Protection of plant variety and farmer's right act 2001

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Protection of plant variety and farmer's right act 2001

  1. 1. PROTECTION OF PLANT VARIETY AND FARMER’S RIGHTS ACT 2001 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com By PREETHI NARAYANAN Junior Associate Patent Department
  2. 2. OBJECTIVES OF THE ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • To provide for the establishment of an effective system for protection of plant varieties • To provide for the rights of farmers and plant breeders • To stimulate investment for research and development and to facilitate growth of the seed industry • To ensure availability of high quality seeds and planting materials of improved varieties to farmers
  3. 3. PLANT VARIETIES REGISTERED UNDER THE ACT UNDER SEC-15 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 1. A new variety if it conforms to the criteria of novelty, distinctiveness, uniformity and stability BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com 2. An extant variety if it conforms to criteria of distinctiveness, uniformity and stability
  4. 4. DEFINITIONS AS PER THE ACT, 2001 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Under sec 2(l) “Farmers variety” means a variety which1. Has been traditionally cultivated and evolved by the farmers in their fields; or 2. Is a wild relative or land race of a variety about which the farmers posses the common knowledge
  5. 5. ---- CONTINUED CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Under sec 2(j) “Extant Variety” means a variety, which is Notified under section 5 of the seeds Act, 1996 (54 of 1966);  A farmers variety  A variety about which there is common knowledge  Any other variety which is in the public domain Under sec 2(i) “Essentially Derived Variety” - a variety predominantly derived from another variety - Conforms to initial variety in all aspects except for differences which result from act of derivation - Yet is clearly distinguishable from such variety
  6. 6. ELIGIBILITY CRITERIA FOR REGISTRATION UNDER THE ACT UNDER SEC-15 3 (A) CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Novel : at the date of filing of application for registration for protection, the propagating or harvested material of such a variety has not been sold, disposed of by or with consent of breeder or his successor for the purpose of exploitation of such variety. India-earlier than 1 year. Outside India- trees or vines: earlier than 6 or 4 years Distinct : if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of application
  7. 7. --- CONTINUED CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Uniform : If subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Stable : If its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle
  8. 8. UNIQUE ASPECT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 It confers three concurrent rights: BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • To breeders • To farmers • To researchers
  9. 9. BREEDERS’ RIGHTS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor or his agent or licensee, to produce, sell, market, distribute, import or export of the variety [section 28 (1)]
  10. 10. RESEARCHERS RIGHTS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The researchers have been provided access to protected varieties for bonofide research purposes [sec 30] It states that: - registered varieties can be used for research or experiments - use of registered variety as initial variety for purpose of creating other varieties with the authorization of breeder where the repeated use as parental line is necessary
  11. 11. FARMERS’ RIGHTS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The farmers’ rights of the Act define the privilege of farmers and their right to protect varieties developed or conserved by them [chapter VI] It states that: -They can save, use, sow, resow, exchange, share and sell farm produce of a protected variety except sale under a commercial marketing arrangement (branded seeds) [section 39 (1), (i)(iv)] - Protected against infringement [section 42 (1)]
  12. 12. DUS TEST FOR REGISTRATION OF CROPS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com The office of registrar accept applications for registration of 12 crops: Rice, lentil, maize, green gram, kidney bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread wheat DUS (distinctiveness Uniformity and Stability) test guidelines have been finalized for these notified crop species
  13. 13. TOTAL SPECIES FOR REGISTRATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • There are a total of 21 species at present that could be registered which are broadly divided into three categories -Pulses -coarse cereals -Oil seeds • Other new species for which approval is awaited 22 species such as - 8 vegetable crops - 1 fruit: mango - 1 flower plant: Rose - 10 oil seed crops
  14. 14. TERM OF PROTECTION UNDER SEC-24 (6) CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com • Trees and vines – 18 years from registration • Extant varieties – 15 years from the date of notification of that variety by the central government under section 5 of the seeds act, 1966 • Others- 15 years from the date of registration of variety
  15. 15. PLANT VARIETIES UNDER THIS ACT CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com WHICH CANNOT BE PROTECTED A plant variety which is (SEC – 15(4)): not capable of identifying such variety Consists solely of figures Is liable to mislead or to cause confusion concerning the characteristics, value, identify of such variety, or the identity of breeder of such variety is likely to deceive the public or cause confusion regarding identity is comprised of nay matter likely to hurt the religious sentiments respectively of any class section of the citizens of India Is prohibited for use Is comprised of solely or partly of geographical name
  16. 16. PERSONS WHO CAN APPLY CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com  Any person claiming to be the breeder of variety or any successor of breeder of variety  Any person being the assignee of breeder of the variety  Any farmer or group of farmers or community of farmers claiming to be breeder of variety  Any person authorized in the prescribed manner by persons mentioned above  Any university or publicly funded agricultural institution claiming to be breeder of the variety
  17. 17. REGISTRATION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Any person as described under sec 16 of the Act, can apply for the registration of a new variety either directly or through their agents. The office of registrar, Protection of plant varieties and Farmers’ Rights Authority is the appropriate office for filing the application in India -applicant can file a completely filled application with registrar for any variety of such genera and species as specified -can also made available such quality of seeds of variety for registration along prescribed fee
  18. 18. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com Thank you

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