law: The Protection of Plant Varieties and Farmers' Rights Act, 2001
  15. Registrable
  
  varieties.-
  1.  A
  
  new variety shall be registered under this Act if it conforms to the criteria
  
  of novelty, distinctiveness, uniformity and stability.
  2.  Notwithstanding
  
  anything contained in sub-section (1), an extant variety shall be registered
  
  under this Act within a specified period if it conforms to such criteria of
  
  distinctiveness, uniformity and stability as shall be specified under the
  
  regulations.
  3.  For
  
  the purposes of sub-sections (1) and (2), as the case may be, a new variety
  
  shall be deemed to be-
  a.   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 its breeder or his successor
  
  for the purposes 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 or 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, the
  
  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;
  a.  
  
  
  b.   distinct, if it is
  
  clearly distinguishable by at least one essential characteristic from any other
  
  variety whose existence is a matter of common knowledge in any country at the
  
  time of filing of the application. Explanation.-For the removal of doubts, it
  
  is hereby declared that the filing of an application for the granting of a
  
  breeder's right to a new variety or for entering such variety in the official
  
  register of varieties in any convention country shall be seemed to render that
  
  variety a matter of common knowledge from the date of the application in case
  
  the application leads to the granting of the breeder's right or to the entry of
  
  such variety in such official register, as the case may be;
  c.   uniform, if subject
  
  to the variation that may be expected from the particular features of its
  
  propagation it is sufficiently uniform in its essential characteristics;
  d.   stable, if its
  
  essential characteristics remain unchanged after repeated propagation or, in
  
  the case of a particular cycle of propagation, at the end of each such cycle.
  1.  
  2.  
  3.  
  4.    A
  
  new variety shall not be registered under this Act if the denomination given to
  
  such variety-
   
  
   i.  
  
  
  
    is
  
  not capable of identifying such variety; or
  consists
  
  solely of figures; or
   
  
   iii.  
  
    is
  
  liable to mislead or to cause confusion concerning the characteristics, value
  
  identity of such variety, or the identity of breeder of such variety; or
   
  
   iv.  
  
  
  
    is
  
  not different from every denomination which designates a variety of the same
  
  botanical species or of a closely related species registered under this Act; or
  
  
   
  
   v.  
  
    is
  
  likely to deceive the public or cause confusion in the public regarding the
  
  identity of such variety; or
   
  
   vi.  
  
    is
  
  likely to hurt the religious sentiments respectively of any class or section of
  
  the citizens of India; or
   
  
   vii.  
  
  
  
    is
  
  prohibited for use as a name or emblem for any of the purposes mentioned in
  
  section 3 of the Emblems and Names (Prevention of Improper Use) Act, 1950 (12
  
  of 1950); or
   
  
   viii.  
  
    is
  
  comprised of solely or partly of geographical name: Provided that the Registrar
  
  may register a variety, the denomination of which comprises solely or partly of
  
  a geographical name, if he considers that the use of such denomination in
  
  respect of such variety is an honest use under the circumstances of the case.