’s variety or
2. Form II is for the essentially derived variety and transgenic variety and
3. Technical questionnaire (TQ) for providing technical details of the variety
Note: The Forms and TQ can be obtained by paying Rs. 200/-. The format is given in annexure 1

2) Acceptable denomination (u/s 15(3c): The name of a variety (denomination) may be

expressed by means of letters or a combination of letters and figures written in English or
Hindi. The new variety will not be registered if the denomination is not capable of identifying
such variety, or consists solely of figures, or mislead or cause confusion concerning the
characteristics, value identity of such variety or the identity of breeder of such variety or not
different from every denomination which designates a variety of the same or a closely
related species registered under the Act, or likely to deceive the public or cause confusion
in the public regarding the identity of such variety, or likely to hurt the religious sentiments
respectively of any class or section of the citizens of India, or if identical with a mark
protected under Trade Marks Act, 1999, or if prohibited for use as a name or emblem for
any purposes mentioned in section 3 of the Emblems and Names (Protection of Improper
Use) Act 1950, or is comprised of solely or partly of geographical name.
3) Affidavit (u/s 18c): The applicant should submit an affidavit stating that his variety does
not contain any gene or gene sequence involving terminator technology.
4) Fee: The fee structure consists of i) Application form charge (Rs. 200), ii) Registration fee
(u/s 18g), iii) Fee for conducting DUS test u/s 19(3), and iv) Annual fee (u/s 35(1)), and
renewal fee (u/s 24(6)). Fee for items (i) and (ii) should be submitted along with application.
29
1
 Table 2. Fee for registration, renewal and conduct of DUS test
S.
Type of variety Registration fee DUS test fee Annual fee
No
1) Depending on Rs 2000/- plus 0.2 % of
the nature and type sale value of the seed of
of test subject to a the registered variety
maximum of Rs. during the previous
Individual Rs. 5000/-
50,000/- per year plus 1% of royalty,
1 New variety Educational Rs.7000/ -
variety. For crops if any, received during
Commercial Rs.10000/-
like Rice, Wheat, the previous year from
Maize, Sorghum, the sale proceed of
Pearl millet, Pigeon seeds of a registered
pea, Mung bean, variety
Individual Rs. 5000/- Urd bean,
Essentially Derived
2 Educational Rs.7000/ - Chickpea,
Varieties (EDV)
Commercial Rs.10000/- Field pea, Lentil,
Extant variety Rajmash Rs.
notified under 20,000/- is being
3 Rs 1000/ charged. Rs 2000/-
section 5 of the
Seed Act,1966
(2) For On-farm Rs 2000/ - plus 0.1% of
DUS testing, fee sale value of the
will depend on the registered variety
Extant variety location of DUS during the previous
Individual Rs. 2000/- testing, subject to
about which there year plus 0.5 % of
4 Educational Rs.3000/- the maximum of 4
is common royalty, if any, received
Commercial Rs. 5000/- times of the fee
knowledge (VCK) during the previous
specified under year from the sale
item (1) proceed of seeds of a
registered variety
5 Farmers’ variety No fee

5) Information & Disclosures (u/s 18 e-i): Applicant should reveal complete passport data of
the parental lines from which the variety has been derived along with the geographical
location in India from where the genetic material has been taken and all such information
relating to the contribution, if any, of farmer(s), village community, institution or organization in
breeding, evolving or developing the variety, a declaration that the genetic material or parental
material acquired for breeding, evolving or developing the variety has been lawfully acquired
and disclosure on the use of genetic material conserved by any tribal or rural
6) Description of the variety: A brief description of the variety stating its characteristics of
novelty, distinctiveness, uniformity and stability as required for registration.
7) Seed deposition (u/s 19): To conduct DUS test, the applicant should deposit seed /
propagules of the variety (if hybrid, along with seeds of parents) to the Registrar. Since crop
species varies in the nature of multiplication of the propagules, their size, planting time and
storability characteristics, the Authority issues individual crop species-specific DUS test
30
guidelines and amount of seeds needed for the conduct of DUS test. On completion of DUS
tests, if the applied variety meets all the requirements of registration, then a part of the
original seed supplied is transferred to the National Gene Bank. The seed lot is stored
under low-temperature conditions at 5°C for the entire registration period, and if necessary,
after few years of storage in the National Gene Bank, the seed lot will be rejuvenated and
replenished at the cost of the applicant. The seed stored in the National Gene Bank will be
used for dispute settlement or when an exigency arises for invoking compulsory licensing
provision. Such a seed deposition in the National Gene Bank would dissuade market
malpractices or violations as the sample in custody can be drawn to verify the facts. When
the period of registration granted lapses, this material automatically moves to public domain.
4.3 How application is processed after filing?
On receipt of complete application along with fee u/s 14, an acknowledgement slip is
issued immediately. After that it will be processed according to the rule 29(2) of the
PPV&FR Rules, 2003.
1. Review by the Registrar (u/s 18-20): If the Registrar, after initial scrutiny, is
satisfied that the application is in order, he will ask the applicant to deposit the fee
within 2 months for conducting DUS test. On receipt of the fee, the application is
considered of being accepted absolutely or subject to some conditions as the
Registrar may deem fit, and taken for further processing. If the application is not found
to the satisfaction of the Registrar, he may ask the applicant to amend it or reject it
after giving a reasonable opportunity to the applicant of presenting his views.
2. Conduct of DUS test (u/s 19): The Registrar will make arrangement for conduct of
DUS test for new varieties for two similar growing seasons at two locations to
ascertain if the variety conforms to the criteria of distinctiveness, uniformity and
stability. DUS testing procedures for FV/ EV/ EDV are different (see next chapter).
3. Publication and Opposition (u/s 21): Upon acceptance of application
absolutely or with conditions, the Registrar will make an advertisement of such
application, giving all details about the variety along with photograph and claim, if
any, on the variety. Any interested person, may within 3 months from the date of
advertisement may give a notice of opposition to the registration of a plant variety in
Form PV-3 along with fee of Rs. 1500/-(No fee is payable if opposition is made by a
farmer or group of farmers, or village community). The Registrar will issue a copy of
the notice of opposition, within 3 months from the date of receipt, to the applicant. The
applicant shall give point-wise counter statement to the opposition, within 2 months
from the date of service of the copy of opposition notice. The Registrar shall convey
the reply to the person opposing the application, within 30 days of the receipt from the
breeder and asking the opposing person to submit the final opposition within a period
of 30 days. The Registrar shall, after hearing the parties, if so required considering the
evidences, and after giving reasons for his decision, by order, uphold or reject the
opposition.
31
4. Registration and Issue of Certificate (u/s 24): The Registrar shall Register the variety
(other than EDV), if either (a) the application has not been opposed and the time of notice of
opposition has expired or (b) the application has been opposed and the opposition has been
rejected. After that the Registrar will make entry of this variety in the Plant Varieties Register.
The whole process, from filing of application till registration, has to be completed within 3
years. Finally, The Registrar will issue a “Certificate of Registration” in Form O-2 to the
breeder and send a copy to the Authority and other specified offices for information.

FORM - 02
(See rules 36 and 37)
GOVERNMENT OF INDIA, PLANT VARIETY REGISTRY
CERTIFICATE OF REGISTRATION
Registration No ................................................ of 20................
Whereas ............................................. has declared that he has developed
.................................. plant variety / essentially derived plant variety and that he is the
true breeder thereof (or the legal representative or assignee ofthe true breeder) and that
he is entitled to a plant variety right on the said variety, having regard to the provisions of
the Protection of Plant Varieties and Farmer's Right Act, 2001 and that there is no
objection to the registration of plant variety in favor of him.
And whereas he has, by an application, requested that registration of plant variety /
essentially derived plant variety may be allowed to him for the saidplant Variety;
And whereas he has, by and in his application, particularly described the various
distinctive features and mentioned the denomination of the said plant variety;
Now, these presents that the above said applicant (including his legal representatives
and assignees or any of them) shall, subject to the provisions of the Protection of Plant
Varieties and Farmers’ Rights Act, 2001 and the conditions specified in section 47 of the
said Act, and to the conditions and provisions specified by any other law for the time
being in force, have the exclusive right to produce, sell, market, distribute, import or
export the variety for a term of.............................. years from the .................... day of
.................., 20 .... and of authorising any other person to do so, subject to the
conditions that the validity of this registration is not guaranteed and that the fee
prescribed for the continuance of this registration are duly paid.
In witness thereof, the Registrar has caused this registration to be sealed as of
the............ day of ...............20.......

Seal and Signature of the Registrar,

Plant Varieties Registry
Date of Grant ....................... .
Note :- The fees for maintenance of this registration, if it is to be maintained, will fall due on
..................... day of ................ and on the same day in every year thereafter.

32
1
4.4 Rights Conferred to Breeders (u/s 28): The Certificate of Registration issued for a
variety under the PPV & FR Act shall confer an exclusive right on the breeder or his
successor, his agent or licensee, to produce, sell, market, distribute, import or export
the variety. In case of an extant variety, unless a breeder or his successor established
his right, the Central Government, and in cases where such extant variety is notified for
a State or for any area thereof under section 5 of the Seed Act, 1966, the State
Government, shall be deemed to be the owner of such right. The breeder may
authorize any person to produce, sell, market or otherwise deal with the variety
registered under this Act.
4.5 Term of Protection: The total duration of protection of registered varieties in India is as
follows.
L For trees and vines : 18 years from the date of registration
L For extant varieties : 15 years from the date of notification of that variety under Seeds Act, 1966.
· L For other varieties : 15 years from the date of registration
However, the Certificate of Registration issued u/s 23(2) (for EDV) and u/s 24(2) (for
NV and EV) will be valid initially for 9 years in the case of trees and vines and 6 years in
the case of other crops but can be reviewed and renewed for the remaining period of
protection subject to payment of renewal fees. For the retention of registration during the
initial period of protection, the breeder has to pay the annual fees. In addition, the breeder
can make an application for renewal, along with renewal fees, 12 to 15 months prior to the
expiry of the initial period of registration.
4.6 Compulsory license (u/s 47): In order to ensure availability high quality seeds and
planting materials to farmers, this clause was introduced. If the PBR title holder does not
satisfy the seed requirement of the registered variety at reasonable price within 3 years after
registration, farmer or group of farmers have the rights to take the matter of non-availability
of seeds to the Authority. The authority, after giving opportunity to the PBR title holder to
demonstrate reasonable grounds for his inability to produce the seed, if it deemed fit, can
grant compulsory license, to an interested party other than the holder of the PBR, to
undertake production, distribution and sale of the seed or propagating material of the variety
for a specified time period.

