The Plant Variety Registration Regime under the Protection of Plant Varieties and Farmers’ Rights Act, 2001

The Protection of Plant Varieties and Farmers’ Rights Act of 2001 (“The Act”) is the primary law that protects various plant varieties and recognises the vital contributions of farmers and breeders. The Act also supports research and the seed industry, making sure farmers have access to high-quality planting materials. The heart of this system is its registration process, which is explained below. 

Checklist 1-A: Who can apply?

Applicable provision: Section 16

• As per Section 16, the following persons may apply either individually or jointly, depending on the nature of the claim:

• The breeder of the variety;

• The successor of the breeder;

• The assignee of the breeder;

• Any farmer, group of farmers, or community of farmers claiming to be breeders;

• Any person authorised by the above categories;

• Any university or publicly funded agricultural institution claiming to be the breeder.

Checklist 1-B: Conditions for Registrability of Varieties

Applicable provision: Section 15

• The applicant is required to satisfy the conditions laid down in Section 15 to make an application under Section 14 of the Act.

• Section 15 sets out three separate eligibility conditions. The first condition applies to new varieties and requires filing Form PV-1.

• A new plant variety shall be registered only if it satisfies all of the following four criteria (“NDUS”) - Novelty, Distinctiveness, Uniformity, and Stability. However, for other varieties, the eligibility criteria pertain to (“DUS”) - Distinctiveness, Uniformity and Stability.  (To know more about DUS, refer to IP 101) 

  • Novelty - A plant variety is considered novel if, before filing for registration, it hasn’t been sold or commercially used within India for more than 1 year, or abroad for more than 4 years (6 years for trees/vines). Trials or public knowledge not from the breeder don’t affect its novelty.

Example: A newly developed green corn variety that displays a unique emerald-green kernel colour (not found in existing varieties), remains uniform in its colour and size across all plants, and retains these traits after multiple cultivation cycles, would satisfy the NDUS criteria, making it eligible for registration as a new variety.

• The second condition deals with extant variety. In this case, if the variety satisfies the criteria of distinctiveness, uniformity, and stability (DUS), despite not fulfilling the test of novelty, it may be registered within a specified period.

• The third condition pertains to denomination requirements. Every application must be accompanied by a proposed denomination - the unique name by which the variety will be identified. The Act explicitly prohibits registration if the proposed denomination:

• Cannot identify the variety;

• Consists solely of figures;

• Is misleading or confusing regarding the characteristics or origin of the variety;

• Is identical or deceptively similar to a previously registered variety of the same or closely related species;

• Is deceptive, causes confusion, or hurts religious sentiments;

• Is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950;

• Includes a geographical name, unless the Registrar is satisfied that its use is honest under the given circumstances.

Checklist 1-C: Naming the plant variety for registration

Applicable provision: Section 17 

Specified in Form: Part of Form PV - 1

• When submitting an application to register a plant variety, the applicant must give it a unique and distinctive name or "denomination" in accordance with the rules.

• The authority shall frame naming rules keeping in view India’s commitments in international conventions and treaties so that the name is in conformity with international standards.

• Additionally, despite being a unique name for the variety, it cannot be registered as a trademark under the Trade Marks Act, 1999.

Step 1: Form and Contents of the Application 

Applicable provision: Section 18

Specified in Form: Form PV - 1 

                                  Form PV - 2

• After checking the eligibility criteria, the applicant must fill in the application for registration in a proper format as provided in this provision, and must  include  the following details, accompanied by supporting documents:  

• Denomination proposed for the variety;

• An affidavit certifying that the variety complies with the NDUS (or DUS for extant varieties) criteria;

• Details of the applicant’s identity and status (breeder/farmer/institution, etc.);

• A description of the variety, including its distinct traits;

• Passport data of the parental lines, where applicable;

• Information on geographical origin, in accordance with Section 17;

• Declaration of lawful acquisition of genetic material;

• The prescribed fee (Second Schedule of the Protection of Plant Varieties and Farmers' Rights Rules, 2003)

Example: The registration of the “Pusa Basmati 1121” rice variety developed by the Indian Agricultural Research Institute (IARI), New Delhi. The institute applied using an application form (such as Form PV-1), submitting all required details, including its unique aroma, extra-long grain length, and the results of the DUS (Distinctiveness, Uniformity, and Stability) test, to secure intellectual property protection for the variety.

Step 2: Filing of Application 

Applicable provision: Section 14

Specified in Form: Form PV - 1

• The applicant must first file an application before the Registrar of Plant Varieties, where the variety must fall within the following scope: 

• A new variety belonging to such genera and species as may be specified by the Central Government by notification under Section 29(2);

• An extant variety as defined under the Act;

• A farmers’ variety that has been traditionally cultivated and evolved by farmers, or is a wild relative or landrace known among the farming community.

Step 3: Conduct of Tests by the Authority (Section 19)

Applicable provision: Section 19 

• Upon receipt of a complete application:

• The Applicant shall deposit to the Registrar seed/propagating material of the variety within a specified time to ensure DUS compliance.

• The Registrar, or any person or test center receiving the seed, must store it in a way that maintains its viability and quality.

