The new crop varieties are developed and protected through â€œplant breederâ€™s rights or PBRs. The PBRs ensures that the plant breeder who developed a particular variety gets the exclusive rights for marketing the variety. The following two major steps were taken in consideration of PBRs:
(b) The Food and Agriculture Organisation (FAO) has an International treaty on plant genetic resources for food and agriculture. This treaty consists of a particular clauses which refers to operation of farmerâ€™s rights.
(c) The â€˜Plant Varietal Protection and Farmerâ€™s Rights Act 2001 agrees for the right of farmers, breeders, and researchers. The protection is provided by making compulsory licensing of rights, and inhibiting the import of plant varieties consisting of â€˜genetic use of restriction technologyâ€™ (GURT) e.g. terminator technology of Monsanto.
Following conditions should be fulfilled to grant protection to the new varieties:
a) the new variety must always be new i.e. it should not have ever been exploited commercially.
b) It should be biologically distinct and possess different characters.
c) The new variety of the plant must have uniform characters.
f) The distinguishing character of new variety must be stable for generations.
g) The new variety should have taxonomic validity i.e. systematic position, generic and species names etc.