33
 CHAPTER 5
National Guidelines for Conducting DUS Test
From the information given in the preceding chapters, the readers would have
understood that a variety (whether new, extant or farmers’ variety) is register able under the
PPV & FR Act 2001 if it conforms to the criteria of distinctiveness, uniformity and stability
specified u/s 15 and the Authority u/s 19 is required to examine the variety whether it
conform to the criteria of distinctiveness, uniformity and stability by conducting adopted
method of test in a scientific manner. This test is called DUS test. In countries like USA and
Australia, the applicant (or breeder) himself is conducting DUS test and demonstrate before
the PVP Authority / Examiner that his variety meets the criteria of DUS. This system is called
Breeder testing. However, in most of the European countries the PVP Authority itself is
conducting the test. This system is called Govt. testing or Official testing. In countries like
Japan and New Zealand both Govt. testing and Breeder testing are adopted. In India, the
PPV&FR Authority is conducting DUS test for annual and biennial crops but in case of trees
and vines, there is a option on the manner of DUS testing. That is in this case on-farm
testing is permitted which is inspected by a panel of three experts for two similar crop
seasons. Since the Authority does not have enough infrastructures for conducting DUS test
for all crops, it has recognized and empanels the work to the institutes of the ICAR and
Agricultural Universities.
5.1 National Test Guidelines (NTG)
The International Union for the protection of New Varieties (UPOV) has developed
guidelines for testing of more than 263 plant species. These test guidelines are being used
as reference document world wide. As for as India is concerned, before the enactment of
PPV & FR Act, the NBPGR had developed minimal descriptors for some field and
horticultural crops for the purpose of characterization and evaluation. When the PPV & FR
Act came into force, the Authority, in consultation with the experts of ICAR and SAUs has
modified the existing descriptors or developed new ones and finalized National test guidelines
for DUS testing of 35 crops in 2007. These guidelines are on par with International
standards. At present (Dec 2011), National DUS test guidelines (NTG) are available for 54
crop species including beans (French bean and kidney bean), black gram, black pepper,
brinjal, cabbage, castor, cauliflower, chickpea, chrysanthemum, cotton (diploid and tetraploid),
garlic, ginger, green gram, groundnut, jute (capsularis and olitorius), lentil, linseed, maize,
mango, Indian mustard and karan rai, okra, onion, orchids, pea, pearl millet, pigeon pea,
potato, rapeseed, rice, rose, safflower, sesame, small cardamom, sorghum, soybean,
sugarcane, sunflower, tomato, turmeric and wheat. The NTG (available in Plant Variety
Journal of India) contains details of planting materials required, method of conduct of DUS
test, table of characteristics to be examined, method of observations to be recorded, grouping
of varieties, and other details.
34
5.2 Variety for which DUS testing is required (u/s 19 and rule 29): DUS test is necessary
for all new varieties except the essentially derived varieties (EDV). When DUS test fails to
establish the distinctiveness of a variety then only special test shall be adopted. The Indian
Agricultural Research Institute, New Delhi is formulating guidelines for testing EDV. Once it
is ready, the Authority, will decide the test for EDV on case-to-case basis.
5.3 Duration of DUS Test: DUS test is field and multi-location based.
i) For new varieties test shall be conducted for at least two independent similar crop
seasons.
ii) For farmers’ varieties, wherever the distinctiveness of the variety is required to be
verified, a field trial preferably in replicated trial in paired row will be conducted along
with example varieties and other similar varieties for one season at two locations.
iii) For the varieties of common knowledge (VCK) the duration of field test is for one
season at two locations (for certain VCKs, no DUS test is required).
5.4 Location of DUS Test: In order to have a reliable justification, the candidate varieties
have to be examined for DUS traits for more than one independent growing cycle, under
conditions ensuring its normal growth. In order to complete the test as early as possible and
at the same time to provide double check for consistency the test is conducted at not less
than two locations. If any important characteristics of the variety cannot be seen at these
places, then the variety may be tested at an additional place. In some circumstances, the
Authorities can allow one growing season if it is mentioned in the crop specific guidelines.
For example, in some crops it is possible to complete 2 growing cycle in a year, if so, the 2
growing cycles should be independent of each other. For crop such as fruit trees, the same
plants are examined in successive years. For plants grown in green house, provided the time
between the sowing is not too short and the trial is randomized, at least partly, cycles can
overlap and still be compared as independent. The Authority, so far, has recognized and
established 42 DUS testing Centers in India as shown below.
Table 3. DUS testing Centres for different crops identified by the Authority
DUS Test Centres
Crop
I II III IV to VI
AAU, Jorhat
UAS, Dharwad
Rice DRR, Hyderbad CRRI, Cuttack IARI, Karnal
TNAU,
Coimbtore
UAS, Dharwad
Wheat DWR, Karnal IARI, Indore CSUAT, Kanpur
PAU, Ludhiana
ANGRAU,
Maize DMR, New Delhi VPKAS, Almora UAS, Dharwad
Hyderabad
Sorghum NRCS, Hyderbad MPKV, Rahuri GBPUAT, Pantnagar HAU, Hisar
Pearl millet MPKV, Rahuri Mandore (PC) TNAU, Coimbtore
Chickpea IIPR, Kanpur MPKV, Rahuri HAU, Hisar
Mung bean IIPR, Kanpur ANGRAU, Hyderabad
35
 DUS Test Centres
Crop
I II III IV to VI
ANGRAU,
Urd bean IIPR, Kanpur TNAU, Coimbatore
Hyderabad
Field pea IIPR, Kanpur JNKVV, Jabalpur
Rajmash IIPR, Kanpur IIVR, Varansi VPKAS, Almora
Lentil IIPR, Kanpur JNKVV, Jabalpur
Pigeon pea IIPR, Kanpur PKV, Akola
Mustard NRCRM, Bharatpur CSAUAT, Kanpur
Groundnut NRCG,Junagarh
Soybean VPKAS, Almora NRCS, Indore UAS, Dharwad
Sunflower DOR, Hyderabad
Safflower DOR, Hyderabad PKV, Akola
Castor DOR, Hyderabad JAU, JamNagar
PC-Sesame and
Sesame
Niger, Jablpur
Linseed PC, CSAUT, Kanpur JNKVV, Jabalpur
CICR,
Cotton CICR, Nagpur UAS, Dharwad HAU, Hisar
Coimbatore
Jute CRIJAF, Barrackpore CRIJAF, Budbud
SBI Regional Centre, SBI Research
Sugarcane IISR, Lucknow SBI, Coimbatore
Karnal Centre, Agali
Turmeric IISR, Calicut
Ginger IISR, Calicut
Black pepper IISR, Calicut
Coriander NRCSS, Ajmer
Small
IISR, Calicut
Cardamom
Mango CISH, Lucknow
Orchids NRCOrchids, Sikkim DSR, Mau
Tomato IIVR, Varanasi IIHR, Bangaluru
Brinjal IIVR, Varanasi IIHR, Bangaluru
Okra IIVR, Varanasi IIHR, Bangaluru
Cauliflower IIVR, Varanasi IARI, Katrain
Cabbage IIVR, Varanasi IARI, Katrain
Potato CPRI, Shimla
Onion NRC, Rajgurunagar
Garlic NRC, Rajgurunagar
Pea IIVR, Varansi IIHR, Hassarghatta
Rose NBRI, Lucknow IARI, New Delhi IIHR, Hassarghatta
Chrysanthemum NBRI, Lucknow IARI, New Delhi IIHR, Hassarghatta
Plantago DMPR, Anand
Mentha arvensis CMAP, Lucknow
Rose damascene CMAP, Lucknow
Catharanthus CMAP, Lucknow
Withania CMAP, Lucknow
Bacopa CMAP, Lucknow
Eucalyptus IFGTB, Coimbatore
Casuarinas IFGTB, Coimbatore
36
5.5 Conduct of DUS test
5.5.1 Establishment of Reference collections
To test if a candidate variety (variety for which protection is sought) meets the DUS criteria,
it has to be compared with other varieties whose existence is a matter of common
knowledge (varieties of common knowledge or VCK). VCK includes, protected varieties,
varieties listed in official register, variety for which application for protection has been filed,
varieties listed in any commercial document in which varieties are offered for marketing in
its territory as propagating harvested material, especially where these is no official
registration system, ecotypes and landraces, publicly available varieties (genetic resources,
old varieties, etc.). The Authority is, therefore expected to collect, establish and maintain the
collection of these common knowledge varieties, in the form of viable seeds or of vegetative
plant material of varieties, before conducting DUS test. These will form the ‘Reference
collection’ for the purpose of DUS testing. It is obvious that the list of VCK for a given
species/crop will include a very large number of entries including World collection but for
practical purpose, only national varieties with their authenticity is collected and maintained
as reference collection in the DUS testing Centres, preferably at two locations. Maintenance
of reference collection (also called maintenance breeding) is also an important activity of the
DUS testing Centre(s). For the information of the reader, the list of reference collection of
sugarcane and wheat are given in Table 4.
Table 4. List of reference varieties in sugarcane and wheat

Crop Name of Reference Collection/ Reference Varieties

BO 91, BO 99, BO 109, BO 110, BO 120, BO 128, BO 130, BO 136, BO 137,
BO 138, Co 419, Co 453, Co 1148, Co 1158, Co 1336, Co 6425, Co 6811, Co
87263, Co 87268, Co 89029, Co 89003, Co 98014, CoB 94164, CoBln 9105,
CoBln 9101, CoBln 9102, CoBln 9103, CoBln 9104, CoH 35, CoH 56, CoH 99,
Sugarcane CoH 110, CoH 119, CoH 92201, CoLk 8001, CoLk 8102, CoLk 94184, CoJ 64,
(94 varieties CoJ 83, CoJ 85, CoJ 88, CoJ 89, CoP 9206, CoP 9301, CoP 9302, CoP 9702,
- maintained at CoPant 84211, CoPant 84212, CoPant 90223, CoPant 96219, CoPant 97222,
SBI CoS 109, CoS 245, CoS 443, CoS 510, CoS 514, CoS 541, CoS 767, CoS 770,
Regional CoS 797, CoS 8118, CoS 8207, CoS 8315, CoS 8432, CoS 8436, CoS 88230,
Centre CoS 90265, CoS 90269, CoS 91230, CoS 91269, CoS 93259, CoS 94270, CoS
Karnal 94257, CoS 95222, CoS 95255, CoS 96258, CoS 96268, CoS 96269, CoS
96275, CoS 97261, CoS 97264, CoS 98259, CoS 99259, CoSe 00235, CoSe
01235, CoSe 01424, CoSe 95422, CoSe 92423, CoSe 95436, CoSe 96436, CoSe
98231, UP 5, UP 9530 and UP 0097
Emmer Wheat: DDK 1001, Ganga, DDK 1025, DDK 1029, MACS 2971.
Durum Wheat: A 28, AKDW 299716, Bijagared, Bijagayellow, DWL 5023, Kiran, DWR
Wheat (371 185, DWR 1006, GW 1, GW 2, GW 1139, GW 1189, Malvika, HD 4530, Malvaratna,
varieties ) Meghdoot, Malvashri, Malavshakti, Jairaj, JU 12, MAC S9, MACS 1967, MACS 2694,
maintained at MACS 2846, MACS 3125, Tawa 215, Sudha, Panchvati, NIDW 295, NP 401, NP 404, PBW
DWR, Karnal 34, PDW 215, PDW 233, PDW 274, PDW 291, RAJ 911, RAJ 1555, RAJ 6560, WH 896, WH
912, HI 8663, UAS 415, PDW 314, MPO 1215.
Courtesy: List of Wheat RC was provided by Dr. Sushila Kundu, PS, DWR, Karnal

