Intellectual Property Right and PPV & FRA in Vegetables


What is IPR (Intellectual Property Right)?


IPR is kind of a legal patent to the inventors/creators to restrict the unauthorized usage of their inventions/creations by any third parties. Let’s say, an individual or any organisation has developed a variety. Now the variety is patented to that individual or the organisation so that no other person or organisation can use the variety commercially without any authorization from the developer. The rationale for the establishment of a legal framework on IPRs is that it is a signal to society that creative and inventive ideas will be rewarded. Patent is one of the most powerful and useful IPR. Thus IPR may be explained in a way where the creator/inventor/developer is rewarded for its creation.

How it’s related to Agriculture?

Many countries have developed plant breeders' rights to reward conventional plant breeding efforts. Such sui generis (syn. one-of-its-kind) protection is weaker than patent protection in that the right holders can only prevent third parties from commercially exploiting the protected material. The criteria used to grant such protection is also lower than that used to determine patentability as these are distinctness, i.e. distinguishable from earlier known varieties, uniformity i.e. display of the same essential characteristics in every plant and stability i.e. the retention of the essential characteristics on reproduction. Such protection encourages breeding efforts in the private sector. Historically, in developing countries, such efforts have emanated from the public sector or from international research institutions. It is only in recent years that developing countries have begun to institute such protection. Biotechnology is one of the sector that holds the most potential for IPR. But not only Biotechnology, even Hybrids are also potent.

PPV & FR Act (2001):

Before PPV & FRA, in India, the IPA (Indian Patent Act, 1970) was the only way to protect the unlawful and unauthorized usage of the Industrial Properties such as patents, trademarks, geographical indications, industrial designs etc. and copyrights & related rights like literary works, performances, broadcasts etc. But the major weakness of this act was, it didn’t include the Agricultural or Horticultural method of production for patentability. Following the Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights in the World Trade Organisation, the Govt. of India adopted a sui generis system for the protection of plant varieties through Protection of Plant Varieties & Farmers Right Act on 2001 keeping a conformity with UPOV (International Union for the Protection of New Varieties of Plants). The Act became functional on 2005 with the establishment of PPV & FR Authority.

The major objective of the act was,

·         To provide an effective system for the protection of plant varieties, right of farmers and plant breeders.
·         To encourage the new plant variety development.
·         Recognition to the farmers in respect to their contribution during anytime in conserving, improving and making available plant genetic resources.

General function of PPV & FR Authority:

·         Registration of new plant varieties, essentially derived varieties (EDV), extant varieties (A variety which is notified under Seed Act, 1966 or a variety about which there is common knowledge or a farmers’ variety or any other variety which is in public domain is considered as an Extant variety.)
·         Developing DUS (Distinctiveness, Uniformity & Stability) test guidelines for new varieties.
·         Developing characterization and documentation of registered plant varieties.
·         Compulsory cataloguing for every plant varieties, even for the varieties developed by farmers.
·         Recognizing and rewarding farmers, community of farmers, specially to the tribal and rural communities who are conserving, improving and preserving the genetic resources and their primitive and wild races.
·         Maintenance of the National register of Plant varieties.
·         Maintenance of National Gene Bank.

What are the rights enabled under the act?

Breeder’s Right: According to the act Breeders are exclusively empowered to breed, sell, market, distribute, import or export the protected variety. Breeder can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.

Researcher’s Right: According to the act, Researchers can use the bred seed as primary source of seed for the experiments or research in order to develop another new variety. But permission from the original breeder is mandatory in case of repeated use of the bred seed.

Farmer’s Right: Apart from breeders’ and researchers’ right farmers are also entitled to the recognition for conservation of genetic resources of land races, wild species & other economically important plant species and their development. A farmer who has developed or bred a new variety through the traditional methods (usually selection from saved seeds generation after generation) shall be entitled for registration and other protection under the Act in same manner as a breeder of variety.

Current status:

Till now a total of 3341 plant varieties were registered under this act as on 31.03.2018 and those varieties are owned by Public sector organisations, Private sector, Researchers and even farmers. The number of farmers who applied for registration and got certificate as on 31.03.2018 is 1531.


  • Number of certificates issued for total vegetables is 183.
  • Among total vegetables for Chilli 7, for Bitter gourd 1, for Cauliflower 4, for Cabbage 1, for Brinjal 37, for Bottle gourd 3, for French Bean 2, for garlic 7, for Pea 2, for Cucumber 2, for Potato 25, for Okra 35, for Onion 8, for Muskmelon 2, for Tomato 38, for Pumpkin 3, for Ridge gourd 1, for spinach beat 1 and for Amaranthus 1 number of certificate issued by the Authority as on 31.03.2018 (As notified in the Official Website)

Duration of Protection of a registered plant variety:


Tree or vines: 18 years
Other crops: 15 years.
Extant varieties: 15 years from the date of notification of the variety by the Central Govt. under Seed Act, 1966.

Arrangement of Clauses of PPV & FR Act


Notification by Ministry of Agriculture, Govt. of India

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