Essentially Derived 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.
Section 23 gives a separate route for registering an essentially derived variety. The Registrar forwards the application to the Authority, the Authority tests whether the variety really derives from the initial variety, and only then does it direct registration. The breeder of the derived variety gets the section 28 rights, but may need the initial breeder's authorisation.
Provisions as amended up to the Tribunals Reforms Act, 2021 (in force 4 April 2021); no later amendment as of 3 October 2026. Later notifications should be checked on plantauthority.gov.in.
An application for an essentially derived variety (EDV) of the genera or species notified under section 29(2) is made to the Registrar in the manner of section 18 and goes to the Authority, which has the variety examined to determine whether it derives from the initial variety. If satisfied, it directs the Registrar to register; if not, it must refuse. The EDV must also meet the section 15 tests, and the EDV breeder's rights are subject to the initial breeder's authorisation on mutually agreed terms.
What an essentially derived variety is
The definition is in section 2(i): a variety predominantly derived from an initial variety (or from one that is itself predominantly derived from it), clearly distinguishable from it, and conforming to it in the expression of the essential characteristics except for differences resulting from the act of derivation. Section 23 is the registration route for such a variety.
Section 23(1) to (8): step by step
| Sub-section | What it provides |
|---|---|
| 23(1) | An application for an EDV of the genera or species specified under section 29(2) by the Central Government is made to the Registrar, by or on behalf of any person referred to in section 14, in the manner specified in section 18 as if "essentially derived variety" were substituted for "variety", accompanied by the documents and fees prescribed |
| 23(2) | When the Registrar is satisfied that sub-section (1) is complied with, he forwards the application with his report and all relevant documents to the Authority |
| 23(3) | The Authority gets 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 |
| 23(4) | If satisfied on the test report that the EDV is derived from the initial variety, the Authority may direct the Registrar to register it, and the Registrar shall comply |
| 23(5) | If not satisfied, the Authority shall refuse the application |
| 23(6) | The breeder's rights in section 28 apply to the EDV breeder, but authorisation by the breeder of the initial variety under section 28(2) may be subject to such terms and conditions as both parties may mutually agree |
| 23(7) | An EDV shall not be registered unless it satisfies the requirements of section 15, with "essentially derived variety" substituted for "variety" |
| 23(8) | After registration, the Registrar issues a certificate of registration in the prescribed form, sealed with the Registry's seal, and sends a copy to the Authority and to any other authority prescribed |
A drafting point: sub-section (1) refers to "any person referred to in section 14", whereas the persons who may apply are listed in section 16. Read the reference alongside section 16.
The Authority decides, not the Registrar
In an ordinary registration the Registrar accepts, advertises and registers. In an EDV case the Registrar's role ends at screening and forwarding with a report, and the Authority decides whether the derivation is established. That is why the decision is described as "satisfied on the report of the test".
What the Rules add
Under the Rules, an EDV application is accompanied by an affidavit that the variety contains no terminator-technology gene or gene sequence, a statement briefly describing the characteristics to substantiate novelty, distinctiveness, uniformity and stability, and the details of the parental material used, along with the prescribed fee (rule 34). Rule 35, substituted by G.S.R. 494(E) of 15 June 2015, says the manner of testing EDVs is decided by the Authority case by case and published in the Plant Variety Journal of India. Under rule 36 the certificate is issued in the manner of Form O-2 of the Third Schedule, and a copy goes to the Authority and to bodies the Central Government notifies. Rule 29(4) as substituted in 2015 excludes EDVs from the DUS test requirement. See rules 34 to 36A for details.
The initial breeder's authorisation
Section 28(2) lets a breeder authorise any person to produce, sell, market or otherwise deal with the variety. For an EDV, section 23(6) says that the breeder of the EDV has the section 28 rights, and the initial breeder's authorisation "may be subject to such terms and conditions as both the parties may mutually agree upon." The Act does not say that the initial breeder can refuse permission. What it provides is that the terms are for the parties to agree. A commercial question for the breeder of the initial variety is therefore how to price and condition that authorisation, and for the EDV breeder how to secure it.
If the initial variety is a farmers' variety, section 43 adds a consent requirement: the authorisation under section 28(2) shall not be given by the breeder of the farmers' variety except with the consent of the farmers or group of farmers or community of farmers who contributed to its preservation or development. See sections 42 to 44.
An invented example: Navkar Agri Sciences Ltd crosses a registered mustard variety with a new gene and obtains a line that looks and behaves almost the same, with one new trait. It applies for registration as an EDV. The Registrar forwards the file to the Authority; the Authority has the line tested, finds it derives from the registered initial variety, directs registration and the certificate issues. If the line is later marketed, Navkar will deal with the initial breeder on the terms they agree.
If you are working on a derivative and need to understand the interaction with the initial breeder's rights, a legal consultation can help you plan the approach before filing.
How an EDV differs in practice
- It is registered through the Authority, not on the Registrar's decision alone.
- It must still meet the section 15 criteria, so it must be novel, distinct, uniform and stable in its own right.
- Its certificate follows the same form pattern as other certificates under the Rules.
- Its holder has the section 28 rights, within the limits of the initial breeder's authorisation.
Need help with a derivative variety?
Where an improved line is close to a registered variety, the questions of derivation, authorisation and infringement all arise at once. Our team can help you map them. Begin with a legal consultation.
Key takeaways
- An EDV is registered through the Authority, which examines whether it derives from the initial variety.
- If the Authority is not satisfied, it must refuse the application.
- An EDV must still meet the section 15 requirements.
- The EDV breeder has section 28 rights, but the initial breeder's authorisation is on mutually agreed terms.
- If the initial variety is a farmers' variety, section 43 requires the farming community's consent for the authorisation.
Read next
- Section 2: definitions
- Section 24: certificate of registration and term
- Rules 34-36A: EDV rules and seed supply
- Sections 42-44: farmers' variety authorisation
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.