37
 Crop Name of Reference Collection/ Reference Varieties
Bread wheat: Ajanta, Akaw 3722, Purna, AKW 381, Bithoor, Teesta, Purbali, C 306, CC
464, Chamba 165, Chhoti lerma, COW 1, Rohini, CPAN 1796, Sangam, D 134, DBW 14,
Wheat (371 DBW 16, DBW 17, Deshratna, Kundan, Vaishali, Vidisha, Kanchan, Durgapura65, Keerthi,
varieties ) Pragati, DWR 162, Anuradha, DWR 225, Gangasonaheri, GW 10, GW 18, GW 40, GW 89,
maintained at GW 120, GW 173, GW 190, GW 273, GW 322, GW 366, GW 496, GW 503, HB 208, Shera,
DWR, Karnal Hira, Moti, Pratap, HD 1982, Janak, Arjun, Nilgiri, HD 2177, HD 2189, HD 2204, Kshipra,
HD 2270, Parvati, HD 2281, Gobind, HD 2307, HD 2327, HD 2329, HD 2380, HD 2385, HD
2402, HD 2428, HD 2501, Ganga, Shresth, HD 2733, Aditya, Poorva, Tripti, Pusavishesh,
Urja, HD 2888, HDR 77, Mukta, Sujata, Swati, HI977, Mangla, Naveen Chandousi, Abha,
Swarna, Amrita, Harshita, HP 1102, HP 1209, HP 1493, Sonali, Rajlakshmi, Rajeshwari,
Jagdish, Aradhana, Surabhi, Palam, HPW 155, Chandrika, HS 86, HS 207, HS 240, HS 277,
HS 295, Mansarovar, HS 365, Himgiri, Shivalik, Girija, Shailja, Malviya 12, Malviya 37,
Malviya 55, Malviya 206, HUW 213, HUW 234, Malviya, Malviya 468, HUW 510, HW
517, HW 657, HW 741, Bhawani, Amar, Kaushambi, HY B65, HYB 633, WP 72, J 17, J 24, J
405, Jitto, JW 3020, Swapnil, K 0307, K 68, K 72, K 78, K 88, K 816, K 852, Shekhar, Halna,
Triveni, Maghar, Prasad, Indra, Ujiyar, Dewa, K 9162, Mandakini, Unnathalna, Gomti,
Naina, Atal, Kailash, Kalyansona, Kharchia 65, KR l14, KRL 19, Kshipra, KSML 3,
Lalbahadur, Lermarajo, LOK 1, MACS 2496, MACS 6145, MLKS 11, Motia, MP 1142, MP
4010, Narbada 4, Narmada 112, Narmada 195, NI 74719, NI 917, NI 5439, NI 5643, Niaw
34, Trimbak, Tapovan, NP 818, NP 839, NP 846, NP 852, NP 884, NW 1012, NW 1014, NW
1067, NW 1076, NW 2036, PBN 51, Kailash, PBW 12, PBW 54, PBW 65, PBW 120, PBW
138, PBW 154, PBW 175, PBW 222, PBW 226, PBW 299, PBW 343, PBW 373, PBW 396,
PBW 443, PBW 502, PBW 509, PBW 533, Pusa Lerma, PV 18, RAJ 821, RAJ 1114, RAJ
1482, RAJ 1972, RAJ 2184, RAJ 3077, RAJ 765, RAJ 3777, RAJ 4037, RAJ 4083,
Molyarodhak, RW 346, RW 3016, Safed lerma, Sagarika, Saptdhara, Sharbati sonora,
SKAM l1, Shalimar wheat 1, Sonak, Sonalika, Sonora 64, Singchen, Tawa 267, UP 115, UP
215, UP 262, UP 301, UP 310, UP 319, UP 368, UP 1109, UP 2003, UP 2113, UP 2121, UP
2338, UP 2382, UP 2425, UP 2526, UP 2554, UP 2565, UP 2572, UP 2584, Utkalika, Vinata,
V l401, V l404, V l421, V l616, V l719, V l738, V l802, V l804, V l829, V l832, WG 357, WG
377, WH 147, WH 157, WH 283, WH 291, WH 416, WH 533, WH 542, WH 711, WL 410,
WL 711, WL 1562, WL 2265, Pusa Gold, Birsa Gehun 2, Birsa Gehun 3, HPW 251, V l892,
PBW 527, PBW 550, WH 1021, HI 1544, Pusa wheat 111, Vimal, Arpa, Ratan, Pusa wheat
109, CBW 38, HS 490, MP 1203, PBW 590, PBW 596, RAJ 4120, Kurinji, RAJ 3777, VL
907, HD 2967, DBW 39, HD 2985, MACS 6222, MACS 6273, UAS 304, AKAW 4627, HD
2987, HW 5207, KRL 210, KRL 213.

5.5.2 Characterization and documentation of reference collection

After the establishment of reference collection its characterization process starts. The
requirement of distinctness, uniformity and stability is assessed on the basis of
characteristics i.e. a feature of whole plant or part of it, which may be a morphological,
biochemical, molecular or any other nature. Describing any plant based on its characteristics
(also called descriptors e.g. internode colour in sugarcane) and its expression (also called
descriptor states e.g. green, brown, yellow and are the expression / descriptor states of
internode colour of sugarcane) is known as ‘characterization’. The morphological description
of a variety can be based on:- (a) qualitative traits (also called characterization descriptors)
which are highly heritable, can be easily seen by the eye and are equally expressed in all
environments hence enable an easy and quick discrimination of different varieties (e.g.
flower colour, bud shape, etc), and (b) quantitative traits (also called evaluation descriptors)
38
expressions of these traits depends on the environment (e.g. height of a variety, yield, etc).
On the basis of the recommendation of the ‘Task Force’ for the development of DUS test
guidelines, the PPV & FR Authority has finalized the list of DUS characteristics for each
crop, which include as many as characterization descriptors and limited number of evaluation
descriptors. These characters are known as Table of Characteristics under the NTG. Under
DUS testing, these characters are examined by growing the variety in the field. So, DUS test
is a field based test. Occasionally, a variety can also be distinguished from others on the
basis of physical test (e.g. determination of fibre quality and content), biochemical
characterization (e.g. estimation of amylose content in rice, oil content in mustard, isozyme
studies) and molecular characterization (based on PCR based / DNA based markers). These
tests are conducted mostly in the laboratories and called as ‘Special Test’ under this Act.
The rule 29(1b) of the Act read as ‘special tests shall be conducted only when DUS testing
fails to establish the requirement of Distinctiveness’. So, as of now, the Authority is
conducting field based DUS test and wherever required some simple biochemical tests and
special tests.
5.5.3 Establishing database of reference collection / varieties: Field trials are conducted
involving all reference varieties either in a composite trial or in phased manner if the number
of reference collection exceeds manageable limit in a growing season. All the characteristics
as notified in the DUS test guidelines of particular crop should be recorded from the
reference collection. This data are entered in the computer in such a format that allows easy
searching of database and identifying varieties most similar to the candidate variety for
examination of distinctness.
Table 5. Table of Characteristics for sugarcane for the purpose of DUS test
Example Varieties
S. Stage of Type of
Characteristics Descriptor States Note (tropical /sub -
No. observation Assessment
tropical)
1 Co 87025 / CoLk
Plant growth Erect 1
(*) 8102 240 VG
habit
(+) Semi -erect 2 Co 86032 / CoH 110
Absent 1 Co 740
2 Leaf sheath
Sparse 3 CoC 671 240 VS
(*) hairiness
Dense 5 Co 7717
Strap-shaped 1 CoC 8201 / CoJ 83
3 Deltoid 2 Co 94012
Shape of ligule 240 VS
(+) Crescent- shaped 3 Co 97015 / CoS 767
Arch (bow) shaped 4 CoV 92103
Incipient 1 Co 89029 / CoS 767
Deltoid 2 Co 87271
Dentoid 3 98R 278
4 Shape of inner
Unciform 4 Co 8338 240 VS
(+) auricle
Calcariform 5 CoA 8401
Lanceolate 6 Co 7318
Falcate 7 Co 7805
39
 Example Varieties
S. Stage of Type of
Characteristics Descriptor States Note (tropical /sub -
No. observation Assessment
tropical)
Green 1 CoG 93076
Greenish - yellow 2 CoC (SC) 22
5 Colour of Yellow 3 CoM 6806
240 VS
(*) dewlap Yellowish - green 4 CoA 89081
Brown 5 Co 1101
Purple 6 CoC 671
Erect 1 Co 86032
6 Co 62175 / CoSe
Leaf blade Curved tip 2
(*) 92423 240 VS
curvature
(+)
Arched 3 Co 775 / CoJ 64

Narrow (< 3.0 cm) 3 Co 285

7
(*) Leaf blade width Medium (3.0 -5.0 240 MS
5 Co 87268
cm)
Broad (>5.0 cm) 7 Co 775
Weak (self de - Co 419 / CoS 88230
3
trashing)
8
Adherance of Medium ( semi
(*) 5 Co 91010 / CoS 767 300 VG
leaf sheath clasping)
(+)
Strong (tight CoA 92081 / CoS
7
clasping) 797
Green 1 Co 87044
Green yellow 2 Co 85017
Green white 3 Co 8013
9 Internode colour Yellow 4 Co 97015
(*) not exposed to Yellow gre en 5 Co 94012 300 VS
(+) sun Yellow white 6 Co 740
Orange white 7 Co 385
Greyed green 8 Co 87268
Greyed yellow 9 Co 87025
Green yellow group
1 Co 527
(RHS 1)
Yellow green group
2 Co 87268
(RHS 144 -154)
Yellow group
3 Co 86010, 97R383
10 (RHS 3 -13, 22)
Internode colour Co 86032, Co 91010,
(*) Greyed group 300 VS
exposed to sun Co 508, Co 94012
(+) (RHS 160 -182, 199) 4
Brown group (RHS
5 Co 87025
160 -182, 184, 199)
Purple group (RHS 6 Co 85002, Co 92020
59-65, 77)
11 Thin (<2.2 cm) 3 Co 8013 / CoS 8118
Internode
(*) Medium (2.2 -3.0 cm) 5 Co 86032 / CoS 8436
diameter
(+) Thick (>3.0 cm) 7 Co 8371 300 MS

40
 Example Varieties
S. Stage of Type of
Characteristics Descriptor States Note (tropical /sub -
No. observation Assessment
tropical)
Cylindrical 1 Co 97015 / CoLk 8102

12 Tumescent 2 Co 798 / CoJ 83

(*) Internode shape CoN 91132 / CoLk 300 VS
Bobbin shaped 3
(+) 7901
Conoidal 4 Co 89029
Obconoidal 5 CoA 93082
Curved 6 Co 85019
Co 91010 / CoS 767
Absent 1
Internode Zig -
13 300 VG
zag Alignment Co 87044 / CoSe
Present 9
95422
Internode growth Absent 1 Co 97015 / CoS 767
14 300 VS
crack Present-high 9 Co 8021 / CoS 98259
Smooth 1 Co 87268
Corky patches only 2 CoV 92103
15 Internode rind
Ivory marks only 3 Co 8338 300 VS
(*) surface
(+) appearance Corky patches and
4 Co 419,Co 86032
ivory marks present
Light 3 CoC 671 / CoS 767
16 Internode Medium 5 Co 740 / CoS 8432 300 VG
(*) waxiness Co 94008 / CoS
Heavy 7
94270
Ovate 1 Co 94008
Obovate 2 Co 7218
Oval 3 Co 8371
Round 4 97R 401
17 Pentagonal 5 Co 8011
Shape of bud 300 VG
(+)
Rhomboid 6 CoJaw 270
Rectangular 7 Co 997
Triangular pointed 8 86A 146
Beaked 9 CoSnk 05103
Small (6 mm or
3 97V 97
less)
18 Size of bud Medium (6-9 mm) 5 Co 91010 300 MS
Large (9 mm or
7 97R 401
more)
Absent 1 Co 92020 / CoS767
19 CoC 671 / CoS
Bud groove Shallow 3 300 VS
(*) 96275
Deep 5 Co 86010 / Co 89029
Absent 1 Co 97015 / CoS767
20
Bud cushion Co 86032 / CoH 300 VS
(*) Present 9
92201
41
 Example Varieties
S. Stage of Type of
Characteristics Descriptor States Note (tropical /sub -
No. observation Assessment
tropical)
Below growth ring 1 Co 8208
21 Bud tip in 300 VS
relation to Touching the ring 3 CoC 671
growth ring Above growth ring 5 Co 62175
Weak (Not
22 Prominence of 1 Co 85004
swollen) 300 VS
(+) growth ring
Swollen (strong) 9 Co 89029
Co 8338 / CoSe
Narrow 3
Width of root 95422
23 band opposite t o Medium 5 Co 86032 / CoS 767 300 MS
bud CoA 90081 / CoS
Broad 7
95270
Co 94012 / CoLk
Internode cross - Round 1
8001
24 360 VS
section
Oval 2 Co 86032 / CoS 767
Absent 1 Co 85002 / CoS 767
Internode
25 Co 89029 / CoSe 360 VS
pithiness Present 9
92423
Low (<3.0) 3 Co 85002 / CoS 8436
26 Number of Medium (3.0 – 5.0) 5 Co 97015 / CoS 767
360 MS
(+) millable canes High (5.1 – 7.0) 7 Co 94012 / CoS 8118
Very high (>7.0) 9 Co 85004
Short (<1.75 m) 3 Co 87271
27 Medium (1.75-2.5 m) 5 Co 97015
Cane height 360 MS
(+)
Tall (2.5 – 3.25 m) 7 Co 94012
Very tall (>3.25 m) 9 CoC 773

