India’s PPV&FR Authority opens doors to file plant variety registration application in Cocoa, Radish and Carrot crops

India’s PPV&FR Authority, is a statutory body created by the Protection of Plant Varieties and Farmers’ Rights Act 2001(hereinafter referred as Act), to provide intellectual property protection to plant varieties in India. This Act specifies certain forms, fees, tests (Novelty, Stability, Distinctness and Uniformity), timelines, and procedures applicable for various types of varieties (New, Variety of common knowledge, farmer varieties) protectable in the crop species notified by Authority from time to time. Post to registration, a variety is eligible to enjoy rights for a period which is eighteen years in case of trees and vines from the date of registration of the variety and Fifteen years from the date of notification of variety under the Seeds Act, 1966, and in other cases fifteen years from the date of registration.

On 14th Feb 2023, Ministry of Agriculture And Farmers Welfare (Department of Agriculture and Farmers Welfare) had issued notification S.O. 683(E), in exercise of the powers conferred by sub-section (2) of section 29 read with section 14 of  the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001. This notification allows filing of application in three crops as 1. Cocoa (Theobroma cacao L.) Cocoa 2. Radish (Raphanus sativus L.), and 3. Carrot (Daucus carota L.).

This notification is result of previous developments, wherein PPV&FR Authority has approved DUS Test Guidelines, DUS testing fee and time limit for registration of extant varieties for these three crop species (Cocoa, Radish, Carrot) in its 34th Meeting held on 01.12.2022 and public notice No. 9/2023, 10/2023 and 11/2023  were issued on 27th Dec 2022. A brief of these public notices is provided as below.

Effect of this notification: It is a welcome development for all the applicants (University, Seed companies and farmers) as it enables them to file applications to seek protection for their valuable germplasm i.e. hybrid and parents in these crops.

 
We may witness filing of application by private and public sector in the crop like Radish and Carrot as many varieties are being sold without having an option to seek intellectual property protection in India before this notification.  Companies can enhance their freedom to operate, and they can stop infringers.  Further, we will see few more notifications of crops species as it is a regular process being taken by Plant authority in phased manner to enhance crops species protection scope in India.