India’s Plant Authority set the stage for registration, added seven more crop species

The Protection of Plant Varieties and Farmers’ Rights Authority has approved DUS test guidelines, DUS fee and time limit for the seven crop species in its 35th meeting held on Feb 2. With this approval, The Plant Authority has set the stage for registration to grant plant variety protection in India for these crop species. The seven crop species received approval are 1. Teak (Tectonic grands L.), 2. Kalazeera (Buninum persicum (Bioss) Fedts), 3. Saffron (Crocus sativus L.),  4. Dolicos Bean (Lablab purpureus L.), 5. Ash Gourd (Benincasa Hispida) (Thunb.), 6. Snake Gourd (Trichosanthes Anguina L.), and Iny gourd (Coccinia grands L.).  

An application for registration may be field under the applicable category as Extant and New are the category under section 2(j) and section 14(3) respectively. Extant means a variety available in India which is (i) notified under section (i) notified under section 5 of the Seeds Act, 1966; or (ii) farmers; variety; or (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public domain. For Extant category variety, the next step to be completed by the Plant Authority is, the publication of these approvals in the plant variety journal of India through public notice.

New variety means that, at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety - (i) in India, earlier than one year; or (ii) outside India, in the case of trees or vines earlier than six years, or in any other case, earlier than four years. For New variety, the next step shall be completed is, the publication of crop species the Official Gazette of India which is a mandatory requirement in accordance with section 29(2) of the Plant Varieties and Farmers’ Rights Act 2001 (The Act) as mentioned below, and an application for registration under this category can be filed after the notification only.

″The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers’ varieties under this Act″

In the 35th meeting, Authority has also fixed DUS fee as mentioned below, in accordance with rule 29(1) of the PPV& FR rules 2003 which specifies that ″The Authority shall charge separate fee for conducting DUS test and special test on each variety″.

Method of testing to be adopted: DUS test shall be field ad multilocation based with an option of on-farm testing in case of tree and vines. The Authority has approved on- site testing for Teak being a tree and it means that panel of experts shall visit the farm to note observations as per DUS guidelines. Whereas, DUS site testing has been approved for rest of the crop species as Kalazeera, Saffron, Dolicos Bean, Ash Gourd, Snake Gourd, and Iny gourd.

Time limit for registration for Extant decided:  Time limit has been approved three years for Extant notified and Variety of common knowledge (VCK), and ten years for farmers’ varieties from date of publication of approval of Authority in plant variety journal of India. It is relevant to mention that publication is still due and expected to happen in upcoming plant variety journal in 2023 and hence time clock is not yet started. It is relevant to mention that there is no time limit for New variety.

″In summary, this approval increases numbers of crops eligible for registration in year 2023 up to ten, as we have also reported that three crops’ species (Cocoa, Radish, and Carrot) were approved in 34th Authority meeting held on Dec.,1, 2022 and subsequently official gazette S.O. 683(E) on 14 Feb 2023 was issued. The same process of gazette notification to be followed and this will result into opening the registration process for these additional seven crops’ species. And, this registration process is  to recognize and protect the rights of farmers in respect to their contribution made any time in conserving, improving and making available plant genetic resources for the development of new varieties; to protect plant breeder’s rights to stimulate investment for research and development  both in public and private for development of new varieties; and also to facilitate the growth of seed Industry which will ensure the availability of high quality material to the farmers″