5.6.1 Type of assessment: Measurement by a single observation on a group of plants or

parts of plants is indicated by letter MG whereas measurement of a number of individual
plants or parts of plants is indicted by MS. Visual assessment by a single observation on a
group of plants or parts of plants is denoted by VG while visual assessment by observation
of individual plants or parts of plants is indicated by VS in the table.
5.6.2 Stage of observation: In the table of characteristics of crop specific DUS testing
guidelines, morphological characteristics are arranged in chronological order of recording
observation starting from sowing to harvesting (Table 6). Under the heading ‘Notes” number
from 1 to 9 are allotted corresponding to each state or expression. These are for computer
processing. The table may also carry a column for indicating the plant growth stage on
which the characteristics should be recorded.
5.6.3 Essential characteristics: Some characters in the table are marked with an asterisk (*),
the meaning of which is that these traits are treated as important / essential traits in all the
countries, hence needed as a minimum information for describing the variety and should be
examined and included in the description of a variety. DUS guidelines for rice contain 62
characteristics, but 28 of them are considered essential bearing (*) sign (Table 7).
42
 Table 6. Growth stage and numerical code of wheat descriptor

Sl No. Growth Stage Code Description of Growth Stage

1 Germination
09 Leaf just at coleoptile tip
10 First leaf through coleoptile
11 First leaf unfolded
2 Tillering
25 Main shoot and 5 tillers
26 Main shoot and 6 tillers
27 Main shoot and 7 tillers
28 Main shoot and 8 tillers
29 Main shoot and 9 tillers
3 Booting
40 Early boot stage
41 Flag leaf sheath extending
43 Boots just visibly swollen
47 Flag leaf sheath opening
49 First awns visible (in awned forms only)
4 Inflorescence
50-51 First spikelet of inflorescence just visible
52 1/4 of inflorescence emerged
5 Anthesis
60-61 Beginning of anthesis
64-65 Anthesis half-way
68-69 Anthesis complete
6 Milk development
73 Early milk
75 Medium milk
77 Late milk
7 Dough development
83 Early dough
85 Soft dough
87 Hard dough
8 Ripening
91 Caryopsis hard (difficult to divide by thumb-nail)
92 Caryopsis hard (can no longer be dented by thumb-nail)
93 Caryopsis loosening in daytime
94 Over-ripe, straw dead and collapsing

5.6.4 Standard characteristics: The table also contains additional characteristics without an
asterisk, which are considered helpful in taking final decision on the variety. These traits
may not be considered necessary by all the countries.

43
 Table 7. Essential characteristics in rice for the purpose of conducting DUS test
Sl No. Characteristics (Descriptor) States
1 Leaf sheath colour Green, light purple, purple line, uniform purple
2 Leaf blade pubescence Absent, weak, medium, strong, very strong
Anthocyanin colouration of
3 Colourless, light purple, purple
auricle
4 Ligule shape Truncate, acute, split
5 Colour of ligule White, light purple, purple
Time of heading (50% of Very early (<71 days), early (71 -90 days), medium (91 -
6
plants with panicle) 110 days), late (111-130 days), very late (>131 days)
7 Altitude of blade Erect, semi erect, horizontal, drooping
Density of pubescence on
8 Absent, weak, medium, strong, very strong
lemma
Anthocyanin colouration of
9 Absent, weak, medium, strong, very strong
lemma apex
10 Stigma colour White, light green, yellow, light purple, purple
Stem length (excluding Very short (<91 cm), short (91 -110 cm ), medium (111 -
11
panicle) except floating rice 130 cm), long (131-150 cm), very long (>150 cm)
Anthocyanin colouration of
12 Present, absent
node
Very short (<16 cm), short (16 -20 cm), medium (21 -25
13 Length of main axis of panicle
cm), long (26-30), very long (>30 cm)
14 Altitude of flag leaf blade Erect, semi erect, horizontal, drooping
Curvature of main axis of
15 Straight, semi-straight, deflexed, drooping
panicle
16 Colour of tip of lemma White, yellowish, brown, red, purple, black
17 Awness on panicle Present, absent
Yellowish white, Yellow ish brown, Brown, Reddish
18 Colour of awn
brown, Light red, Red, Light purple, Purple, Black
19 Distribution of awn on panicle Tip only, upper half only, whole length
Erect, erect to semi -erect, Semi -erect, semi -erect to
20 Altitude of panicle branches
spreading
21 Panicle exertion Partly exerted, mostly exerted, well exerted
22 Sterile lemma colour Straw, gold, red, purple
23 Decorticated grain length Short, medium, long, long* (for basmati), extra-long
Short slender, short blade, medium slender, long bold,
Decorticated grain shape
24 long slender, long slender*(for basmati), extra long
(lateral view)
slender
White, light brown, variegated brown, dark brown, light
25 Decorticated grain colour
red, red, variegated purple, purple, dark purple
Amylose content in Very low (<10%), low (10 -19%), medium (20 -25%),
26
endosperm high (26-30%) and very high (>30%)
27 Aroma Present or absent

5.6.5 Characteristics marked with (+) sign: The sign indicates that the characteristics are
illustrated by explanation and drawing or to show that its testing method included separately.
Illustrative traits of sugarcane are shown in next page.

44
 Illustrative Characteristic of Sugarcane
Characteristic 6. Leaf blade curvature

1. Erect 2. Curved tip 3. Arched

Characteristics 12. Internode shape

1. Cylindrical 2. Tumescent 3.Bobbin 4. Conoidal 5. Obconoidal 6. Curved

Characteristic 17 Node: Shape of bud

1. Ovate 2. Obovate 3. Oval 4. Round 5. Pentagonal

6. Rhomboid 7. Rectangular 8. Triangular-Pointed 9. Beaked

45
5.6.6 Supporting evidence characteristics: These characteristics are not considered sufficient
on their own to establish distinctiveness but may provide supporting evidence under certain
situation. These traits are not included in test guidelines, but if they meet certain
requirements, are included as an annex to the test guidelines. These are not used as routine
characteristics but only at the request of applicant of the candidate variety and if a test
procedure has been agreed upon between the competent authorities (e.g. electrophoresis
test).
5.6.7 Grouping characteristics: Once characterization of reference collection is completed, the
individual varieties in the collection are divided into meaningful groups on the basis of
grouping characteristics. Characteristics that are suitable for grouping purposes are those
which are known from experience not to vary, or to vary only slightly within a variety, are
sufficiently independent of environmental influences in all regions and which are in their
various states are fairly evenly distributed within the collection. This exercise would facilitate
in selecting suitable reference varieties for comparing with the candidate variety under DUS
testing.
Table 8. Grouping characteristics in rice, wheat and sugarcane for DUS testing
Rice Wheat Sugarcane
a) Leaf sheath colour a) Anthocynin coloration of auricle a) Growth habit
b) Time of 50% heading b) Time of ear emergence b) Leaf blade curvature
c) Stem length c) Plant length c) Adherence of leaf sheath
d) Grain length d) Presence of awn or scurs
e) Grain shape e) Pubescence on outer glume
f) Decorticated grain colour f) Ear colour
g) Amylose content in endosperm g) Season type
h) Grain aroma h) Grain hardness

5.7 Conducting DUS test for candidate variety

5.7.1 Seed requirement: If the application upon initial scrutiny found in order, the Registrar
shall notify the breeder to deposit the fee for DUS test and seeds. The breeder has to
deposit a fixed quantity of seeds without chemical or pre-treatment or the propagating
material including seeds of parental line of the registered variety. The seeds should be of
high quality with prescribed germination percentage and physical purity as applicable for the
variety of that species (phytosanitary and germination reports should be attached with the
seeds). A part of the seed sample will be sent to the DUS centre for conduct of DUS tests
and a part of it will be kept by the Authority in the National Gene Bank where it will be
maintained for their entire period of protection. Keeping in view that the seeds are living
biological entities and sowing in done on cropping system basis, a schedule for the receipt of
seed samples has been developed to facilitate the DUS testing procedures.
46
Table 9. Time schedule for receiving seed samples by the Authority for DUS testing
Month of receiving seed
Crop Quantity of Seeds
sample
Rice December to 15th April 3 kg for parent and hybrid & 1.5 kg
Wheat April to 14th August for each of parental line of hybrid.
Maize: 3 kg for parent and hybrid &
1.5 kg for each of parental l ine of
hybrid.
Maize, Sorghum, Pearl Millet December to 15th March
Sorghum & Pearl millet: 1 kg for
parent and hybrid & 500 g for each
of parental line of hybrid
3 kg in case of Kabuli type and
Chickpea April to 14th August
2 kg in case of Desi type
Urd/Mung: 1 kg
Red gram, Black gram, Green Arhar: 2 kg for parent and hybrid &
December to 15th March
gram, 1.5 kg for each of parental line of
hybrid
Rajma: 3 kg
April to 14th August Peas: 2 kg
Masoori dal: 1 kg
400 g for variety or hybrid and
Cotton
parents each
Sugarcane 400 single bud in one submission
5.7.2 Test plot design: The size of DUS test plot may vary with crops. For rice, plot size is
30 rows of 6 m length with an inter row distance of 30 cm and inter-plant distance of 20 cm
(900 plants/plot) with 3 or 5 replications for irrigated or stress situations. For wheat 6 rows of
6 m spaced at 30 cm in 3 replications (360 plants) is notified. For sugarcane 4 rows of 6 m
long at 90 cm inter-row distance is sufficient. The number of characteristics to be recorded
is also vary from crop to crop. The data of all the traits of all the reference collections
should be recorded by following the crop specific guidelines issued by the Authority
(published in PVJ of India, also in the website www. Plantauthority.gov.in). The table of
characteristics of the concerned crop should be referred before taking observations.
5.7.3 Selection of reference varieties for comparison: The candidate variety has to be
compared with the existing varieties in reference collection for its distinctiveness. But, in
practice, it would be very difficult to assess the candidate variety for distinctness against all
the varieties in reference collection. Therefore, two or more reference varieties which are
deemed to be the most similar to the candidate variety are selected from the reference
collection and then test is conducted. For selecting the most similar reference varieties, the
reference collections are grouped based on the grouping characteristics and IINDUS
software is used. Some varieties of reference collection similar to the candidate variety may
fall in a particular group and the candidate variety is compared with one or two reference
varieties in that group. In most agricultural crop species, the groups are actually formed in
47
the trials while in fruit tree species the groups appear on paper only since trees cannot be
rearranged annually according to new candidate varieties.
5.7.4 Conduct of test: The candidate variety with two or more similar reference varieties
constitutes the DUS test materials. The trial for new varieties will be conducted for two
seasons and at two locations at the identified DUS testing Centre under the supervision of
nodal officer of the DUS test Centre. The test is periodically monitored by the Monitoring
Committee constituted by the Authority. At the end of the trial, if the candidate variety is
found distinct by at least one essential characteristic from the reference varieties, if it is
sufficiently uniform in the expression of its essential characteristics and its characters remain
stable after repeated propagation or at the end of each propagation cycle the variety it is
deemed to satisfy the DUS criteria. A report in this regard will be submitted by the DUS
Centre nodal officer to the Authority. The Registrar, after examining the report and subject to
the fulfillment of other provisions of the Act, shall register the candidate variety in the Plant
Varieties Registry and issue a Certificate of Registration to the breeder of the variety.

