Registration of plant varieties under PPV&FR Act 2001, breeders, researchers, and farmers' rights
The registration process starts with the submission of an application for registration of a new plant variety. The application should be submitted to the PPV&FR Authority and should include details of the variety, such as its botanical name, morphological characteristics, and genetic makeup. The application should also include information on the breeder, including their name and address.
Once the application is submitted, the PPV&FR Authority conducts a technical examination of the variety to ensure that it meets the DUS criteria. If the variety is found to be distinct, uniform, and stable, it is recommended for registration.
After the variety is registered, the breeder is granted plant breeders' rights (PBRs) to the variety. These rights include the exclusive right to produce, sell, and distribute the protected variety, and to prohibit others from doing so without their authorization. The breeder also has the right to authorize or prohibit the use of the variety for the purpose of breeding new varieties.
The PPV&FR Act 2001, also recognizes the rights of farmers to save, use, exchange, and sell farm-saved seed/propagating material of the protected varieties. This means that farmers are allowed to save and use seeds of the protected variety on their own farms, as long as they do not sell the seed to others.
The act also recognizes the rights of researchers to use the protected variety for the purpose of research, provided that they do not use it for commercial purposes. The researcher can use the protected variety for the purpose of developing new varieties, provided that they obtain the prior authorization of the breeder.
In summary, the PPV&FR Act 2001 provides for the registration of new plant varieties under the PPV&FR Authority, which conducts a technical examination of the variety to ensure that it meets the DUS criteria. Once registered, the breeder is granted plant breeders' rights (PBRs) to the variety, which allows them to control the production, sale, and distribution of the protected variety. The Act also recognizes the rights of farmers and researchers to save, use, exchange, and sell farm-saved seed/propagating material of the protected varieties and use it for research respectively, with certain conditions.