Plant variety registration in India is governed under Protection of Plant Varieties and Farmers’ Rights Act, 2001. Unlike the patent system the plant variety does not need to qualify the test of inventive step rather the plant variety has to pass through DUS test. The letter “D” of the word “DUS” stands for “distinctiveness” meaning the plant variety should be distinct from the other existing varieties in at least one essential characteristic. The letter “U” of the word “DUS” stands for “uniformity” meaning the new variety should be uniform in its essential characteristics and letter “S” of the word “DUS” stands for stability meaning the essential characteristics remain uniform even after repeated propagation.

Under the Act, registrations are provided under category of 1) New variety, 2) Extant variety (novelty does not form the criteria); 3) Farmer’s variety (developed by farmer through traditional cultivation methods)

Duration of protection : For trees and vines the period of protection is 18 years from the date of registration of the variety, for others the period of protection is 15 years from the date of registration of the variety; for extant varieties the period of protection is 15 years from the date of notification of the variety by Central Govt.

Key services of our firm in PVP matters:

• Filing and prosecution
• Opposition/revocation/cancelation/rectification
• Licensing and transfer
• Infringement proceedings