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Plant Varieties & Farmers Rights
Plant Varieties & Farmers Rights
Agriculture has been the backbone of the country- for staples, economy and resources. The field requires liberty, innovation and productivity. We make this possible through a push towards support for Plant Varieties & Farmers’ Rights.
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Venkata Raghavan
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Plant Variety Protection (PVP) secures IP rights for plant breeders—new, extant, essentially derived, and farmer-developed varieties. It grants exclusive rights for key acts like production, sale, and export of protected varieties. Farmers also benefit from rights to save, reuse, and sell seeds generically.
To qualify under Indian law:
Our Plant Variety Registration Services
We understand crop breeding science and legal frameworks—essential for robust protection.
We work with breeders, seed companies, farmer groups, and research institutions.
End‑to‑end assistance with transparent costs and timelines.
Services include international advice aligned with TRIPS and UPOV.
Safeguarding innovative, high-yield, and resilient crop varieties through legal registration.
Securing IP for non-GMO, eco-friendly plant varieties grown through sustainable practices.
Supporting the legal protection of biodiversity assets and national germplasm collections.
Helping academic bodies register novel plant varieties from their R&D and field trials.
Protecting traditional landraces developed and preserved by farming communities across India
Recently bred, unpublished novel varieties
These are plant varieties developed through dedicated breeding efforts that have not been commercially exploited for more than one year in India or four years internationally. They must demonstrate distinctness, uniformity, and stability (DUS) and offer improved traits such as yield, resistance, or adaptability.
Traditional or already-notified varieties under the Seeds Act
These are existing plant varieties that are already known and in use, including those notified under the Seeds Act, commonly cultivated varieties, or those documented in public records. Extant varieties can be registered to formalize their legal status and safeguard their use.
Landraces conserved and improved by farming communities
These are traditional plant varieties that have been nurtured, developed, and conserved by Indian farmers over generations. Recognized under the PPV&FR Act, they acknowledge the vital role of farmers in preserving biodiversity and allow communities to register their contributions for legal recognition and protection.
Varieties genetically derived from existing ones
EDVs are developed by modifying a protected initial variety while retaining its essential characteristics. Though they differ slightly, such as through improved disease resistance or color, they still rely on the original genetic makeup and therefore qualify for specific protection and benefit-sharing obligations.
Step 1: Eligibility & DUS Review
We confirm novelty and distinctiveness, uniformity, and stability compliance.
Step 2: Document Preparation
Botanical descriptors, provenance details, and seed samples are organized.
Step 3: Filing & Authority Interaction
We file your application with the Authority and support DUS testing via recommended institutes.
Step 4: Publication & Grant
After testing and possible opposition period, rights are granted for 15 years (field crops) or 18 years
You can register new, extant, farmer-developed, and essentially derived plant varieties, as long as they meet the legal criteria of novelty, distinctiveness, and stability.
Plant variety rights are granted for 15 years in the case of field crops and for up to 18 years for trees, vines, and other perennial plant species.
Breeders can file lawsuits, seek damages, or request licensing; authorities can impose penalties for misuse or false claims about a variety.
Yes, individuals or companies from WTO member nations or countries offering similar rights to Indians are eligible to apply in India.
No, this Act only provides protection in India. For global coverage, applicants must file in UPOV member countries or under TRIPS-compliant laws.
Breeders, farmers, farming communities, legal heirs, and institutions can apply for plant variety protection under the PPV&FR Act in India.
A new variety is one that’s been recently developed and not commercially used for over one year in India or over four years internationally before applying.
Yes, farmers can save, use, exchange, and even sell protected seeds, but only in unbranded form—not as branded or labeled seed products.
Farmers can register traditional varieties, claim rewards from the Gene Fund, and seek compensation if a variety fails to perform as claimed.
If a registered variety fails to deliver promised results under given conditions, farmers can file a claim for fair compensation under the law.
Yes, EDVs that are clearly distinct from the original but genetically derived can be registered and protected under the Act.
Get Started with Plant Variety Registration in India
Protect your plant varieties and safeguarding generations of farming knowledge today. Partner with Escalade Legal, your dedicated authority in plant variety and farmer-rights IP.
