Procedure for Registration of Seed Variety
The application for registration of a variety is made in the specified form to the Register of plant varieties. Each such variety must be given a single and distinct name consisting of either letters or a combination of letters and numbers. The application must ‘contain complete passport data of the parental lines from which the variety has been derived, the geographical location in India from where the genetic material was taken must be disclosed. The application must state the contribution, if any , of any farmer, village community, institution, or organization in breeding, evolving or developing the variety’. The application must contain ‘ a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability’. The applicant must also submit and affidavit that the variety does not contain any gene or gene sequence involving terminator technology. A declaration must also be made that the genetic material used for developing the variety has been lawfully acquired.
The applicant shall provide to the registar of plant varieties the specified quantity of seed of the varieties to the register. The seed shall be used to conduct tests to ascertain whether seeds of such variety along with its parental material conform to the specified standards.
The application is then examined and the Registar of Plant Varieties may accept, reject or ask the application to the suitably amended. When an application is accepted, the application along with the photographs / drawings is advertised calling objections from interested persons / parties within 3 month from the date of advertisement. Objections can be made on the following grounds: 1) a claim of entailment for the breeder’s rights, 2) the variety being not registrable, 3) the registration being against, the public interest, or 4) the variety having adverse effects on the environment.
The objections will be intimated to the applicant, who will then submit his response to them. The persons(s)/party (ies) who had filed the objections will be given a copy of the response from the applicant.