A member of the Union of Protection of New Varieties of Plants (UPOV) Convention and the World Trade Organization, India realized that plant breeders, farmers, and genetic resources and seed industries must be protected. Thus, the Government of India enacted the Protection of Plant Varieties and Farmer’s Rights Act, 2001 (PPVFRA).
The Act allows the registration of new varieties if they meet the criteria for novelty, distinctiveness, uniformity, and stability.
A variety which is already in existence may be registered under the Act if it meets the criteria for distinctiveness, uniformity, and stability. As a result, novelty is not considered when a plant variety is protected.
Farmers’ Variety: a variety that has been traditionally cultivated and evolved by farmers in their fields over time.
It is possible to apply for registration of a variety by anyone claiming to be its breeder, its successor or assignee, any farmer, group of farmers, or community of farmers that claims to be its breeder or any university or publicly funded agricultural institution that claims to be its breeder.
It is a requirement of this right that certain facts concerning the exploitation of the protected variety be authorized by the breeder in advance.
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