Section 1
Core Definitions
A variety is a plant grouping within a single botanical taxon of the lowest known rank that can be:
- Defined by the expression of the characteristics resulting from a given genotype or combination of genotypes;
- Distinguished from any other plant grouping by the expression of at least one of those characteristics; and
- Considered as a unit with regard to its suitability for being propagated unchanged.
A cultivar (from cultivated variety) is a variety that has been selected, improved, and is maintained under cultivation. It is the standard unit in horticulture and agronomy used to refer to a named plant grouping with consistent, heritable traits distinguishing it from other plants of the same species.
- Named according to the International Code of Nomenclature for Cultivated Plants (ICNCP);
- Must satisfy criteria of Distinctness, Uniformity, and Stability (DUS);
- The cultivar name is placed in single quotation marks — e.g., Mangifera indica 'Alphonso'.
An extant variety is any variety — whether a farmers' variety, a variety about which there is common knowledge, or any other variety — that is in existence at the time of coming into force of the PPVFR Act, 2001.
- Includes varieties notified under the Seeds Act, 1966;
- Varieties for which farmers' varieties are the basis;
- Varieties about which there is common knowledge — documented in literature, traditional use, or folk records;
- Any other variety in existence at the commencement of the Act.
An essentially derived variety (EDV) is a variety that is predominantly derived from the initial (reference) variety — or from a variety that is itself predominantly derived from the initial variety — while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of that initial variety.
Derivation may occur through:
- Selection of a natural or induced mutant or a somaclonal variant;
- Repeated backcrossing;
- Transformation by genetic engineering;
- Any other method of derivation that preserves the essential genotype of the initial variety.
An independently derived variety is a variety that has been developed separately, through independent research and breeding effort, without making use of the protected initial variety as a direct progenitor. Despite potentially resembling a protected variety in some traits, it has its own separate breeding pedigree.
- The breeder must be able to demonstrate that the variety was developed without access to, or use of, the protected initial variety;
- An independently derived variety does not fall under the EDV provisions;
- Its commercialisation does not require authorisation from the breeder of the similar-looking protected variety.
A reference variety (sometimes called the initial variety in the EDV context) is a previously registered or well-documented variety used as a standard for comparison during DUS (Distinctness, Uniformity, Stability) testing to assess the novelty and distinctness of a candidate variety.
- Must be representative of the known variation within the crop species;
- Selected by the authority conducting DUS trials (e.g., PPV&FRA in India);
- The candidate variety must be clearly distinguishable from all reference varieties in at least one characteristic;
- In the EDV context, the reference variety is the initial protected variety from which the derived variety was predominantly obtained.
Section 2
Farmers' Varieties, Landraces & Traditional Germplasm
A farmers' variety is a variety that has been traditionally cultivated and evolved by farmers through their own breeding and selection practices, and is associated with naturally evolved traits under specific farming conditions. Under Section 2(l) of the PPVFR Act 2001, a farmers' variety means a variety that:
- Has been traditionally cultivated and evolved by the farmers in their fields; or
- Is a wild relative or land race of a variety about which farmers possess the common knowledge.
Genetic Resources
A landrace is a locally adapted, traditional variety of a domesticated animal or plant species that has developed over time through adaptation to its natural and cultural environment. It has not been subjected to formal, systematic plant breeding but has evolved under farmer selection and natural selection pressures over long periods.
Key characteristics of landraces:
- Local adaptation: Highly suited to local soils, climate, pest/disease pressure, and farming systems;
- Genetic heterogeneity: Unlike modern pure-line varieties, landraces are populations with considerable internal genetic diversity;
- Stability: Show buffered, stable performance across variable environments through population-level buffering;
- Cultural identity: Often embedded in local food systems, cuisine, and cultural practices;
- Farmer-maintained: Seed is saved and exchanged within and between communities.
Section 3
Population Structures: Hybrids & Populations
A hybrid variety is the first filial generation (F₁) offspring resulting from a controlled cross between two or more genetically distinct, often homozygous inbred parental lines. The offspring typically exhibit heterosis (hybrid vigour) — a phenotypic superiority over both parents in traits such as yield, growth rate, stress tolerance, and uniformity.
