Comparison of UPOV Conventions, Indian PVP and FRA and the Patent Law, Protection Coverage, Requirement for Protection, Farmers Privilage

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Comparison of UPOV Conventions, Indian PVP and FRA and the Patent Law

	UPOV 1978 ACT	UPOV 1991 Act	Indian PVP and FRA	Patent Law
Protection coverage	Varieties of species defined by a country	Varieties of all species	Varieties of all species	Inventions
Requirement for protection	Distinct, uniform and stable (DUS)	New, distinct, uniform and stable	New, distinct, uniform and stable	New, inventive non-obvious, industrial application and utility
Scope of breeders rights	Production and marketing of propagation material (only seed)	Production, marketing export, import and stocking of all material (seed and other parts)	Production, marketing export, import and stocking of all material	Commerical use of protected matter
Minimum duration of protection	15 years	20 years	15 years (plants/ crops) 18 years (tree / vines)	17-20 years (OECD)

	UPOV 1978 ACT	UPOV 1991 Act	Indian PVP and FRA	Patent Law
Breeders’ exemption	Yes	Not for essentially derived varieties	Not for essentially derived varieties	No
Farmers privilage	Yes (in practice)	Optional; to be governed by national laws	Yes	No
Double protection (possible or not)	No	Yes	―	Yes
Compulsory licence (when breeder can not supply seed)	In case of public interest	In case of public interest	In case of public interest	―