Objectives:
Protection of the rights of farmers for their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.

Protection of Plant Breeders Rights to stimulate investment for research and development, both in the public and private sector for development of new plant varieties.

Coverage of Varieties:
New Varieties (genera and species which can be registered will be notified subsequently).
Extent varieties.
Farmers varieties.
Breeders can exercise their rights over any variety that is essentially derived from the protected variety.

Essentially derived variety is defines as:
Predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety.
Is clearly distinguishable from such initial variety; and
Conforms to such initial variety in the expression of the essential characteristics

Conditions for Protection:

A variety is protected if it conforms to the criteria of:
Novelty,
Distinctiveness,
Uniformity,
Stability.

Farmers Rights:

a) Entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed in the same manner as he was entitled earlier (Seeds for sale should not be branded) (essentially correspond to Farmer’s privilege in UPOV 78).
Full disclosure of the expected performance of the Seeds or planting material by the breeder. Where these fail to perform in the manner claimed by the breeder, the farmer may claim compensation from the plant breeder.
Reward the farmer, “who is engaged in the conversation and preservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and presentation”.

Who can file an application for protection?

Under Section 16 of the Act, an application for the registration of a plant variety can be filed by any of the following persons:
Breeder;
Successor of Breeder;
Assignee of Breeder;
Farmer or group of farmers or community of farmers claiming to be the breeder or
Any person authorised in the prescribed manner by a breeder or successor of breeder or assignee of breeder or farmer or group of farmers or community of farmers claiming to be the breeder to make application on his behalf or
University or publicly funded agricultural institution claiming to be breeder.

Duration and effect of registration:

The certificate of registration issued under section 24 and section 23 (8) be valid for nine years in case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed.
In case of trees and vines, eighteen years form the date of registration of the variety;
In case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966) and
In other cases, fifteen years from the date of registration of the variety.