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Union of India - Section

Section 5 in The Protection Of Plant Varieties And Farmers' Rights (Criteria For Distinctiveness, Uniformity And Stability For Registration) Regulations, 2009

5. Criteria of distinctiveness, uniformity and stability for registration of farmers' variety .-(1) Any person who applies for registration under clause (c) of section 14 of the Act shall submit half the quantity of seeds as divided into five equal numbers of packets for the purpose of field test and also for storing in the National Gene Bank and the seed supply procedures shall be such as may be specified in the Journal.

(2)Wherever the distinctiveness of the variety is required to be verified, field test will be conducted for distinctiveness, uniformity and stability in the test Centres.
(3)The farmers' variety along with example variety and any other similar variety shall be evaluated in the paired row test.
(4)The length of the row and plant population shall be such as may be specified in the Journal.
(5)It shall be a replicated trial and will be conducted for one season at two locations for the limited purpose of confirming the distinctiveness, following the descriptors such as may be specified in the Journal.
(6)The uniformity levels for Farmers' variety for the respective species shall not exceed double the number of off-types such as may be specified in the Journal:Provided that the number of permitted off-types for each crop shall be developed and published in the Journal.
(7)If the variety meets the uniformity criteria, it shall be deemed to have met the stability criteria.