⚖️ Registration of Plant Varieties and Essentially Derived Varieties (EDV)

(Detailed Analysis for LLB exam — 14–16 Marks)

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🌿 1️⃣ Introduction

The registration of plant varieties is the backbone of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act).

Registration ensures that:

• Breeders get exclusive rights over their new plant varieties.
• Farmers’ contributions and traditional varieties are recognized.
• India maintains a national database of all protected varieties to prevent biopiracy and duplication.

An Essentially Derived Variety (EDV) is a variety that is derived from an existing registered variety but has minor modifications, retaining most of the characteristics of the original.

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🌾 2️⃣ Legal Basis

• Sections 14–16: Deal with the categories of varieties eligible for registration.
• Section 15: Lays down criteria for registration — DUS (Distinctness, Uniformity, Stability).
• Section 16: Details the procedure for registration.
• Section 17–18: Deals with the denomination (name) of the variety.
• Sections 31 & 33: Specifically cover Essentially Derived Varieties (EDVs).

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🌿 3️⃣ Categories of Varieties Eligible for Registration (Section 14)

1. New Variety:

   • Distinct, uniform, stable (DUS)
   • Not commercially exploited in India for more than 1 year, or abroad for more than 6 years.

2. Extant Variety:

   • Already in existence, including farmers’ varieties.
   • Eligible if it fulfills DUS requirements.

3. Farmers’ Variety:

   • Developed or conserved by farmers over generations.

4. Essentially Derived Variety (EDV):

   • Developed from an existing registered variety.
   • Retains the essential characteristics of the parent variety.
   • Must be distinct in one or more characteristics due to modification or breeding.

Example:
If a breeder develops a drought-resistant variant from an already registered wheat variety, it is an EDV.

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🌾 4️⃣ Criteria for Registration (Section 15)

All varieties (including EDVs) must satisfy DUS criteria:

Criterion	Meaning
Distinctness	The variety must clearly differ from existing varieties.
Uniformity	Essential traits must remain consistent across plants.
Stability	Traits must remain unchanged over successive generations.

EDV Specific:

• Should retain the essential characteristics of the original variety.
• Should demonstrate clear distinctness in the modified traits.

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🌿 5️⃣ Procedure for Registration (Sections 16–23)

Step 1: Filing Application (Section 16)

• Any breeder, farmer, group, or institution can apply.
• Submit to Registrar of Plant Varieties with:
  • Name (denomination) of the variety
  • Description of DUS characteristics
  • Source of germplasm
  • Application fee

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Step 2: Preliminary Examination

• Registrar examines:
  • Completeness of application
  • Novelty
  • Correct denomination (Section 17–18)

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Step 3: Publication and Objection (Section 21)

• Application is published in the Plant Variety Journal of India.
• Any person can file objections within 3 months.
• Grounds for objection:
  • Lack of distinctness, uniformity, stability
  • Wrong denomination
  • Non-compliance with legal provisions

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Step 4: DUS Testing (Section 19)

• Registrar may direct DUS testing centers to verify:
  • Distinctness
  • Uniformity
  • Stability
• Duration: 1–3 years depending on crop type

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Step 5: Decision by Registrar (Section 23)

• Registrar can accept or reject application.
• If accepted, variety is entered in the Register of Plant Varieties.
• Certificate of registration issued, conferring exclusive rights to breeder.

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Step 6: Registration Certificate (Section 24)

• Provides exclusive rights for:
  • 15 years for most crops
  • 18 years for trees & vines
  • 9 years for extant varieties

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🌾 6️⃣ Registration of Essentially Derived Varieties (EDVs)

Definition (Section 2(eb))

• EDV: Variety predominantly derived from an existing registered variety, retaining essential characteristics, but modified in:
  • Trait(s) like disease resistance, drought tolerance, or yield.

Registration Procedure

1. Apply to Registrar citing parent variety.
2. EDV must demonstrate distinctness in at least one trait.
3. Registrar examines DUS characteristics and novelty.
4. Public objections invited as usual.
5. Registration issued with exclusive rights, but original breeder retains rights over EDV.

Key Principle:

• Breeder of the parent variety retains control over EDVs derived from their variety.
• Protects original innovation while allowing further breeding.

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🌿 7️⃣ Denomination of Varieties (Sections 17–18)

1. Each registered variety must have a unique name (denomination).
2. Name should be:
   • Easy to pronounce
   • Not misleading
   • Not identical or deceptively similar to any existing variety
3. EDV must also have a distinct denomination, indicating its link to parent variety.

Case Illustration:

• Navneet Seeds Pvt. Ltd. v. UOI (2020) — Authority clarified rules for variety denomination; deceptive names may be rejected.

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🌾 8️⃣ Rights Conferred After Registration (Section 28)

For both new varieties and EDVs:

1. Exclusive right to produce, sell, market, distribute, or import/export the variety.
2. Right to license or assign the variety to others.
3. Benefit sharing if farmer’s germplasm is used.
4. Infringement protection: Legal action can be taken against unauthorized use.

EDV Specific:

• Original breeder has rights over the derived variety if the EDV relies on their variety.

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🌿 9️⃣ Infringement and Penalties for EDVs (Sections 64–78)

• Selling, marketing, or reproducing an EDV without permission of parent breeder → infringement.
• Penalty:
  • Fine up to ₹5 lakh
  • Imprisonment up to 2 years
  • Civil remedies: injunctions and damages

Case Law:

• PPV&FR Authority v. Monsanto Biotech (2022) — EDVs developed using indigenous germplasm require benefit sharing.
• Nuziveedu Seeds Ltd. v. Monsanto (2018) — clarified rights over hybrid and genetically modified varieties as EDVs.

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🌾 10️⃣ Significance of Registration of Varieties and EDVs

1. Protects breeder’s innovation and investment.
2. Ensures farmers’ rights and recognition.
3. Prevents biopiracy of Indian germplasm.
4. Encourages scientific research and improvement of existing varieties.
5. Provides a legal framework for commercialization and licensing.
6. Promotes sustainable agriculture and biodiversity.

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🌿 11️⃣ Challenges in Registration

• Long duration of DUS testing (1–3 years).
• Farmers often unaware of registration procedures.
• Complexity in EDV identification and distinction.
• Enforcement of breeders’ rights vs. farmers’ rights may cause disputes.

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🌾 12️⃣ Conclusion

The registration of plant varieties and EDVs under the PPV&FR Act, 2001 is crucial for:

• Rewarding breeders for innovation
• Protecting farmers and their traditional knowledge
• Conserving India’s agricultural biodiversity
• Promoting sustainable agriculture and seed security

🌱 The system of registration creates a balance between innovation and inclusiveness, ensuring that both science and traditional wisdom are protected under the law.

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