48
 CHAPTER 6
Progress in the Registration of Plant Varieties
The PPV & FR Act of India is one among the meticulously articulated legislations of
India and a role model to the developing countries. The Act has evoked awareness among
Indians on intellectual property rights associated with plant varieties and rights of breeders,
farmers and tribal community who have provided genetic materials for breeding a variety.
There is overwhelming response to the Act from the institutions of ICAR, State Agricultural
Universities, private research institutions, seed industry and from farmers as seen from the
huge number of application filed for getting protection of their varieties. A brief report on the
achievement of the Authority is presented below.
6.1 Expansion of number of species notified for registration: The number of species and
genera notified under the Act has been increasing from 12 at the end of 2006 to 45 at the
end of 2011. The list of so far notified crops is shown below.
1. Black gram 16. Ginger 31. Pearl millet
2. Black pepper 17. Gobhi Sarson 32. Pigeon pea
3. Bread wheat 18. Green gram 33. Potato
4. Brinjal 19. Groundnut 34. Rapeseed
5. Cabbage 20. Indian Mustard 35. Rice
6. Castor 21. Karan rai 36. Rose
7. Cauliflower 22. Jute (olitorius) 37. Safflower
8. Chickpea 23. Jute (capsularis) 38. Sesame
9. Chrysanthemum 24. Kidney bean (Rajmash) 39. Small cardamom
10. Cotton (arboreum) 25. Lentil 40. Sorghum
11. Cotton (herbaceum) 26. Linseed 41. Soybean
12. Cotton (hirsutum) 27. Maize 42. Sugarcane
13. Cotton (barbadense) 28. Mango 43. Sunflower
14. Field pea & Garden Pea 29. Okra 44. Tomato
15. Garlic 30. Onion 45. Turmeric

6.2 Increase in number of application

6.2.1 Variety-wise response: The
Authority starts receiving applications for
Registration of Varieties from 21 May
2007. Since then and till the end of
August 2011, the number of filed
application rose to 2619 (Fig 1). A major
portion i.e. 54% of the applications (1423
applications) were filed by ICAR institutes
and State Agricultural Universities for the
registration of extant varieties (EV) i.e. released varieties which were notified under the Seed
49
Act, 1966. The applications for the EV have been scrutinized by the Extant Variety
Recommendation Committee (EVRC) and many of them have been taken up for DUS test.
About 969 applications (37% of the total filed applications) were under the category of New
Varieties (NV) evolved by private breeders/ private sector institutions and public sector
institutions like ICAR and SAUs. About 226 applications were under the category farmers'
varieties (FV). Under the essentially derived variety, only one application was filed (for
cotton) so for.
6.2.2 Crop-wise response: Of the 45 notified crop species, the authority so for got
application under 38 crop species. Application for safflower, Linseed, gobhi sarson, karan rai,
garlic, mango and rose has not yet received / yet to be taken for processing. Cotton sector,
dominated by private seed industry has shown good response (Table 10). The total
application filed till August 2011 was 651 under tetraploid cotton and 42 under diploid cotton,
both put together account for 1/4 of the total application. Rice sector has stood 2 position
th nd

with the contribution of 522 out of 2619 application. Maize sector has ranked 3rd position with
264 filing. This is followed by millet sector. Among the millets, pearl millet and sorghum
sector has dominated with 185 and 165 applications, respectively. Wheat has ranked after
millets with only 123 applications. Among the vegetables, brinjal (116 applications) and
tomato (75 applications) sectors has shown good response. The number of filed applications
for the remaining 28 crops was less than 75 per crop.
6.2.3 Progress in grant of Certificate of Registration: The Authority till the end of November
2011 has registered 326 varieties in the Plant Varieties Registry and issued Certificate of
Registration to the applicant / breeder. Out of 45 notified crops (or out of 39 crops for which
application was received) so for, the Certificate of Registration have been issued on 18 crop
species namely bajra, black gram, chick pea, cotton (4 species), green gram, jute (2
species), lentil, maize, pea (field pea and garden pea), rajmash (kidney bean/ French bean),
red gram, rice, sorghum and wheat (Fig 2). The maize and bread wheat sector has got the
maximum certificates. Although there was huge number of applications (693) under cotton,
only 41 varieties and hybrids have been registered till November 2011. Extant varieties
notified under the Seed Act 1966, has accounted 313 out of 326 registered varieties followed
by 10 new varieties and 3 farmers varieties. ICAR institutes alone have got 236 certificates
of registration. The remaining variety belongs to either private breeders or SAUs. The
interest of seed industry in investing breeding research in crops like cotton, pearl millet,
sorghum, maize, rice and wheat was reflected in the number of registered varieties.
6.2.4 Historical achievement: Out of 226 applications received under the category of
farmers' varieties, 3 traditional farmers' varieties of rice viz. Indrasan, Hansraj and Tilak
Chandan were granted registration during 2009. The farmers who have filed application for
these varieties are Sh. Indrasan Singh, Sh. Arun Kumar, and Sh. Dev Nath Verma
respectively, residing in the State of Uttarakhand. By doing so, India became the first country

50
 Table 10. Crop-wise no. of application received from May 2007 to Aug 2011
Farmers’ New Extant
Sl No Crop species Total
variety Variety Variety
1 Chrysanthemum 2 2
2 Indian mustard 1 1 2
3 Rapeseed (Toria) 2 2
4 Ginger 3 3
5 Small cardamom 3 3
6 Black pepper 4 4
7 Sesame 4 4
8 Turmeric 4 4
9 Groundnut 2 3 5
10 Soybean 3 3 6
11 Sugarcane 5 2 7
12 Cabbage 7 1 8
13 Castor 5 3 8
14 Onion 8 8
15 Kidney bean/French bean 5 1 9 15
16 Tossa Jute (C. olitorius) 2 9 11
17 White Jute (-C. capsularis) 3 13 16
18 Lentil 1 18 19
19 Potato 3 16 19
20 Cauliflower 19 5 24
21 Field pea & Garden pea 3 25 28
22 Okra 21 8 29
23 Black gram 4 31 35
24 Green gram 4 33 37
25 Pigeon pea 2 21 24 47
26 Chickpea 2 8 46 56
27 Sunflower 39 23 62
28 Tomato 42 33 75
29 Brinjal 68 48 116
30 Bread wheat 6 17 100 123
31 Sorghum 1 78 97 176
32 Pearl millet 75 110 185
33 Maize 126 138 264
34 Rice 210 109 203 522
35-36 Diploid Cotton (G. arboreum &
5 37 42
G. herbaceum)
37-38 Cotton (G. hirsutum & G.
EDV-1 297 354 652
barbadense)
FV 226 +
Total 969 1423 2619
EDV 1
51
6.2.5 Protected or registered varieties of crop plants in India: For the information /
awareness among breeders, farmers, persons in seed industry and general public and to
avoid infringements on the rights of the plant breeders who have registered their varieties for
protection under the PPV & FR Act, a list of successfully Registered Varieties for which
Certificate of Registration was granted by the Registrar, PPV & FR Authority, from May 2007
to till November 2011 in different crops are presented below.
Table 11. Registered crop varieties in India from Feb 2009 to Nov 2011
Name of the Breeder /
Crop Variety
Applicant
JK Agri Genetics Ltd,
Hyderabad;
JKRH 401, Pratikshya, Jogesh, Jagabandhu, Prachi, Ramachandi,
OUAT, Bhubaneswar;
Mahanadi, Indrabati, Birsa Dhan 108, Sidhanta, Upahar, Gajapathi,
BAU, Ranchi;
Kharavela, Hybrid 6129, Lalitagiri, Udayagiri, Birsa vikas dhan 110,
Mr. DevNath Verma,
Birsamati, Birsa vikas dhan 109.
Rice (23) Uttarakhand;
Tilak Chandan **, Indrasan**, Hansraj**. Mr. Indrasan Singh ,
Uttarakhand;
Mr. Arun Kumar,
Uttarakhand; Bayer Crop
Science AG, Germany;
MP 4010, Shivalik, Chandrika, VL Gehun 829, Pusa wheat 107, Amrita,
Harshita, Shatabdi, Palam, Tapovan, HS 365, VL Gehun 802, VL Gehu2
832, UP 2565, Poorva, HPW 155, KRL 19, HD 2733, GW 190, NIAW
34, Aditya, Vidisha, Raj 4037, Narendra Wheat 1014, Pusa vishesh, Pusa
Bread bold, Raj 3777, UP 2526, Mandakini, UP 2554, UP 2572, Unnat Halna, ICAR;
Wheat COW (W) 1, Naina, Ujiyar, Halna, Gangotri, Prasad, HB 1761, GW 273, Mahyco, Mumbai
UP 2338, Gomti, K 9644, K 8962, K 9107, Purna, Kaushambi, Trimbak,
(59) PDKV, Akola
Amar, Bhavani, Narendra wheat 1012, DBW 16, GW 322, Pusa wheat
105, UP 2382, UP 2425, MACS 6145.

W 6001*, W 6301*.
52
 Name of the Breeder /
Crop Variety
Applicant
HM 5, Pratap hybrid maize 1, Gujarat makai 2, Pusa early hybrid makka
1, CoH 3, Vivek maize hybrid 15, Birsa makai 1, Birsa vikas makka 2,
Pusa Composite 4, D 994, Pusa early hybrid makka 3, Pusa extra early
hybrid makka 5, Gujarat makai 6, Gujarat makai 3, PMH 1, Shalimar
KG maize 2, Pusa composite 3, Gujarat makai 4, Gaurav, C 14, HM 4, ICAR;
HQPM 1, Narmada moti, Vivek maize hybrid 27, Vivek maize hybrid BAU, Ranchi; Pioneer
25, Amar, HHM 2, Vivek maize hybrid 9, CoH(M) 4, Vivek hybrid 4, Overseas Corporation
HIM 129, Pusa early hybrid makka 2, CoH(M) 5, Vivek hybrid 5, Vivek (India), Hyderabad;
Maize (63) maize hybrid 17, DMH 2, CoBC 1, VL baby corn 1, Sakhtiman 2, Win Monsanto India Ltd,
orange sweet corn, Priya sweet corn, Shalimar KG maize 1, Shaktiman Mumbai; Bioseed Research
1, Shaktiman 3, Shaktiman 4, Vivek maize hybrid 21, Pratap makka 3, Pvt Ltd,Hyderabad; Bisco
Pratap makka 4, NAC 6004, NAC 6002, 30 B 07, Vivek Maize hybrid BioScience Pvt Ltd,
23, Azad Kamal , PMH 2, Parkash, Buland, Bio 22027, Seed Tech 740. Secunderabad

