2.2.6 The Protection of Plant Varieties and Farmers Right Act, 2001

The Protection of Plant Varieties and Farmers Right Act, 2001 (‘the Plant Varieties Act’), inter alia, seeks to encourage the development of new varieties of plants and protect plant breeders’ right.
As per section 16 of the Plant Varieties Act, any person claiming to be breeder of that variety of plant may seek registration under section 14 thereof and on registration, the breeder is conferred an exclusive right to produce, sell, market, distribute, import or export that variety of plant or seed.
The Plant Varieties Act recognizes assignment of the right and on such assignment, assignee is recognized as breeder. Breeders recognized under the Plant Varieties Act are the IPR holders.
The Plant Varieties Act also permits appointment of agents and licensees to produce, sell, market, distribute, import or export registered plant or seed.