How is an “Extant Variety”

defined in PPVFR Act 2001?

Posted On February 29, 2016 by &filed under .

How is an “Extant Variety” defined in PPVFR Act 2001?

“Extant Variety” means a variety, which is–

 Notified under section 5 of the Seeds Act, 1966 (54 of 1966).

 A farmers’ variety.
 A variety about which there is common knowledge.
 Any other variety which is in the public domain.

Variety means a plant grouping except micro-organism within a single botanical taxon of the
lowest known rank, which can be-
(i) defined by the expression of the characteristics resulting from a given genotype of that plant
grouping.
(ii) distinguished from any other plant grouping by expression of at least one of the said
characteristics; and
(iii) considered as unit with regard to its suitability for being propagating, which remain
unchanged after such propagation, and includes propagating material of such variety, extant
variety, transgenic variety, farmers’ variety and essentially derived variety.
Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators
of IP, for ideas which are new and original, by the respective governments. No one can use
others’ IPR without their permission. These rights come with limited monopoly and exclusivity.
What is the meaning of “Essentially
Derived Variety” as per PPVFR Act,
2001?
Posted On February 29, 2016 by &filed under .

What is the meaning of “Essentially Derived Variety” as per PPVFR Act, 2001?
“Essentially Derived Variety” is a variety which is predominantly derived from another variety
(protected or otherwise) and conforms to the initial variety in all aspects except for the
differences which result from the act of derivation, and yet is clearly distinguishable from such
initial variety.
Variety means a plant grouping except micro-organism within a single botanical taxon of the
lowest known rank, which can be-
(i) defined by the expression of the characteristics resulting from a given genotype of that plant
grouping.
(ii) distinguished from any other plant grouping by expression of at least one of the said
characteristics; and
(iii) considered as unit with regard to its suitability for being propagating, which remain
unchanged after such propagation, and includes propagating material of such variety, extant
variety, transgenic variety, farmers’ variety and essentially derived variety.
Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators
of IP, for ideas which are new and original, by the respective governments. No one can use
others’ IPR without their permission. These rights come with limited monopoly and exclusivity.