Q.1 — Requirements for Registration of a New Variety of Plants & Procedure for Registration
(Plant Varieties and Farmers’ Rights Act, 2001)
I. Meaning of “New Variety of Plant”
Under Section 2(j) of the PVFR Act, 2001, a variety means a plant grouping within a single botanical taxon that is:
- identifiable by distinct characteristics,
- uniform,
- stable,
- and capable of being propagated.
The Act encourages plant breeding while protecting farmers’ interests.
II. Requirements for Registration (Sections 14–18)
A plant variety must satisfy the DUS Criteria:
1. Distinctiveness (D) – Section 15(3)(a)
The variety must be clearly distinguishable from any other known variety by at least one essential characteristic.
Example:
A rice variety with unique disease resistance compared to existing varieties.
2. Uniformity (U) – Section 15(3)(b)
The variety must be sufficiently uniform in its essential characteristics, subject to natural variation.
3. Stability (S) – Section 15(3)(c)
Essential characteristics must remain stable after repeated generations.
4. Novelty – Section 15(3)(a)
A variety is novel if:
- seeds/propagating material have not been sold:
- in India earlier than 1 year,
- outside India earlier than 4–6 years
before the filing date.
5. Denomination Requirement – Section 17
A unique name must be given to the variety.
It should not:
- mislead public
- be identical to existing variety names
- hurt religious sentiments
- indicate the breeder’s name
6. Non-inclusion of “Extant Variety” unless registered
Extant varieties (farmers’ varieties, notified varieties, traditional varieties) can also be registered but must meet DUS testing.
7. Non-indulgence in Terminator Technology
Varieties using genetic use restriction technology (GURT) cannot be registered.
III. Who Can Apply for Registration (Section 16)
- Breeder
- Successor/Assignee
- Farmer or group of farmers
- Research institutions (ICAR, universities etc.)
- NGOs involved in plant conservation
IV. Procedure for Registration of a Plant Variety
Step 1: Filing the Application (Section 18)
The application must include:
- Name & address of applicant
- Denomination of variety
- Affidavit stating that the variety is new
- Passport data of parental lines
- Description of characteristics
- Seed samples for testing
- Fee
- Declaration on lawful acquisition of genetic material
Step 2: Preliminary Scrutiny by Registrar (Section 20)
The Registrar checks:
- completeness of documents
- novelty & distinctiveness
- originality of breeder
- compliance with rules
If defects: applicant gets notice to correct them.
Step 3: Publication of Application (Section 21)
Application is published in the Plant Variety Journal inviting objections for 3 months.
Step 4: Opposition to Registration (Section 21)
Anyone may oppose on grounds like:
- not a new variety
- fraudulent information
- misleading denomination
- violation of law
Registrar hears both parties and decides.
Step 5: DUS Testing (Section 19)
The most crucial step.
The variety is tested in the field for 2–3 growing seasons to ensure:
- distinctiveness
- uniformity
- stability
DUS test is conducted at PPVFR test centres.
Step 6: Decision of the Authority
If DUS results satisfy the conditions → Authority grants registration.
Step 7: Issue of Certificate (Section 23)
Certificate includes:
- denomination
- name of breeder/applicant
- description of variety
- duration of protection period
Protection Period:
- Trees & vines: 18 years
- Other crops: 15 years
- Extant varieties: 15 years
Step 8: Entry into National Register (Section 13)
The registered variety is entered into the National Register of Plant Varieties.
V. Rights of the Registered Variety Holder (Section 28)
Once registered, the breeder gets exclusive rights to:
- produce
- sell
- market
- distribute
- import
- export the variety
VI. Case Laws (Important for Exams)
1. PepsiCo India Holdings Pvt. Ltd. v. Farmers of Gujarat (2021)
PepsiCo claimed rights over registered potato variety (FC-5).
Authority reiterated:
- Farmers have broad protection
- Breeders’ rights do not override farmer rights
- Benefit sharing and farmer protection are core of the Act
2. Nuziveedu Seeds Ltd. v. Monsanto Technology LLC (2018)
The Delhi High Court emphasized:
- Registration requirements must follow DUS testing
- IP protection in seeds must balance breeder rights and farmer rights
3. PPV&FRA Decisions on Basmati & Wheat Varieties
Authority held that traditional varieties can also be registered if DUS criteria are met.
VII. Importance of Registering Plant Varieties
- Promotes agricultural innovation
- Prevents bio-piracy
- Ensures fair benefit sharing
- Legal protection to breeders
- Safeguards farmer rights
- Supports food security
VIII. Conclusion
The PVFR Act, 2001 provides a systematic and scientific process for registration of plant varieties. A new variety must satisfy Distinctiveness, Uniformity, Stability and Novelty, along with a proper denomination. The registration process includes application, scrutiny, publication, opposition, and DUS testing, after which a certificate is granted. This ensures protection of breeder innovation while safeguarding farmer interests.
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