Procedure for Registration, Registrable Varieties and Duration — Intellectual Property Rights II Notes

Procedure for Registration, Registrable Varieties and Duration

Getting a plant variety on the register is like getting a book copyrighted — but with a botany exam attached. The variety must pass the DUS test, survive an opposition period, and prove it is what the breeder claims. Once through, protection runs for up to 18 years for trees and vines.

Registrable varieties, procedure and duration

A. What varieties are registrable — s.15

Four kinds of variety may be registered:

New variety — must satisfy Novelty + DUS (Distinctiveness, Uniformity, Stability).
Extant variety — a variety already in the public domain / notified; needs DUS but not novelty.
Farmers’ variety — a variety traditionally cultivated/evolved by farmers, or a wild relative; needs DUS.
Essentially derived variety (EDV) — predominantly derived from another (initial) variety.

The DUS criteria (and Novelty for new varieties):

Novelty — not sold/disposed of earlier than the prescribed period before filing.
Distinctiveness — clearly distinguishable from any known variety.
Uniformity — sufficiently uniform in its essential characteristics.
Stability — remains true to type after repeated propagation.

B. Procedure for registration — ss.14–24

Application (s.14, s.18) by the breeder/successor/farmer, with the variety’s denomination, an affidavit that it does not contain a terminator technology (GURT), passport data and the geographical source of the parental material.
Examination and DUS testing (s.19) by the Authority.
Acceptance or rejection (s.20) — a rejection must follow a hearing.
Advertisement and opposition (s.21) — the accepted application is published, and any person may oppose within the prescribed time.
Registration and certificate (s.24) — on success, the variety is entered in the National Register and a certificate of registration issued.

C. Duration — s.24(6)

Trees and vines — 18 years from registration.
Other crops — 15 years from registration.
Extant (notified) varieties — 15 years from the date of notification under the Seeds Act.

(The certificate is initially valid for a shorter term and renewed on paying fees, up to these maxima.)

Section 15(1): “A new variety shall be registered … if it conforms to the criteria of novelty, distinctiveness, uniformity and stability.”

In Simple Terms: Four kinds of variety can be registered; a new variety needs Novelty + DUS, the others need DUS only. The route is apply → examine/DUS → accept → publish/opposition → register. Protection lasts 18 years (trees/vines) or 15 years (other crops).

🧩 WORKED EXAMPLE — a farmer wants to register a new variety

Facts. A farmer has developed a new plant variety and wants to register it.

Rule. A farmer is expressly entitled to apply (s.16 read with s.39); a farmers’/new variety is registrable on satisfying DUS (and novelty, if new); no fee is charged to a farmer (s.18/s.44).

Apply. The farmer files the application with the denomination, affidavit, passport data and source; the variety undergoes DUS testing; on acceptance it is advertised for opposition, then registered.

Conclusion. The farmer can register his variety, fee-free, and obtains breeders’-style protection over it.

flowchart TD
    ROOT["Registration process"]:::root
    ROOT --> A["Apply (s.14/18): denomination, affidavit, passport data"]:::leaf
    A --> B["Examine + DUS test (s.19)"]:::leaf
    B --> C["Accept / reject (s.20)"]:::leaf
    C --> D["Advertise + opposition (s.21)"]:::leaf
    D --> E["Register + certificate (s.24): 18 yrs trees/vines, 15 yrs crops"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Monsanto Technology LLC v Nuziveedu Seeds Ltd. (2019) — registration and the treatment of transgenic varieties.

📄 Full notes + Question Bank (₹199) — every topic in depth, model answers to all past KSLU questions, in one printable PDF. Get the bundle · 10 Solved Problems · All Intellectual Property Rights II topics