Enumerate the criteria for registration of a plant variety and the prerequisites for filing an application form for registration under Plant Varieties Act, 2001.
CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2021
Enumerate the criteria for registration of a plant variety and the prerequisites for filing an application form for registration under Plant Varieties Act, 2001.
Answer & Explanation:
For the registration of a variety under Plant Varieties Act, 2001 following criteria must be fulfilled: 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 or outside India, in the case of trees or vines earlier than six years, or in any other case earlier than four years, before the date of filing such application. Distinct : 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. Uniform : 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. Stable : 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. Application for registration of a varieties can be made by: any person claiming to be the breeder of the varieties. any successor of the breeder of the varieties. any person being the assignee or the breeder of the varieties in respect of the right to make such application. any farmer or group of farmers or community of farmers claiming to be breeder of the varieties. any person authorized to make application on behalf of farmers and any university or publicly funded agricultural institution claiming to be breeder of the varieties. Application for registration of plant varieties can be made in the office of Registrar, Protection of Plant Varieties and Farmers' Rights Authority (PPV&FRA), New Delhi. According to Section 18 of Plant Varieties, Act, for registration of a plant variety the following prerequisites has to be completed: Denomination assigned to such variety. Accompanied by an affidavit that variety does not contain any gene or gene sequences involving terminator technology. Complete passport data of parental lines with its geographical location in India and all such information relating to the contribution if any, of any farmer (s), village, community, institution or organization etc. in breeding, evolving or developing the variety Characteristics of variety with description for Novelty, Distinctiveness, Uniformity and Stability. A declaration that the genetic material used for breeding of such variety has been lawfully acquired. A breeder or other person making application for registration shall disclose the use of genetic material conserved by any tribal or rural families for improvement of such variety. The PPV& FR Act, 2001 provides for exclusion of following verities from registration under the Act: Where prevention of commercial exploitation of that variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment. Which involve any technology which is injurious to the life or health of human beings, animals or plants such as varieties developed by terminator technology and genetic restriction use technology. Whose species or genera are not listed in the notification issued by the Central Government.
Topics: Plant Varieties
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