Types of hybrids:
- Single cross hybrid: A × B → F₁ (two inbred lines); highest heterosis, most expensive to produce;
- Three-way cross hybrid: (A × B) × C → uniform hybrid from three lines;
- Double cross hybrid: (A × B) × (C × D) → used where single-cross seed yield is poor;
- Top cross hybrid: Inbred line × open-pollinated variety; simpler, less intensive;
- Intervarietal hybrid: Cross between two OPVs, used in some vegetable crops.
In plant breeding, a population is a genetically heterogeneous group of individuals of a common species that interbreed freely within the group and share a common gene pool. Unlike pure-line varieties or hybrids, populations contain substantial genetic variability and are in a state of dynamic equilibrium.
Key attributes:
- Open-pollinated varieties (OPVs): Named, stabilised populations that breed true enough to be released as varieties; seed can be saved and replanted with acceptable performance;
- Genetic diversity: Enables population-level buffering against biotic and abiotic stresses — no single genotype is exposed; the population adapts;
- Hardy–Weinberg Equilibrium (HWE): Allele frequencies remain stable across generations under random mating without selection, mutation, drift, or migration;
- Breeding populations: Base material for recurrent selection, mass selection, and population improvement programmes (e.g., S₁ family selection, half-sib selection).
Section 4
Comparative Summary
| Term | Genetic Structure | Origin | Seed Saving | IPR Status |
|---|---|---|---|---|
| Variety / Cultivar | Defined; uniform & stable | Formal breeding or selection | Possible (if non-protected) | Registerable under UPOV/PPVFR |
| Extant Variety | Variable; pre-existing | Pre-Act existence; common knowledge | Yes | Registerable without commercialisation period |
| EDV | Predominantly same as initial variety | Derived from protected variety | Conditional | Requires initial breeder's authorisation |
| Independently Derived | Similar to protected; independent origin | Parallel breeding, no access to initial | Yes | Independent rights; not an EDV |
| Reference Variety | Documented; benchmark | Pre-existing registered material | — | Used in DUS comparisons only |
| Farmers' Variety | Moderately variable | Farmer selection over generations | Unrestricted | Registerable; farmers retain full use rights |
| Landrace | Genetically heterogeneous | Natural + farmer selection; ancient origin | Unrestricted | Community IP; CBD/ITPGRFA protection |
| Hybrid (F₁) | Uniform F₁; heterozygous | Controlled cross of inbred lines | Not recommended (F₂ breakdown) | Natural protection; trade secret (parental lines) |
| Population / OPV | Genetically diverse | Mass/recurrent selection; composite/synthetic | Yes; stable across generations | Registerable; publicly available |
Section 5
Key Conceptual Distinctions
Variety vs. Cultivar
"Variety" is the broader legal/biological term used in seed laws and taxonomy. "Cultivar" is the botanical term used in the ICNCP, specifically implying cultivation and management. All cultivars are varieties; not all varieties are cultivars.
EDV vs. Independently Derived Variety
Both may phenotypically resemble the initial protected variety, but their legal status differs entirely. The key is provenance: was the protected variety used as a progenitor? EDV → yes. Independently derived → no.
Landrace vs. Farmers' Variety
Landraces are genetically heterogeneous, ancient populations; farmers' varieties may be more recently selected and relatively uniform. Landraces emphasise ecological adaptation; farmers' varieties emphasise human-directed selection and cultural use.
Hybrid vs. Population
A hybrid (F₁) is the product of a specific, deliberate cross producing a uniform, heterozygous generation. A population is an interbreeding group maintained over cycles. Hybrids collapse in F₂; populations remain relatively stable across generations.
Extant Variety vs. New Variety
New varieties must meet commercial novelty (not sold before a prescribed period). Extant varieties are pre-existing and bypass this novelty requirement, qualifying directly for registration based on DUS and distinctness from known material.
Reference Variety vs. Initial Variety
A reference variety is used in DUS testing for distinctness comparisons. An initial variety is used in the EDV context to denote the protected parent from which an EDV was predominantly derived. These roles may overlap if the protected variety is also used as a DUS benchmark.