Step 4: Amendment or Acceptance of Application

Applicable provision: Section 20

• After receiving the application, the Registrar conducts a review and necessary inquiries. If the variety meets the required standards, the Registrar may accept the application as is or with specific conditions or limitations, proceeding to publication and registration.

• If the variety fails to meet the criteria, the application may be rejected, with reasons duly recorded.

Step 5: Publication of Application and Invitation for Opposition 

Applicable provision: Section 21

• Once the application is examined and found to be in compliance with the requirements, the Authority publishes the application in the Plant Variety Journal of India.

• The publication includes key details such as the denomination, applicant's name, and characteristics of the variety.

• However, the authority may even require the applicant to amend the application to his satisfaction or even reject the application. 

Step 6: Opposition Proceedings 

Applicable provision: Section 21

Specified in Form: Form PV - 3

                                  Form PV - 4 (Counter-statement)

• Following publication of the application along with all the details of the variety, any person may oppose its registration within three months from the date of publication, after paying a prescribed fee and giving a notice to the Registrar. 

• An opposition may be filed on any of the following grounds:

• The applicant is not entitled to make the application;

• The variety is not registrable under the Act;

• The variety is not novel;

• The denomination is not eligible for registration;

• The information furnished in the application is false;

• The breeder did not lawfully acquire the genetic material.

• The applicant is given an opportunity to file a counter-statement.

• After hearing both parties and examining the material, the Authority will make the decision.

• When not contested within a certain period or when the opposition is won by the applicant, the applicant goes on to the next step.

Example: An Opposition (using Form PV-3 and PV-4) was filed by M/s PAN Seeds Pvt. Ltd. against M/s Mali Agri Tech Pvt. Ltd.’s application to register the rice variety “BANGABANDHU-1”, alleging it was identical to PAN Seeds’ already registered variety, “PAN-804.”

Step 6: Decision by the Authority 

Applicable provision: Section 22

• After considering any opposition and verifying the DUS results, if the Registrar is satisfied that the variety meets all statutory conditions, the variety is registered by the Registrar.

• If irregularity, misrepresentation, or non-compliance is discovered, the Registrar may refuse registration, stating reasons in writing.

Step 7: Issuance of Certificate of Registration 

Applicable provision: Section 24

• Once the Authority instructs the Registrar to move forward with the application, the next step is to check for objections. 

• If no opposition is filed during the notice period, or if any objections raised are dismissed at the outset, the Registrar will proceed to register the variety. 

• This process does not apply to essentially derived varieties. 

• The applicant is then given a certificate of registration by the Registrar in the prescribed form and signed with the Registry’s seal. Under this certificate, there are:

• Name and address of the breeder;

• Denomination of the variety;

• Registration number and date;

• Term of protection granted.

• The registration process must be finished within twelve months of the date of application. 

• If there is a delay caused by the applicant, the Registrar can issue a notice asking them to take action. 

• If the applicant still does not complete the process within the time given, the Registrar can treat the application as abandoned. 

• The certificate’s validity period is: 

• For trees and vines: 18 years from the date of registration;

• For other crops: 15 years;

• For extant varieties: The remaining period of protection as prescribed.

• However, the initial validity is only:

• 6 years (other crops);

• 9 years (trees/vines)

• and may be renewed periodically.

• The legal consequence of registration is that the breeder now acquires the authority to exercise all the rights conferred under Section 28. 

Step 8: Official Publication of Registered Varieties 

Applicable provision: Section 25

From time to time, the Authority publishes a list of all registered plant varieties in the Plant Variety Journal of India or in another official gazette it designates. This list bears the names of registered varieties, the denomination of the registered varieties, and details of the registered breeders, making the registry open and available to the public.

Step 9: Mandatory Deposit of Seed or Propagating Material 

Applicable provision: Section 27

In order to make registered varieties accessible, Section 27 requires the registered breeder to deposit seed or propagating material to an institution authorised by the Authority. Non-compliance may result in a penalty or even the withdrawal of the variety registration.

Registration Process of Essential Derived Variety (EDV):

Applicable Section - Section 23

Referred to Form: Form II

• An application to register an essentially derived variety ( EDV ) of specified genera or species shall be made to the Registrar by a person entitled under this section, in Form No. 20, with the necessary documents and fees. 

• When the Registrar, after being satisfied, passes an application and report to the Authority.

• The Authority tests the EDV as per prescribed tests as a means of verifying that it is the derivative of the original variety.

• When pleased, the Authority instructs the Registrar to register the EDV, after which the Registrar issues a certificate in the stated form filed with the seal of the Registry, and copies are dispatched to the Authority and other authorities. 

• In the event that the Authority establishes that the variety is no way connected with the first variety, then the application is rejected.

• The EDV has to comply with section 15 (distinctness, uniformity, and stability). 

• The original breeder can set conditions for allowing the EDV breeder to use the variety, if both agree.

• The EDV breeder has no disadvantage in the sense that he/she enjoy the rights in section 28 as other breeders. 

Example: The registration of Bt cotton hybrids, which are developed by incorporating the Bt gene into existing cotton varieties, involves filing an application in Form II, conducting prescribed tests to verify the EDV status, and obtaining approval from the PPV&FR Authority.