The issue of certification of new & extant plant varieties is in the limelight thanks to the PepsiCo issue. The latest data indicates that of the 6400 odd certificates issued so far, 54% were issued to farmers, 25% to private organizations, 21% to public bodies like ICAR and state agricultural universities. PepsiCo India Holdings Ltd.’s potato variety, FL-2027, used for manufacturing Lays potato chips had garnered attention when the Company sued a few farmers in Gujarat for allegedly infringing its patent rights by illegally growing, producing, and selling the variety without the company’s permission, back in 2019. Later, the company withdrew the lawsuits to settle the issue amicably. Subsequently, in December 2021, the registration of FL-2027 potato variety was revoked by the ‘Protection of Plant Varieties and Farmers Rights Authority’ (The Authority) upon finding that the certificate of registration was earlier granted on the basis of incorrect information furnished by the Company. The revocation order was issued upon the filing of revocation application in June 2019, about 30 months before the order. However, the recent verdicts of the Delhi High Court about registration and renewal of the same variety of Potato has been garnering attention yet again. The Company had challenged the revocation order of Authority in the Delhi High Court. In its verdict on 5 July 2023, the single judge bench upheld the revocation order of the Authority. However, in its recent judgment on 9 January 2024, the Division Bench of Delhi High Court had set aside both the single bench judge verdict and also the revocation order and had directed the Authority to process the renewal application of the Company in accordance with Law and in light of the findings recorded in the judgement. While it remains to be seen what further administrative and legal developments are going to take place, the issue has been receiving attention yet again. Against this backdrop, we look at the significance of the patenting of plant varieties and the process in India, the legislation that governs it, and numbers pertaining to the certified varieties in the country. IPR Protection for improved seed varieties Usually, improved varieties of seeds are used for an increase in yield alongside the use of other agricultural inputs such as fertilizers, and insecticides. To achieve better yields, improved seed varieties that can withstand environmental shocks and diseases are often used. These could help in multiple ways such as ensuring food security, and supporting farmers to adapt to climate change among other things. However, it takes a very long time, sometimes 15 years or more to develop a new variety with improved features, and an additional number of years to introduce the same into the market and for farmers to adopt it. In addition to the time required for developing these varieties, human and financial resources are also required, which calls for a legal system of plant variety protection. UPOV convention in 1961 encouraging countries to introduce a plant variety protection system Globally, the International Union for the Protection of New Varieties of Plants (UPOV) was established in 1961 ‘to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.’ Following the UPOV Convention, many countries introduced a plant variety protection (PVP) system. UPOV had 78 members as of 03 November 2021, while India has initiated the procedure for acceding to the UPOV Convention. Protection of Plant Variety and Farmers Right Act was enacted in India in 2001 In India, the Protection of Plant Variety and Farmers Right Act, 2001 (PPVFR Act) was enacted ‘to provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants’ and for giving effect to the TRIPS Agreement. In simpler terms, the legislation grants intellectual property rights to breeders, farmers, and researchers who develop a new plant variety or develop the existing ones. The Act defines the rights of breeders, farmers, and researchers The rights of breeders, farmers, and researchers have been clearly defined under the Act: Breeders’ Rights – The breeder or their successor, agent, or licensee, has exclusive rights to produce, sell, market, distribute, import, or export the protected variety under Section 28 of the Act. Researchers’ Rights – The researchers are permitted to use any of the registered varieties under the Act for conducting experiments or research. They can also use a registered variety as an initial source for the purpose of developing another variety.