Section 15 of PPVFR Act : Section 15: Registrable Varieties

Explanation using Example

Imagine a farmer named Geeta who has developed a new type of tomato plant that produces tomatoes with a unique purple hue, which she calls "Indigo Shine." Geeta wants to protect her rights over this new tomato variety. She applies for registration under The Protection of Plant Varieties and Farmers' Rights Act, 2001.

To register "Indigo Shine," she must demonstrate that the variety is novel, distinct, uniform, and stable:

• Novel: Geeta has not sold or distributed "Indigo Shine" in India more than one year before filing the application, nor has she sold it outside India.
• Distinct: "Indigo Shine" is clearly distinguishable from any other tomato variety known at the time of application due to its purple tomatoes.
• Uniform: The tomatoes produced by "Indigo Shine" plants are consistently purple, showing the expected uniformity in this characteristic.
• Stable: After several planting cycles, "Indigo Shine" tomatoes retain their unique purple color, confirming the variety's stability.

Additionally, Geeta must ensure that the name "Indigo Shine" is not misleading, doesn't infringe on religious sentiments, and isn't just a geographical name or composed of only numbers.

If all criteria are met, and "Indigo Shine" is registered, Geeta will have exclusive rights to her new tomato variety under the Act.