MIM 601*, MIM 101*, MIM 611*, MIM 311*, MIM 301*.
JKBH 26, GHB 719, GHB 538, Parbhani sampada, GHB 526, GHB
Pearl millet 558, MP 406, CoCu 9, HC 20, RHB 121, CoH (Cu) 8, Pusa Composite JK Agri Genetics Ltd,
(35) 383, Samrudhi-MP 282, JBV 2, X-6, Pusa bajri 266, Shradda, HHB 67 Hyderabad; New Nandi
improved, HHB 117, Haryana Composite 10, X-7, RBH 30, Nandi 52, Seeds Corporation,
Nandi 62, Nandi 35, Nandi 8, Nandi 30, Nandi 32, GICKV 96752, Ahmedabad;
JKBH 676, Proagro 9444, PCB 164, PHB 2168, GHB 744, Pusa Bayer Bioscience Pvt Ltd,
Composite 443. Hyderabad.
JKSH 22, CSH 13, CSH 16, CSH 18, CSV 216, CSH 15R , CSH 17,
JK Agri Genetics Ltd,
CSV 15, CSH 22SS, CSH 20-MF, RSSV 9, Pantchari 5, Haryanachari
Sorghum Hyderabad; PDKV, Akola;
308, AKSSV 22, PKV Karanti.
(18) ICAR;
MAHYCO, Mumbai.
J 1126*, J 1062*, JKSH 574*.
VICH 5, Ajeet 33, Ajeet 11, VICH 9, Ankur 651, Sumangala, Surabhi, ICAR; Vikram Seeds Ltd,
NCS 207-Mallika, Pratap Kapi-1, Shresth, Hybrid Kalyan, Pratima, Ahmedabad; Ajeet Seeds Ltd,
Aurangabad; Ankur Seeds Ltd,
Jawahar Tapti, AKA 8, PKV Hybrid 4, H 1117, HD 324, HHH 287, H Nagpur; Nuziveedu Seeds Ltd,
Cotton (41) 1226, HHH 223, Desi cotton hybrid 1, HD 123, H 1098, MCU 12, KC Hyderabad; MPUAT, Udaipur;
2, MCU 13, PAU 626H, F 1861, Vigad Kalyan, Ankur-09, NCS 145- JNKVV, Jabalpur; PDKV, Akola;
Bunny, G.Cot 19, G.Cot 21, KC 3, SVPR 2, SVPR 3, F 1378, CICR 2, CCSHAU, Hisar, TNAU,
G.Cot 18, G.Cot-MDH 11, G.Cot Hybrid 12. CBE, PAU,Ludhiana; MPUAT,
Udaipur; NAU, Navsari.
Red gram (2) TT 401, Jawhar Tur -189. ICAR
Black gram Shekar 2, KU 91, Azad Urd 3, Uttra, Azad urd 1, Barkha, Pant Urd 31, ICAR OUAT, Bhubaneswar
(10) Pant Urd 40, Shekar 3, Ujala.
Pusa Vishal, Kamadeva, Meha, Dhanu, Co 6, Ganga-8, BPMR 145,
Green gram RMG 492, Pant Moong 4, Malviya Janpriya, OBGG 52, CoGG 912, ICAR;
(20) Malviya Janchetna, Pusa 9531, Malviya Jyoti, Malviya Jagriti, PDM PDKV, Akola
139, ML 818, Shalimar moong 1, Tarm 18.
Chick pea Pusa 547, Asha , Haryana Channa 3, Haryana Channa 5, Arpan,
Haryana Kabuli 1, Anubhav, Pusa 391, Pusa Chamtkar, Abhar, Arpita, ICAR
(14)
Abha, Arpana, Aruna.
Field pea (14) Indra, Vikas, Jay, Pusa Panna, Pusa prabhat, Prakash, Adarsh, Malviva
Matar 15, Pant pea 25, Ambika, Swati, Shubra, Pant Pea 14, VL mattar 42. ICAR
Garden pea (5) Kashi Nandini, Kashi Shakti, Kashi Mukti, Kashi Udai, Arka Ajit.

Lentil (10) Noori, Narendra masoor-1, VL Masoor 126, Azad Masoor-1, Sheri,
Pant Lentil 5, VL masoor 103, VL masoor 507, Shalimar masoor 1, ICAR
Pusa vaibhav.
Kidney bean (5) Utkarsh, Kashi Puram, Amber, Shalimar Rajmash-01, Arka suvidha. ICAR
Jute (7) Mitali white, Surya, JRO 66, Subala, Shakti Tossa, Bidhan Pat-1, ICAR
Bidhan Pat-2.
* refers to New Varieties, ** refers to Farmers' Varieties Others are Extant varieties
53
 CHAPTER 7
Protection of Unreleased Plant Varieties and Genetic Stocks

Plant breeders working in the National Agricultural Research Systems (NARS) of India
are evolving improved strains or lines (a variety is called strain before its official release) or
varieties of agricultural and horticultural crops either by adopting breeding methods like:- i)
selection from unimproved population which may be a landrace, farmers' varieties,
germplasm, or by hybridization between two or more genotypes, ii) hybridization between
inbreds and selecting heterotic F1 hybrids (heterosis breeding) iii) hybridization followed by
selection in the segregating population (recombination breeding), iv) hybridization followed by
backcrossing and then selection (back cross breeding), v) subjecting the seeds/propagules to
physical or chemical mutagen (mutation breeding), vi) manipulation of ploidy level of the plant
(polyploidy breeding), vii) through manipulation at cell or tissues levels using biotechnological
methods (tissue culture and molecular breeding). The newly evolved strains, after preliminary
testing in the experimental station, are proposed for multi-location trials either in the All India
Coordinated Research Project (AICRP) of the ICAR in all India basis or trials conducted by
the State Govt. / State Agricultural Universities in their respective States. As per the existing
guidelines for release of a new variety, only those strains (also called entries in AICRP trials)
which performed better than the existing check varieties either for yield or quality or both
gets passed and released either by the State or Central Variety Release Committee for
cultivation (after that the variety become public domain). The released varieties are
subsequently notified by the Central Govt. under the Seed Act, 1966 so that it gets into the
seed production chain.
At this point, the breeder who developed the variety, if he wishes, can protect his
variety, by filing application under PPV&FR Act, either as a new variety or as an extant
variety. Not all the strains of breeders attain the 'varietal status' at all time. A large number of
otherwise-promising breeding products, which is also an outcome of the efforts of the
breeders, not succeeded in the variety release chain, may lie at the hand of the breeder
without much utility. These materials, although poor in yield and quality or not having direct
or immediate values to the farmers or to him but certainly serve a prospective germplasm for
others under specific situation. Such breeding products (strains/lines) possessing specific
genetic trait(s) or potential values is called 'genetic stocks'. For example, the material may
be good in yield but poor with respect to pest and disease resistance, or may be excellent in
quality or nutritive value but poor in yield or other agronomic performance, or may exhibit
adaptability under biotic stresses but may not yield well can be categorized as 'genetic
stocks'
For quite long time, there was no mechanism in India to document such materials or to
promote their use and to recognize and reward the breeder of such materials. In this context,
the ICAR has instituted a mechanism for “Registration of Plant Germplasm” in 1996 under
54
the Chairmanship of Deputy Director General (Crop Science) with an objective of
documenting potentially valuable germplasm and genetic stocks, to give credit to the breeder
who developed it, and to promote facilitated access of the potentially valuable genetic
stock/germplasm among breeders. The National Bureau of Plant Genetic Resources
(NBPGR), New Delhi has been designated as nodal agency for the purpose of germplasm
registration. A total of 897 germplasm belonging to 75 crop species have been registered till
2010.
7.1 Germplasm eligible for registration: Germplasm or genetic stock of agricultural,
horticultural and other economic crops, including agro-forestry species, spices, medicinal and
aromatic plants, ornamental plants, which is unique, uniform and stable, and has potential
attributes of academic, scientific or commercial value can be registered subject to production
of scientific evidence for its uniqueness, reproducibility or value in the form of publication
either in a peer reviewed journal (a copy of reprint to be submitted), or evaluation data for at
least three years under AICRP trial/nursery tests supported with relevant extracts of the
documents or verification by concerned PD/ PC or three location data under any other
relevant system and/or publication in institute annual report or any other such reports and/or
certificate of the validation test of the claimed attribute by any institution as per the advice of
registration authority.
7.2 Germplasm not-eligible for registration: Exotic material per se, with no evidence of
human intervention, varieties of common knowledge or selection from traditional or farmers'
varieties without prior approval from the concerned, variety of prior art, with no evidence of
human intervention, varieties and hybrids (including parents) released in the country, zone or
state (however, parental lines of non-released hybrids will be considered), germplasm of any
genera or species, which involves any technology, including Genetic Use Restriction
Technology (GURT) or involves technology which is injurious to the life or health of human
being, animals or plants.
7.3 Procedures for registration of germplasm / genetic stocks
1. Application without documentary evidence on the importance of germplasm, and which
do not contain complete passport data including authenticated taxonomic identity,
parentage, institutional or national identity, geographical location of origin and all such
information relating to the development and contribution, if any to the uniqueness of the
germplasm, will not be accepted.
2. Application in the prescribed form (Form A can be downloaded from http://www. nbpgr.
ernet.in/ download.htm) duly signed by the applicant and the Head of the Institution
shall be made to the Director, National Bureau of Plant Genetic Resources, Pusa
Campus, New Delhi110 012.
3. The application shall accompany seeds /propagules of the germplasm. In case of
vegetatively propagated crops the materials can be sent directly to the National Active
55
 Germplasm Sites (NAGS) but a copy of acknowledgment issued by the NAG sites
should be attached.
4. If the germplasm belongs to the class of orthodox seeds (i.e. desiccation tolerant
seeds), a minimum of 5000 seeds in case of cross-pollinated crops, 3000 seeds in
case of self-pollinated crops and 5001000 seeds in difficult species, such as some
vegetables, medicinal and aromatic plants, wild relatives etc should be submitted to the
NBPGR for conservation in the ex-situ gene bank. The seed should be fresh, healthy
and should not have been treated with chemicals. If the germplasm is a recalcitrant
seeds (desiccation intolerant seeds, characterized by large size and high moisture
contents (20-80%) at the time of harvest / shedding),preferably more than 1000 seeds
or even small quantity may be submitted. Intact fruit or extracted seeds with/without
fungicide treatment can be sent to the National Active Germplasm Sites (NAGS) of the
relevant crop (its location & addresses can be downloaded from the NBPGR website)
for establishment in the field gene bank or to the NBPGR in cases, the established
protocols for such crop such as cryogenic technology is available at NBPGR. If the
germplasm belongs to the kind of vegetatively propagated crop species, its
disease free tubers, bulbs, rhizomes, cuttings, etc. have to be supplied to the
concerned crop based designated NAGS for initial establishment and conservation. At
least 10-25 propagules (depending on crop) should be supplied to the concerned
NAGS for maintenance in their field gene bank / repository or in-vitro repository (if
available) An acknowledgment for the deposition of the germplasm has to be obtained
from concerned NAGS which can be submitted along with the application.
5. The Member Secretary, Plant Germplasm Registration Committee (PGRC), upon receipt
of the application and seeds or acknowledgment for deposition of seeds, will issue an
acknowledgment to the applicant with date. After, initial scrutiny, he will forward the
application and related documents to the Project Director (PD) or Project Coordinator
(PC) of the concerned crop for validation of the information, particularly on uniqueness
and novelty of the proposed germplasm.
6. The proposals complete in all respect along with the comments of relevant Director, PD
or PC will be put up to the PGRC for consideration. The PGRC under the
Chairmanship of DDG (Crop Science) will meet at least twice a year. The proposal, if
in order, will be accepted with the concurrence of the Chairman and entered in the
Permanent Register kept in the NBPGR along with the details on the unique traits and
other related information of the germplasm and date of approval by PGRC.
7.4 Validity of registration: 18 years for trees and vines and 15 years for other plant
species, after which the registered germplasm would be national sovereign property.
7.5 Publication of registered germplasm: The germplasm material approved for registration
would be communicated to the applicants along with Registration Number. A Certificate of
Registration is also issued. A brief description of the germplasm will be published in
56
periodicals, such as Indian Journal of Plant Genetic Resources and NBPGR Website
http://nbpgr.delhi.nic.in, and additionally in Indian Journal of Genetics and Plant Breeding, or
NBPGR Newsletter, or ICAR News or in the concerned Crop Newsletter, if any or ICAR
Annual Report(s)
7.6 Conservation and utilization of registered germplasm: Registered germplasm will be
conserved either in the National Gene bank or at designated crop/ plant-based NAGS. All the
material registered with PGRC will also be sent to the relevant Director, PD/PC or NAGS
with request for sowing/planting of registered germplasm in demonstration plots for annual
field days, multiplication and distribution to the bonafide users.

