Protection of plant varieties is the most recent inclusion in TRIPS. Research and development in agriculture led to the creation of new plant varieties which were covered by rights commonly referred to as breeder rights. Though Article 27.3(b) of TRIPS agreement excludes plants from patentability, it provides protection of plant varieties either by patents or by an effective “sui generis” system (meaning self-generating) system. This means that a country can decide on any system, provided it grants effective plant breeder’s rights. Under this, plant varieties are protected based on the criteria of novelty, distinctiveness, uniformity and stability. India, like many developing countries, has chosen the sui generis option over patenting of plant varieties. Accordingly, it passed the Protection of Plant Varieties and Farmers’ Rights Act in August 2001. The purpose of this was to provide for the establishment of an effective system for protection of plant varieties, protection of the rights of farmers and breeders, and encouraging the development of new plant varieties and thereof. The key element of the Act is protection of IP rights for plant varieties by a registration process. Through such registration, both breeders and farmers of plant varieties are protected and given rights. It also gives rights to researchers, the government and the public.