The protection of new plant varieties is essential for encouraging agricultural innovation, supporting breeders, and promoting sustainable farming practices. Under the Protection of Plant Varieties and Farmers’ Rights Act (PPV and FR Act), 2001, breeders and farming communities can secure exclusive rights over newly developed, distinct, uniform, and stable plant varieties.

At Intellect Goodwill LLP, we assist plant breeders, seed companies, research institutions, agribusinesses, and universities in registering, protecting, and enforcing their rights over plant varieties, thereby promoting innovation in India’s agricultural ecosystem.

DEFINITION OF PLANT VARIETIES

• A Plant Variety refers to a plant grouping within a species that is distinct, uniform, and stable, and capable of being identified and reproduced.

• Protection under the PPV and FR Act grants breeders exclusive rights to produce, sell, market, distribute, import, or export the registered variety.

• Example: A research institute develops a new, high-yield rice variety with improved disease resistance. By registering this variety under the PPV and FR Act, the institute gains exclusive rights to commercialize it and prevent unauthorized propagation.

OUR PLANT VARIETY PROTECTION SERVICES

• Eligibility Assessment -- Evaluating whether a plant variety meets DUS (Distinctness, Uniformity, Stability) criteria.

• Drafting and Filing Applications -- Preparing complete documentation, technical forms, and variety specifications.

• DUS Testing Coordination -- Assisting with the mandatory DUS testing process and liaison with PPV and FRA authorities.

• Prosecution and Hearings -- Handling objections, clarifications, and formal requirements before the Authority.

• Registration and Certification -- Ensuring successful registration and issuance of the certificate of registration.

• Enforcement Support -- Action against unauthorized propagation, sale, or marketing of registered varieties.

• Benefit-Sharing and Farmers’ Rights Advisory -- Guidance on farmers’ rights, benefit-sharing obligations, and compliance.

• Portfolio Management -- Strategy for managing multiple plant variety applications and renewals.

• Encourages Agricultural Innovation -- Recognizes and rewards breeders for developing new varieties.

• Economic Benefits -- Provides commercial exclusivity and licensing opportunities.

• Prevents Misappropriation -- Stops unauthorized use, propagation, or sale of registered varieties.

• Supports Food Security -- Promotes development of improved, disease-resistant, and climate-resilient crops.

• Strengthens Farmer and Breeder Rights -- Protects traditional knowledge and ensures benefit-sharing.

• Global Competitiveness -- Enables Indian breeders to compete in international agricultural markets.

WHY PLANT VARIETY PROTECTION MATTERS ?

HOW WE WORK ?

Step 1: Consultation and Variety Assessment – Understand the characteristics of the plant variety and assess eligibility.

Step 2: Documentation and Data Collection – Compile morphological, agronomic, and genetic information required for filing.

Step 3: Application Drafting and Filing – Prepare the PPV and FR application, along with required forms and technical details.

Step 4: DUS Testing Process – Coordinate with testing centres and ensure compliance during the evaluation period.

Step 5: Prosecution and Registration – Address objections, attend hearings, and secure registration.

Step 6: Enforcement and Compliance – Assist with infringement actions, benefit- sharing compliance, and ongoing protection.

New plant varieties strengthen India’s agricultural future.