Regenerate Inc. is a Multinational Company operating around the world over and specialises in genetic mutation of the plants and seeds. In India, it has opened its subsidiaries in Ahmedabad. It collects the seeds of toma

The genetically manipulated seeds in this case can be protected under the Protection of Plant Verities and Farmers Rights Act, 2001 as the subject is outside the purview of Indian Patent Act, 1970. The Act recognizes the breeders right with regards to the scientific modification of the seeds and therefore for its protection the eligibility criteria of the Plant Variety has to be fulfilled i.e., section 15 of the Act defines the criteria of (1) novelty, (2) distinctiveness, (3) uniformity, (4) stability. The criteria of novelty is not as tough as in the case of Indian Patent Act, 1970. The new variety needs to be registered under the Protection of Plant Verities and Farmers Rights Act, 2001 for the Intellectual Property Right protection. For registration of plant variety the following pre-requisites are essential: Denomination assigned to such variety. Every application shall be accompanied by an affidavit by showing that such 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 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.