Concepts of Plant Varieties and Farmers' Rights Act, 2001– In-depth Analysis

Criteria for Registration under Protection of Plant Varieties and Farmer’s Rights Act

What are the criteria for Registration under Protection of Plant Varieties and Farmer’s Rights Act, 2001?

The act specifically mentions who can apply and what can be registered under this act. The summary of the same is provided below.

  • Any person who is claiming to be the breeder of the variety.
  • Any successor of the breeder of the variety.
  • Any person being the assignee or the breeder of the variety in respect of the right to make such application.
  • Any farmer or group of farmers or community of farmers claiming to be breeder of the variety.
  • Any person authorized to apply on behalf of farmers.
  • Any university or publicly funded agricultural institution claiming to be breeder of the variety.
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Terms of Protection under Plant Varieties and Farmer’s Rights Act, 2001

What are the terms of Protection under Plant Varieties and Farmer’s Rights Act, 2001?

The term of protection provided to the plant varieties under the Protection of Plant Varieties and Farmers’ Act, 2001 varies for each variety.

In the case of trees and vines, the period of protection is eighteen years from the date of registration of the variety.

In the case of extant varieties, the period of protection is fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966.

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Rights of Farmers

What are Farmers Rights under the Plant Varieties and Farmers Rights Act, 2001?

The Act provided rights to the farmers which are defined below in detail:

A farmer who has bred or developed a new variety is entitled for registration and other protection as a breeder of a variety under this Act.

The farmer’s variety is entitled for registration if the application contains declaration as specified in clause (h) or sub-section (1) of section 18.

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