Plant Variety Protection In India
The Agreement on TRIPs requires WTO Members to introduce an “effective system” for the protection of plant varieties, therefore the protection of plants is required in India.
The Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights. The Plant Variety Protection and Farmers Rights Act (PPVFRA), 2001, attempts to recognize and protect the rights of both commercial plant breeders and farmers in respect of their contribution made in conserving, improving and making available plant genetic resources for development of new plant varieties and to encourage the development of new plants varieties.
The plant variety eligible for protection must be distinct, uniform and stable.
The duration of protection of plant variety for Trees and vines is 18 years, for other crops is 15 years and for extant varieties is 15 years from the date of notification of that variety by the Central Government under Seed Act, 1966.