Rules 34 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 34 to 36 explain how an essentially derived variety (EDV) is registered: the documents that go with the application, how the derivation is tested (as substituted in 2015) and the certificate. Rule 36A, inserted in 2012, tells a breeder or other person entitled to produce a registered variety how seed must be supplied to farmers. Our legal consultation team can help with either.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
An EDV application carries three documents: an affidavit that the variety contains no terminator-technology gene or gene sequence, a statement of characteristics to show novelty, distinctiveness, uniformity and stability, and details of the parental material (rule 34(1)), with the fee in the Second Schedule (rule 34(2)). Since 2015, the manner of testing an EDV is decided by the Authority case by case and published in the Plant Variety Journal of India (rule 35). The Registrar issues the certificate in Form O-2 (rule 36). Under rule 36A, the breeder or any person entitled to produce a registered variety must supply seed in a timely manner or arrange production and sale at a reasonable market price.
Rule 34: application for registration of an EDV
Rule 34 implements section 23 of the Act: an application for an EDV is made as for a variety, accompanied by documents and fees that are prescribed. See section 23.
Rule 34(1): the application "shall be accompanied by the following documents":
| Clause | Document |
|---|---|
| (a) | An affidavit sworn by the applicant stating that the variety "does not contain any gene or gene sequence involving terminator technology" |
| (b) | A statement giving details of a brief description of the characteristics of the variety to substantiate novelty, distinctiveness, uniformity and stability |
| (c) | The details of the parental material used |
Rule 34(2): the application is accompanied by the fee "as specified for the purpose in column (3) of the Second Schedule". In the 2015 Second Schedule, entry 5 (fees for registration of essentially derived varieties) reads: Individual Rs. 7,000/-, Educational Rs. 10,000/-, Commercial Rs. 50,000/-. The Schedule does not define the three categories. The affidavit must meet the form and truth statement in rule 10.
Section 23(1) also says the EDV must be of a genus or species specified by the Central Government under section 29(2), and section 23(7) says an EDV cannot be registered unless it meets the tests in section 15. The rule does not repeat those requirements.
Rule 35: testing (substituted in 2015)
The 2003 rule said the tests referred to in section 23(3) "shall be conducted by the Authority in consultation with the Central Government". G.S.R. 494(E) of 15 June 2015 substituted a new rule 35:
"The manner of testing essentially derived varieties shall be decided by the Authority on a case-to-case basis and the same shall be published in the Plant Variety Journal of India."
Section 23(3) requires the Authority to have the EDV examined to determine whether it is derived from the initial variety by "conducting such tests and following such procedure as may be prescribed". Rule 35 now says the procedure is set case by case and published. The Rules contain no fixed test for derivation, no threshold of genetic similarity and no list of tests. Readers should check plantauthority.gov.in and the journal for any published method.
Rule 29(4), as amended, says DUS testing is necessary for all new and extant varieties "except essentially derived varieties"; see rules 28 and 29. Testing an EDV is therefore a distinct exercise from DUS testing.
Rule 36: certificate of registration
"The Registrar shall issue to the applicant a certificate of registration of an essentially derived variety in the manner specified in Form O-2 of the Third Schedule and send a copy of the registration to the Authority and to such other body(ies) as may be notified by the Central Government for information."
This follows section 23(8). The Registrar issues the certificate only after the Authority has directed registration under section 23(4). The form, Form O-2, is also used for the certificate of registration of other plant varieties (rule 37); see the Third Schedule article. The Rules do not list the bodies to which a copy is sent; they are those the Central Government notifies.
An invented example: a seed company develops a rice variety that is derived from a registered initial variety of another breeder. It applies as an EDV, files the terminator-technology affidavit, the statement of characteristics and the parental-material details, and pays the entry 5 fee for its category. The Authority decides how the derivation will be tested and publishes the method; if it is satisfied, it directs the Registrar to register, and the certificate follows in Form O-2. Under section 23(6) the rights in section 28 then apply to the EDV breeder, but authorisation by the initial-variety breeder may carry mutually agreed terms.
Rule 36A: arranging production and sale of seed
Rule 36A was inserted by G.S.R. 900(E) of 17 December 2012 under section 96(2)(vii) of the Act, to carry out section 8(2)(e). It reads, in substance:
36A. Manner for arranging production and sale of seeds of registered variety under clause (e) of sub-section (2) of section 8. (1) The breeder of a registered variety or any person entitled to produce, market and sell the seeds of a registered variety under this Act shall,
- (a) provide the seeds or propagating material of the registered variety to the farmers in a timely manner, so as to satisfy their reasonable requirements; or
- (b) arrange for production, marketing and sale of seeds or propagating material of such registered variety to the farmers at a reasonable market price.
Two points. The duty is stated in the alternative ("or"): supply timely to meet reasonable requirements, or arrange production, marketing and sale at a reasonable market price. And it binds both the breeder and "any person entitled to produce, market and sell", so a registered licensee is within it.
The rule does not say what a "reasonable" requirement or price is, and it does not state a consequence. The consequence is found in the Act. Section 8(2)(e) speaks of compulsory licensing where the breeder or other entitled person "does not arrange for production and sale of the seed in the manner as may be prescribed", and section 47 permits a compulsory licence after three years where the reasonable requirements of the public for seed have not been satisfied or the seed is not available at a reasonable price. See sections 47 to 49 and sections 8 to 10.
Rule 36A is a risk point for licensees and seed distributors. A seed company holding exclusive rights should be able to show timely supply or a reasonable market price arrangement, so that a compulsory licence application has little to rest on. For help with licence terms and supply obligations, our legal consultation team can review the arrangement.
Need help with EDV applications or seed supply duties?
Derived-variety applications and supply obligations both depend on documents and on facts that must be proved later. Our legal consultation team can check the EDV filing papers and advise on how to document timely, reasonable supply of seed.
Key takeaways
- An EDV application needs a terminator-technology affidavit, a statement of characteristics and the parental-material details, with the Second Schedule fee.
- Rule 35 (2015): the Authority decides the manner of testing an EDV case by case and publishes it in the Plant Variety Journal of India.
- The EDV certificate is in Form O-2, and a copy goes to the Authority and notified bodies.
- Rule 36A: the breeder or other entitled person must supply seed in a timely manner to meet reasonable requirements, or arrange production and sale at a reasonable market price.
- Failure to arrange supply is the context for compulsory licensing under the Act.
Read next
- Section 23: registration of an essentially derived variety
- Sections 47-49: compulsory licence
- Sections 8-10: general functions of the Authority
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.