Note: A registration may be repealed by the PGRC in case of false claim(s) or disputed IPR claim.
Appeal for counter claim, if any, should reach the PGRC within a period of three months of the
publication of brief note in the Indian Journal of Plant Genetic Resources.

57
 References

Balaravi, S. 2004. Manual on Farmers Rights. M.S.Swaminathan Research Foundation, Chennai,

80p.
Bijoy, C.R. 2007. Access and benefit sharing from the indigenous peoples' perspective: The
TBGRI-Kani 'model'. Law, Environment and Development J. accessed at http://www.lead
journal.org/content/07001.pdf
Kochhar, S. 2010. How effective is sui generis plant variety protection in India: Some initial
feedback. J. Intellectual Property Rights 15: 273-284.
Nagarajan, S., Trivedi, R.K., Ganesh, D.S.R. and Singh, A.K. 2010. India registers plant varieties
under PPV&FR Act, 2001. Current Sci. 99(6): 723-725
NBPGR, 1997. Guidelines for registration of plant germplasm. National Bureau of Plant Genetic
Resources, ICAR, New Delhi. Accessed at http://www.nbpgr. ernet.in/ download/
reg_ppv&fra.pdf
Pandey, S.K. and Minhas, J.S. 2005. Souvenir. National conference on IPR and management of
agricultural research. Organized by ICAR and Indian Potato Association at NASC, New Delhi
on 27-29 Aug 2005, 122p.
Shanker, A. R., Kochhar, S. and Gautam, P. L. 2000. Plant Variety Protection: Lessons from cross-
country perspective. Policy Brief No. 11. National Centre for Agricultural Economics and
Policy Research (ICAR), New Delhi, 2000
Swaminathan, M.S. 2009. The Protection of Plant Varieties and Farmers' Rights Act: From
legislation to implementation. Current Sci. 82(7): 778-780
Gazette of India
The Gazette of India, Extraordinary Part II-Section 3-Sub-section (ii) G.S.R.1884(E) dated 1
November 2006.
The Gazette of India, Extraordinary Part II-Section 3-Sub-section (ii) G.S.R. 2229(E) dated 31
December 2007.
The Gazette of India, Extraordinary Part II-Section 3-Sub-section (ii) G.S.R. 1874(E) dated 27 July
2009.
The Gazette of India, Extraordinary Part II-Section 3-Sub-section (ii) G.S.R. 2182(E) dated 26
August 2009.
The Protection of Plant Varieties and Farmers' Rights Act, 2001. The Gazette of India,
Extraordinary No. 64 dated 30 October 2001.
The Protection of Plant Varieties and Farmers' Rights Rules, 2003. The Gazette of India,
Extraordinary Part II Section 3-Sub-section (i) G.S.R. 738(E) dated 12 September 2003.
The Protection of Plant Varieties and Farmers' Rights Regulations, 2006. The Gazette of India,
Extraordinary Part IISection 3-Sub-section (i) G.S.R. 740(E) dated 7 December 2006.
The Protection of Plant Varieties and Farmers' Rights (Criteria for Distinctiveness, Uniformity and
Stability for Registration) Regulations, 2009. The Gazette of India, Extraordinary Part II
Section 3-Sub-section (i) G.S.R. 452(E) dated 29 June 2009.
The Protection of Plant Varieties and Farmers' Rights (Second Amendment) Rules, 2009. The
Gazette of India, Extraordinary Part II-Section 3-Sub-section (i) G.S.R. 783(E) dated 27
October 2009.
The Protection of Plant Varieties and Farmers' Rights (Amendment) Rules, 2009. The Gazette of
India, Extraordinary Part II-Section 3-Sub-section (i) G.S.R. 319(E) dated 11 May 2009.
58
Web Resources Accessed
K Biological Diversity Act, 2002 accessed at http://www.nbaindia.org/introduction.htm
K Intellectual Property Rights. Accessed at Intellectual Property India http://ipindia.nic.in/
K International Treaty on Plant Genetic Resources (ITPGRFA). Accessed at http://www.
http://www.planttreaty.org/
K PPV & FR Act, 2001 and its amendments. Accessed at www.plantauthority.gov.in
K The Global Biodiversity Assessment, 1995. World Resources Institute, Washington, DC.
Accessed at http://jrscience.wcp.muohio.edu/student research/climatechange
02/kyoto/articles/UNEP.pdf
K The Seeds Bill, 2004. Accessed at http://seednet.gov.in
K The World Trade Organization (WTO) and TRIPS accesses at http://www.wto.org/ index.htm

59
 Addendum 1: Application Form 1
FORM -1
(See regulation 10)
APPLICATION FOR REGISTRATION OF NEW VARIETY, EXTANT VARIETY
AND FARMERS’ VARIETY UNDER PROTECTION OF PLANT VARIETY AND
FARMERS’ RIGHTS ACT, 2001
[See section 18, other than essentially derived variety.]
. please
(Instruction to applicant: Wherever a box item appears against queries,
tick the relevant box and provide legibly written/typed response in other queries.)

1. Identity of the Applicant (s): INDIVIDUAL BREEDER

SUCCESSOR OF BREEDER
INSTITUTIONAL APPLICANT
1
FARMER
1
COMMUNITY OF FARMERS
1
GROUP OF FARMERS
2
ASSIGNEE OF ANY OF ABOVE
3
CONVENTION COUNTRY
ANY OTHER3
1. Application on farmers' variety by farmers or community of farmers as contained in the Protection of Plant
Varieties and Farmers' Rights Act, 2001 shall be submitted only with an endorsement in Annexure 1 either by
the concerned Panchayat Biodiversity Management Committee, or District Agricultural Officer, or Director of
Research of concerned State Agricultural University or District Tribal Development Officer.
2. An assignee or legal representative applicant shall submit required proof of the right of making the
application in accordance with rule 27.
3. The Gazette Notification of Government of India should cover the country of the applicant and that India enjoys
such mutual privileges (see rule 31 of the Act).
4. For material developed by participatory plant breeding, attach documents to explicitly show the deal struck
between the farmer and the plant breeder.
2. Name(s) and Nationality of the Applicant(s)
(a.) (If natural person): [Insert additional rows, if required]
1. Serial Number.
2. Name3
3. Complete Address
4. Nationality
3
If the applicant is the authorised representative of a group of farmers/community of farmers an authorization in
Form PV 1 signed by all members of the group, or by the Head/office bearer of the community witnessed by the
two people, if the identity of the applicant is “community of farmers” shall be attached.
b.) (If a legal person; for example a firm or company or institution)
Name : -----------------------------------------------
Address of its seat or establishment : -----------------------------------------------
(Registered office) : -----------------------------------------------
Year of Incorporation : -----------------------------------------------

State whether the applicant legal person has non-Indian participation in capital or Management

If yes, identify the nationality Yes No

60
(c.) Indicate the name and address of the natural person, being an employee of the legal person, who is
duly authorized to represent the legal person (example a director of a company or a partner of a firm)

Name :------------------------
Designation :------------------------
Address :------------------------
Telephone :------------------------
Fax :------------------------
E-mail :------------------------

3. Name and Address of the Person to whom Correspondence related to this application is to be sent: (Attach
authorization in Form-PV-1, if required)

Name :------------------------
Designation :------------------------
Address :------------------------
Telephone :------------------------
Fax :------------------------
E-mail :------------------------

4. General Information of the Candidate Variety:

Common name of the Crop : --------------------------------
Botanical name4 : --------------------------------
Family : --------------------------------
Denomination (in block letters) : --------------------------------
4
Botanical names mean the scientific name approved by the International Code for Nomenclature of Cultivated Plants,
2004.

5. Type of variety (see chapter III of the Protection of Plant Varieties and Farmers' Rights Authority, 2003)

NEW VARIETY EXTANT VARIETY FARMERS' VARIETY

6. (a.) Classification of the Candidate variety:

TYPICAL VARIETY5
HYBRID VARIETY*
TRANSGENIC
OTHER (SPECIFY)
5
Typical variety means a variety, which is not a hybrid or an essentially derived variety and normally propagated
by using propagules saved from previous crop production cycles (Example pure lines including parental
lines/composite varieties or vegetative propagated varieties)
* The hybrid and not a transgenic hybrid. In case of transgenic attach copy of the Genetic Engineering Approval
Committee clearances for cultivation and seed productions.
(b.) What is (are) the Distinctness. Uniformity. Stability feature on the basis of which registration is sought.
Explain in detail the group characters (see specific guidelines for details). Attach 'Technical
Questionnaire' sheet with all needed details duly signed with seal.
(c.) If new variety is a transgenic attach clearance on Bio-safety from Ministry of Environment and Forests.
7. Names and Addresses of Breeder(s) who has/have bred the candidate Variety6:
Name :------------------------
Address :------------------------
Telephone :------------------------
Fax :------------------------
E-mail :------------------------
Nationality :------------------------
6
In case of more than one breeder mention all names as (ii), (iii) and so on in the above format. If required insert extra page.
In the case the variety is evolved and conserved 'by group or community of farmers', it shall be endorsed in Annexure I.

61
8. (a.) Details of all other earlier applications made on the candidate variety in convention countries or other
countries (if applicable):
Variety denomination : -------------------------------------------
Nature of right applied for : Plant Breeders' Rights Patent
Filing Date (Attach evidence) : -------------------------------------------
Name of the Country : -------------------------------------------
Name of the Authority : -------------------------------------------
Application Number : -------------------------------------------
Nature of right applied for : Under process Approved Rejected

(If required, repeat the above for each applicable country and attach separate sheet)
(b.) Priority is now claimed in respect of the earliest application for a candidate variety of said denomination (if
applicable):
In (country) : -------------------------------------------
On (date of application) : -------------------------------------------
9. Has the candidate variety been commercialized or otherwise exploited?
Yes No
If yes, please indicate the following:
Date of the first sale of the variety : …………………………………..
Country (ies) where protection is made : …………………………………..
Denomination used : ………………………………….
Trademark used, if any : …………………………………..
Variation in important trait with Respect to first filing: (attach sheet)
10. (a.) If the candidate variety is a hybrid, state whether all the parental lines required for the repeated
propagation of the hybrid are bred exclusively by the applicant(s):
Yes No7
7
If no, mention which of the parental line is outsourced, whether letter of agreement is obtained for each of the
outsourced protected parental lines in compliance with section 30 of the Protection of the Plant Varieties and
Farmers' Rights Act and also provide following information on each of them.
Parental line(S) :……………………………………………
Denomination8 :……………………………………………
Source :……………………………………………
Authorization letter obtained :
Attached Not attached
8
Denomination should not be altered from what was used at the source. Information on source may include name
of the breeder or institution or farmer or faming community who had bred and maintained the parental line. Repeat
above information for additional applicable parental line.
(b.) State if any Farmers' Variety or Variety of Common Knowledge or variety in public domain is used as
parental line for the repeated propagation of the hybrid:
Yes No
If yes, give following details:
Denomination:
Geographical source:
Details of Attribution (origin):
Details of owner farmer/village community/Institution/Organisation:
(c.) The Protection of Plant Varieties and Farmers' Rights Act, 2001 provides access to benefit sharing to
farmers who have conserved the genetic resource that has contributed towards variety development. In this
particular case what sort of farmer/community recognition the Applicant has planned?
11. In case exotic germplasm was used in the derivation of the variety or hybrid, give details:
12. Details on the payment of application fee and Distinctness Uniformity Stability testing fee9:

Amount of fee : (Rupees …………………………………… only)

Demand Draft Number and date : ……………………………………………............
Name of Bank and branch in which the demand Draft is drawn: ………………………….......................
9
Application from farmers, group of farmers submitted in accordance with the authentication specified under
column 1 of this application are exempted from payment of Distinctness Uniformity Stability testing fee.

