PPV&FR Act and DUS testing in Oilseed crops

Abstract

Under provisions of the TRIPs agreement (article 27.3 b) of the WTO, India, like other member countries is obliged to provide a system of plant variety protection either through patents or through sui generis legislation or a combination thereof within a specified time frame. The country has adopted a unique legislation through the Protection of Plant Varieties and Farmers’ Rights (PPV & FR) Act, 2001. The Act has been enacted in order to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. The Plant Varieties and Farmers Rights Authority (PPV&FRA) was established in 2005 for implementation of the provisions of the Act. To be eligible for protection under this act, the candidate varieties have to be (i) distinct from existing varieties of common knowledge (ii) uniform in its essential characteristics and (iii) stable in its essential characteristics after repeated propagation. Crop specific guidelines for DUS testing of oilseeds have been published in the Plant Variety Journal of India Vol. 03, No. 10, 2009. Procedures for DUS testing of oilseeds have been described.