WTO Secretariat Report (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual property rights: (g) Plant varieties (Page 121, paragraph 288)
As indicated in the Report, plant varieties are protected in India through the Protection of Plant Varieties and Farmers' Rights Act 2001, and the Rules and Regulations 2006. Registration of a plant variety gives protection only in India and confers upon the right holder, its successor, agent, or licensee the exclusive right to produce, sell, market, distribute, import, or export the variety.
It would be appreciated if India could please clarify whether the natural persons or legal persons of all WTO Members can make applications according to the above mentioned laws, and whether the rights for new plant varieties of such foreign applicants will be protected if relevant terms are met?
Reply: A "breeder" under PPVandFR Act, 2001 can be a legal person. The Act also does not exclude foreign applicants from the definition of breeder provided the necessary conditions are met.