……………………………………
(Signature of the Applicant)
62
 DECLARATIONS
I / We hereby apply for the grant of registration of the candidate variety with the above said denomination and I am
are conversant with the Protection of Plant Varieties and Farmers' Rights Act, 2001 and Rules thereof related to this
application.
I / We hereby declare that no person other than the person or persons mentioned in this application has been
involved in the breeding, or discovery or development of the candidate variety.
I / We hereby declare that the candidate variety complies with the sub-section (3) of section 29 of Protection of
Plant Varieties and Farmers Rights Act, 2001.
I / We hereby declare that I / We have not applied for or received a trademark for the said denomination of the
variety.
I / We hereby attach an affidavit in compliance with clause (C) of sub-section (1) of section 18 of Protection of
Plant Varieties and Farmers' Rights Act, 2001.
I / We hereby declare that the information given in this application for the registration of the above said candidate
variety, including annexure and all supporting documents are complete, true and correct to the best of my/our knowledge,
information and belief and no information has been willfully concealed.
I / We hereby declare that I / We shall abide by all the provisions and guidelines of Protection of Plant Varieties and
Farmers' Rights Act, 2001.

Place:…………………….. Signature of Applicant10

Date :……………………. Seal

10
Whereever the applicants are more than one person each applicant has to sign. In the case of authorized application
or application by assignees, such person(s) authorized or assigned shall sign.

Following are the attachments (duly signed/seal) submitted along with of the application
(note that wherever signature is affixed in the application or attachments, all such signatures shall be in the original)
(a) complete application
(b) endorsement in Annexure I in the case of farmers’ variety (vide column I, if applicable)
(c) document of authorization in Form PV-1 (if applicable)
(d) document of assignment in Form PV-2 (if applicable)
(e) documents in support of (b) and (d) as given above. (if applicable)
affidavit that the Terminator Technology and the Genetic Use Restriction Technology is
(f)
not involved
(g) copy of document on filing date (vide column 8A, if applicable)
(h) copy of letter of agreement (vide column 10A, if applicable)
(i) technical questionnaire for the Candidate variety (attached)
if the applicants by virtue of succession or an assignment of the right to apply for
(j) registration attach a proof to show the right to application as stipulated in sub -section (3)
of section 18 of the Protection of Plant Varieties and Farmers’ Rights Authority, 2001
in case of Convention Country applicant attach complete details on the variation in the
(k)
important trait with respect to first filing as enclosure
in case of Convention Country applicant provide information whether the variety has been
(l)
sold or otherwise disposed of within or outside the Convention Country with details thereof
in cas e of transgenic relevant Genetic Engineering Approval Committee clearances and
(m)
approvals
(n) Fees as applicable

If felt necessary attach colour pictures of specific characteristics used for establishing distinctness.
Please sign each page of the application and other document on the left margin.

63
 ANNEXURE 1

Endorsement of application for registration of farmers' variety under Protection of Plant Varieties
and Farmers' Rights Act, 2001

1. Name(s) of applicant farmer/Group of farmers/Community of farmers

Name with surname / Name of Group /
Serial Number Permanent Address
Name of Community

2. Denomination of the candidate variety:

3a. (Applicable to individual farmer applicant)

I hereby declare that I have been a permanent cultivator since last many years in the ………………
village falling under the ……………………. Local body / Panchayat in the ……………………… District of
…………………… State and that I and my family are the initial and exclusive developers and conservers of the
candidate variety denominated as. ………………., under the kind ………………….(Common name of crop) to
the botanical species …………………………

3b. (Applicable to group / community of farmers applicant)

We hereby declare that we have been the permanent cultivators since last many years in the
……………………. Village(s) falling under the …………………… Local body/Panchayat(s) in the
…………………..District(s) of ………………………….. state(s) and that we are the initial and exclusive
developers and continuous conservers of the candidate variety denominated as ……………………, under the
kind …………………………………….(Common name of crop) belonging to the botanical species
…………………………. We on behalf of our group/community hereby authorize ………………. s/o
………………… (Name), who is a member of our group/community and permanent resident of
………………………… (complete postal address) to do the needful and be the signatory on our behalf for the
limited purpose of securing registration of the candidate variety in our favour under Protection of Plant
Varieties and Farmers' Rights Act, 2001.

Dated :………………………. Signature and Name of the Farmer or

Place :………………………. Authorised person of Group / Community
(To be signed before the endorsing official)

It is hereby certified that the above said candidate variety is bred / developed and continuously conserved and
cultivated only by the applicant farmer / group of farmers / community of farmers who is / are permanent
residents of above said village(s) and I am fully conversant with the applicant farmer / group or community of
farmers and that the candidate variety is due to their efforts (strike out unwanted words given as options).

Date : ………………… Signature with Name

(Chairperson / Secretary of the Concerned Panchayat

Biodiversity Management Committee OR Concerned District
Agricultural Officer OR Director of Research conc erned State
Place : ………………… Agricultural Universities OR Concerned District Tribal
Development Officer.)

(With Official Rubber Stamp)

64
 Addendum 2: Technical Questionnaire
1. Name of the Applicant / breeder / company:-
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
2. Year of Establishment:-
------------------------------------------------------------------------------------------------------------------------------------
3. If registered company under company's Act 1956 (Give details):-
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
4. Location of corporate office and address:-
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
5. Tel/Fax/Email:-
------------------------------------------------------------------------------------------------------------------------------------
6. Name of candidate variety:-
(a). Has it been released in any Convention Country earlier
Yes No
If yes give complete details in column number 13
(b). Pedigree / geneology: -
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(Include schematic diagram giving details of varieties lines or clones used in the breeding of candidate variety)
(c). Breeding of Candidate Variety
(i) Origination (Tick the correct one)
Controlled pollination / open pollination / induced mutation / spontaneous mutation / introduction /
selection / seedling selection / any other (specify)

(ii) Parental material (name of the parental material, characteristics of the parental material,
distinguishable from the candidate variety). If the variety was developed by selection, then the
number of selection cycles completed before fixing it.
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(iii) Breeding technique / procedure used
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(iv) Selection criteria used
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(v) Stage of selection and multiplication
------------------------------------------------------------------------------------------------------------------------------------
(vi) Location where breeding was conducted
------------------------------------------------------------------------------------------------------------------------------------
65
7. Particulars of comparative trial conducted by the applicant, if any..
Information on the location, place, period and year/month of comparative trial conducted method
of cultivation such as open field, facilities, planting, potting etc., scale of cultivation, reference varieties
used, criteria for choice of the reference varieties, design of experiment, method of analysis of
variance experimental error where applicable, and other details.
NOTE: Applicant may, furnish data, tables, copy (ies) of publication(s) related to the details of breeding,
comparative trial and comparative data in addition to table of characteristics of candidate and reference varieties.
This information provided under this item will not be published by the Authority but will be used to facilitate
examination of candidate variety.
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
8. Characteristics of the candidate variety
Please describe characteristics of the variety in the subheadings: Plant, Stem, Leaf inflorescence,
Flower and Flower parts, Fruit and Fruit parts, Seed etc. Describe characters within subheadings
generally in the following order: habit, height, length, width, size, shape, colour (RHS colour chart
reference with edition). Refer the specific guideline wherever necessary for clarity of description.
(a) (i) Give group characters.
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(a) (ii) Distinguishing characteristics (descriptive or elaborate)
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(b) Table of characteristics between candidate denomination and reference variety
Please give replicated values for all its distinguishing and other description for important
characteristics along with the corresponding average values of the reference varieties.
NOTE: Two or more reference varieties should be compared with the candidate variety in the characteristics
table, including one deemed to be the most similar variety and other(s) as obvious/similar as possible. If you
provide this information it will facilitate the Authority in their DUS test further in examination of the candidate
variety.

Characteristics value of Characteristics value

Remarks /
Candidate variety of Reference variety
Characteristics Measured
(………………………..)
values
1 2 3 4 5 6 7 8 9 (…..….) (……......)

66
9. Characteristics of the reference varieties
(a) Most similar variety :...........................................
(i) Denomination :..........................................
(ii) Basis of choice of this variety for comparison
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(iii) Distinguishable Characteristics
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(b) Other reference variety
(i) Denomination : ..........................................
(ii) Basis of choice of this variety for comparison
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
(iii) Distinguishable Characteristics
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
10. Statement of distinctness of candidate variety
Please give a distinctness statement covering a brief summary of the characteristics that
distinguish the candidate variety from all varieties of common knowledge. The distinctness
statement should include (i) names of reference variety (ies) that have been observed most
similar to the candidate variety, and (ii) salient comparison for major distinguishing
characteristics between the candidate variety and the similar / reference variety (ies).
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
11. Statement on uniformity and stability of candidate variety
Please give a brief statement describing any variation in the variety that may be regarded as
part of its normal uniform or stable expression, which is predictable, capable of being described
in clear terms and commercially acceptable. This should include description and frequency of
any off-types, variants or mutations. In your opinion what should be the frequency of off-types or
any other describable variation beyond which the candidate variety shall be deem to be non-
uniform. Also please point out which are the traits that may be particularly referred to as
indicators to determine an unstable expression of the phenotype of candidate variety.
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
12. Methods for maintaining the candidate variety
Please provide in a brief statement as to how the propagating material will be maintained
throughout the duration of the plant breeder's right, and complete address where the variety will
67
be maintained. This should include status of varieties that are not propagated by seeds including place
and method of maintenance and storage of their vegetative material.
NOTE: The holder of a plant breeder's right is responsible for ensuring that propagating material representative of
the variety is maintained for the duration of the right.
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
13. Information on variety registered in Convention Countries.
a. What were the grouping characters in that application for this candidate variety?
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
b. What was the Distinctness Uniformity and Stability parameter on which it was registered?
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
c. What is the variation in important trait with respect to first filing and the present one
(Attach photograph)?
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
d. Has the variety been withdrawn in the first filed country from cultivation or banned or
from any of the subsequently released country?
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------
e. If so, the reasons (supplement with information)?
------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------

I / We hereby declare that no person other than the person or persons mentioned in this
application has been involved in the breeding, or discovery or development of this denomination.

Date:.................... Signature
Signature of Witness and Address
..........................................................
..........................................................
Designation of the Breeder / Company with seal
The breeder / company should sign with date each page of the Technical Questionnaire.
[No. __________________]
(______________________)
68
 ERRATA

Existing word Read as

Page 12 Para 2: who over countries who over centuries

Page 17 Para 4: 11th November 2011 11th November 2001
Page 56 Para 2: 5001000 seeds 500-1000 seeds
Page 59 last line: TRIPS accesses TRIPS. Accessed
 Co 98014 Co 0118

Co 0237 Co 0238

Co 0239 Co 0124

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