Plant Variety Protection

Plant Variety Protection: Breeders’ Rights & Compliance under the Protection of Plant Varieties and Farmers’ Rights Act, 2001

The significant changes in the climate have impacted the global agricultural productivity and along with it the rapid rise in the population has further intensified the issues pertaining to food security. As a result of this, creating tough and high yielding plant varieties has become a necessity. With the growing demand for innovation in agriculture to address climate change and food security challenges, the protection of plant varieties has become essential. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV& FRA) provides a structured legal framework to safeguard the rights of breeders, famers and researchers while encouraging the development of high–yielding and resilient plant varieties. This Legislation plays a pivotal role in balancing agricultural advancements with equitable access to genetic resources.

India’s commitment in protecting the intellectual property rights within the agriculture stream from its obligations under the Trade related Aspects of intellectual property Rights (TRIPS) Agreement and international conventions like the International Union for Protection Of new Varieties of Plants (UPOV). The PPV&FRA established a one-of-a-kind (sui generis) system tailored to India’s agricultural landscape, granting exclusive rights to plant breeders while recognizing the contribution of farmers and researchers.

The key aspects of plant variety protection under the PPV&FRA include:

  • Breeders’ Rights: Grants exclusive rights to produce, sell, market, distribute, and import registered plant varieties, ensuring commercial benefits for the breeders.
  • Farmers’ Rights: Protection for traditional breeders who develop and preserve plant varieties, along with the right to save, use, and sell seeds of protected varieties under certain conditions.
  • Researchers’ Rights: The ability to use registered plant varieties for research and further breeding without infringing upon breeders’ rights.

Our Key Areas of Expertise and Services

At Khurana & Khurana, we provide specialized legal services related to plant variety protection, protection of intellectual property rights (IPR) related to the agriculture, plant breeders, farmers and researchers. With over 14 years of experience, we assist agribusinesses, seed companies, research institutions, and farmers in navigating the complexities of plant variety registration, licensing, and compliance under the PPV&FRA.

  1. Plant Variety Registration & Compliance: Bringing a new plant variety to market is an important step, but ensuring compliance with legal and regulatory frameworks is critical. We provide comprehensive, end-to-end support for plant variety registration under the Protection of Plant Varieties and Farmers’ Rights Act (PPV&FRA), ensuring seamless compliance at every stage. Our Services include:
  • DUS Testing Compliance – Assisting in meeting Distinctiveness, Uniformity, and Stability (DUS) criteria, a fundamental requirement for plant variety protection.
  • Application Filing & Documentation – Managing the preparation, submission, and follow-up of applications with the Plant Varieties and Farmers’ Rights Authority (PPVFRA).
  • Legal Representation in Oppositions – Defending your rights and securing approvals in cases of objections or disputes.
  1. Protecting Breeders’ & Farmers’ Rights: We recognize the contributions of plant breeders and farmers in advancing agricultural innovation and ensure their rights are fully protected under the PPV&FRA. Our expertise includes:
  • Breeders’ Rights – Assisting plant breeders in obtaining exclusive rights to sell, reproduce, and commercially exploit their registered plant varieties for up to 20 years.
  • Farmers’ Rights – Supporting farmers in saving, using, exchanging, and selling protected seeds while ensuring claims for compensation under Section 39(2) of the PPV&FRA for non-performing registered varieties.
  1. Licensing & Commercialization of Plant Varieties: Successful commercialization of plant varieties require robust legal frameworks and strategic partnerships. Our firm has a dedicated team of experienced IP lawyers and legal experts, adept at structuring, drafting, and negotiating technology transfer agreements, licensing agreements, joint venture agreements, commercialization agreements, amongst others, to drive agricultural innovation and business growth.
  1. IP Protection: IP Risk Assessment & Enforcement: Securing plant variety protection is only the first step—enforcement is equally crucial. We help mitigate risks and protect your rights through proactive legal strategies. Our services include:
  • Infringement Analysis – Conducting a comparative assessment to identify potential violations of your registered plant variety rights, ensuring compliance before market entry.
  • Legal Enforcement & Dispute Resolution – Taking swift legal action, including opposition proceedings, cease-and-desist notices, and litigation, against unauthorized use or infringement of plant variety rights.
  1. Supporting R&D in Agriculture & Biotechnology: Innovation in plant genetics and biotechnology requires a strong intellectual property (IP) framework. We assist research institutions, agribusinesses, and biotechnology firms in navigating plant variety protection laws, patent regimes, and global regulatory frameworks to safeguard their innovations. Our expertise includes:
  • Patent & IP Strategy – Advising on patent protection, plant variety rights (PVP), and IP portfolio management for biotechnology innovations and plant genetics.
  • International Compliance – Ensuring adherence to global treaties and regulatory frameworks, including UPOV, TRIPS, and the Convention on Biological Diversity (CBD), to facilitate cross-border commercialization and compliance.

Why Choose Khurana & Khurana?

With deep industry expertise and a commitment to agricultural innovation, we help clients maximize the value of their plant varieties while ensuring full legal protection and regulatory compliance. Whether securing breeders’ rights, assisting farmers, or facilitating plant variety commercialization, we deliver strategic, business-oriented solutions tailored to the evolving landscape of agriculture and biotechnology.

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