How novelty, distinctiveness, uniformity & stability have been defined in the Protection of Plant Varieties and Farmers’ Rights Act?
Novelty – Plant variety is novel if at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of breeder or his successor for the purpose of exploitation of such variety- (i) in India earlier than one year or (ii) outside India , in the case of trees or vines earlier than six years or in any other case, earlier than four years, before the date of filing such application: Provided that a trial of a new variety which has not been sold otherwise disposed of shall not affect the right to protection. Provided further that the fact that on the date of filing the application for registration, propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety. B) Distinctiveness – New plant variety will be considered distinct if it is clearl
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