List the criteria for Registration of Plant Variety. Who can apply for Registration of Plant Variety ?
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2022
List the criteria for Registration of Plant Variety. Who can apply for Registration of Plant Variety ?
Answer & Explanation:
Criteria for Registration of Plant Variety under PPVFR Act, 2001: A new variety shall be registered under the Protection of Plant Varieties and Farmers' Rights (PPVFR) Act, 2001, if it conforms to the criteria of Novelty, Distinctiveness, Uniformity, and Stability (DUS criteria). 1. Novelty: A variety is considered novel if, at the date of filing an application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of in India earlier than one year. For trees or vines, this period is earlier than six years. For any other case, it is earlier than four years before the date of filing such application. 2. Distinctiveness: A variety is said to be distinct if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing an application. 3. Uniformity: A variety is said to be uniform if, subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics. 4. Stability: A variety is said to be stable if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle. Who can apply for Registration of Plant Variety? The following persons can apply for registration of a plant variety under the PPVFR Act, 2001: Any person claiming to be the breeder of the variety. Any successor of the breeder of the variety. Any person being the assignee or the breeder of the variety in respect of the right to make such application. Any farmer or group of farmers or community of farmers claiming to be the breeder of the variety. Any person authorized to make application on behalf of farmers. Any University or publicly funded agricultural institution claiming to be the breeder of the variety. The types of plant varieties that can be registered include New varieties, Extant varieties, Farmers' varieties, and Essentially Derived Varieties.
Topics: Protection of Plant Varieties and Farmers' Rights Act, 2001
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