Plant Variety Practice
Creating & Defending Plant Variety IP
The plant variety practice offers expertise based on the legislation - Protection of Plant Variety and Farmers’ Rights, 2001 (PPV&FRA) that offers protection to new and extant varieties of plants. K&S Partners works actively with the clients to manage the statutory requirements of the Plant Variety Authority of India.
Services Offered in Plant Variety Practice
The advisory service helps in assessing the needs of the client and finalizing the right approach.
Prosecution services include drafting, filing and prosecution of Patent, Design, Trade mark, Copyright and GI applications
Protection services include Anti-counterfeit actions, Border enforcement, Litigation and contentious proceedings, Oppositions, Revocations and Infringement actions among others
Transactional services include due diligence in M&A transactions; transactional support and licensing among others
Plant Variety IP Practice Attorneys
AWARDS & RECOGNITIONS
Frequently Asked Questions (FAQs)
Indian Patent law does not allow protection on Plant Varieties. A sui-generis legislation namely the Protection of Plant Variety and Farmers’ Rights, 2001 (PPV&FRA) however allows protection on new and extant varieties of plants.
The breeding activities and exploitation of new varieties are the decisive
factors for improving rural income and their overall economic development. Since
the process of plant breeding is long and expensive, it is important to provide an effective system of plant variety protection with an aim to encourage the development of new varieties of plants for the benefit of society.
The duration of protection of registered varieties is different for different
crops which are as below:
- For trees and vines – 18 years.
- For other crops – 15 years.
- For extant varieties – 15 years
from the date of notification of that variety by the Central Government under section 5 of the Seeds Act, 1966.
Yes, the breeder shall be required to deposit the seed or propagating material including parental line seeds of registered variety to the Authority. An applicant has to submit a fixed amount of seed sample (breeder seed) with prescribed germination percentage, physical purity and phyto-sanitary standards. The applicant shall also submit along with the seed / propagating the seed quality test report.