Plant Varieties

Intellectual Property (IP) in India: A Decade of Progress Part 7

Summary

This post examines the growth of plant variety filings and registrations in India since the implementation of the Protection of Plant Variety and Farmers Rights Act. It outlines key legislative and administrative developments, including the establishment of the PPVFR Authority and opening of the National Register of Plant Varieties. The analysis presents annual application and registration data, noting significant increases and landmark events such as India being the first to register farmers’ varieties. The summary includes detailed statistics for each year, reflecting the dynamic evolution of plant variety protection in India.

Overview

The Protection of Plant Variety and Farmers Rights (PPV&FR) Act was enacted in 2001. The PPV&FR Rules were drafted subsequently in 2003, and the PPV&FR Authority was established and made functional in 2005 pursuant to the powers granted to the Central Government under section 3 of the PPV&FR Act. The principal objective of the Act is to protect the rights of breeders and researchers as well as the rights of farmers. Since the Authority’s establishment, applications filed annually have shown a consistent upward trend overall.

Annual Filing and Registration Data

In 2008-09, the Authority received 460 applications and successfully registered 40 extant varieties. That year was significant in that the National Register of Plant Varieties was opened under section 13 of the PPV&FR Act. The National Register records the name and address of the breeder and the name and characteristics of each registered variety. The National Gene Bank also became fully functional in 2008-09.

In 2009-10, applications rose to 568, of which 123 extant varieties, 2 new varieties of bread wheat, and 3 traditional Farmers’ Varieties of rice — Indrasan, Hansraj, and Tilak Chandra — received registration, bringing the total registrations for that year to 128. With the registration of the three Farmers’ Varieties, India became the first country in the world to register Farmers’ Varieties.

Applications in 2010-11 numbered 642, with 60 extant varieties receiving registration. The highest number of certificates were issued for maize (31), followed by rice (5), bread wheat (5), field pea (5), green gram (3), lentil (3), cotton (2), and one each for black gram, kidney bean, sorghum, French bean, chickpea, and garden pea.

In 2011-12, applications doubled to 1,247, of which 119 received registration: 99 extant varieties and 20 in the new category. The following year, 2012-13, applications fell to 785, but registrations rose substantially to 254, comprising 216 extant varieties, 34 new varieties, 3 Farmers’ Varieties, and 1 in the EDV category.

In 2013-14, the Authority received 2,318 applications. Registrations totalled 330, comprising 148 extant varieties, 60 new varieties, 76 Farmers’ Varieties, and 46 in the VCK category. The largest number of certificates were issued for rice (138), followed by pearl millet (31), cotton (29), sugarcane (25), sorghum (23), mustard (17), sunflower (12), groundnut (10), maize (9), rapeseed (8), wheat (7), chickpea and soybean (6 each), jute and linseed (2 each), and brinjal, castor, cauliflower, safflower, and sesame (1 each).

Plant Variety Applications and Registrations: 2008-09 to 2013-14

Year Total Applications Total Registrations
2008-09 460 40
2009-10 568 128
2010-11 642 60
2011-12 1247 119
2012-13 785 254
2013-14 2318 330

Disclaimer

This article is for general information and does not constitute legal advice. Readers should consult a qualified attorney before acting on any matter discussed here.