How is essentially derived variety defined under Protection of Plant Varieties and Farmers Rights Act, 2001? Enumerate the procedure for registration of essentially derived variety.

CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2025
How is essentially derived variety defined under Protection of Plant Varieties and Farmers Rights Act, 2001? Enumerate the procedure for registration of essentially derived variety.

Answer & Explanation:

"Essentially derived variety", in respect of a variety (the initial variety), shall be said to be essentially derived from such initial variety when it- (i) is predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety; (ii) is clearly distinguishable from such initial variety; and (iii) conforms (except for the differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety. [Section 2(i)] Registration of essentially derived variety Section 23 of the Protection of Plant Varieties and Farmers Rights Act, 2001 provides for the registration of essentially derived variety. It provides that: An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the Central Government shall be made to the Registrar by or on behalf of any person referred to in section 14 and in the manner specified in section 18 as if for the word "variety", the words "essentially derived variety" have been substituted therein and shall be accompanied by such documents and fees as may be prescribed. When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant documents to the Authority. On receipt of an application, the Authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed. When the Authority is satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety, it may direct the Registrar to register such essentially derived variety and the Registrar shall comply with the direction of the Authority. Where the Authority is not satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety it shall refuse the application. The rights of the breeder of a variety contained in section 28 shall apply to the breeder of essentially derived variety:Provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under sub-section (2) of section 28 may be subject to such terms and conditions as both the parties may mutually agree upon. An essentially derived variety shall not be registered under this section unless it satisfies the requirements of section 15 as if for the word "variety", the words "essentially derived variety" have been substituted therein. When an essentially derived variety has been registered by the Registrar in compliance with the direction of the Authority, the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority and to such other authority, as may be prescribed, for information.

Topics: Protection of Plant Varieties and Farmers Rights Act, 2001

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