Loading…

Flash Player 9 (or above) is needed to view presentations.
We have detected that you do not have it on your computer. To install it, go here.

Like this presentation? Why not share!

Law Of Protection Of Plant Varieties And Farmers Rightsin India

on

  • 1,772 views

Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer

Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer

Statistics

Views

Total Views
1,772
Views on SlideShare
1,770
Embed Views
2

Actions

Likes
0
Downloads
41
Comments
0

1 Embed 2

http://www.linkedin.com 2

Accessibility

Categories

Upload Details

Uploaded via as Microsoft PowerPoint

Usage Rights

© All Rights Reserved

Report content

Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
  • Full Name Full Name Comment goes here.
    Are you sure you want to
    Your message goes here
    Processing…
Post Comment
Edit your comment

Law Of Protection Of Plant Varieties And Farmers Rightsin India Law Of Protection Of Plant Varieties And Farmers Rightsin India Presentation Transcript

  • Intellectual Property & Information Technology Laws Division By Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division
  • The Protection of Plant Varieties and Farmers Rights in India
  • LEGISLATIONS - IN INDIA
    • The Protection of Plant Varieties and Farmers Rights Act,2001
    • The Protection of Plant Varieties and Farmers Rights Rules,2003
  • INTERNATIONAL TREATIES TO WHICH INDIA IS A SIGNATORY
    • Agreement on Trade-related Aspects of Intellectual Property rights (TRIPS)
  • Objectives
    • Establishment of an effective system for protection of plant varieties.
    • Rights of farmers and plant breeders.
    • Stimulate investment for research and development
    • and to facilitate growth of the seed industry.
    • Availability of high quality seeds and planting
    • materials of improved varieties to farmers.
  • Application for registration
    • Any person may make an application for registration of any variety :
      • Of such genera and species as specified under subsection (2) of section 29 of, The Protection of Plant Varieties and Farmers Rights Act,2001
      • Which is an extant variety
      • Which is a farmers’ variety
  • Eligibility for Registration
    • Must conform to the criteria of:
      • Novelty
      • Distinctiveness
      • Uniformity
      • Stability
  • Who is a Farmer?
    • Any person who:
      • Cultivates crops by cultivating the land himself
      • Cultivates crops by directly supervising the cultivation of land through any other person
      • Conserves and preserves, any wild species or traditional varieties
      • Adds value to such wild species or traditional varieties
  • What is Farmers’ variety?
    • A variety which:
      • Has been traditionally cultivated and evolved by the farmers in their fields
      • Is a wild relative or land race of a variety about which the farmers possess common knowledge
  • Application form
    • Must contain:
      • Denomination assigned to such variety by the applicant
      • An affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology
      • Passport data of the parental lines
      • Geographical location
      • Description of the variety
  • Cont….
      • All such other information relating to the contribution of :
        • Any farmer
        • Village community
        • Institution
        • Or organization in breeding, evolving or developing the variety
      • Characteristics of:
        • Novelty
        • Distinctiveness
        • Uniformity
        • Stability
  • Cont….
      • Fees as may be prescribed
      • Declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired
      • The conditions stated above not to apply in respect of application for registration of farmers’ varieties.
  • What is Extant variety?
    • A variety available in India which is:
      • Notified under section 5 of Seeds Act, 1966
      • Farmers variety
      • A variety about which there is common knowledge
      • Any other variety which is in public domain
  • Period of protection
    • Trees and vines - 18 years
      • Renewable after 9 years
    • Other crops - 15 years
      • Renewable after 6 years
    • In the case of extant varieties - 15 years from the date of the notification
  • Breeders’ rights
    • To produce
    • Sell
    • Market
    • Distribute
    • Import and Export of the variety
  • Researchers’ right
    • The researchers have been provided access to protected varieties:
      • For conducting experiments
      • Research
    • Authorization of the breeder is required
      • For the purpose of creating other
      • varieties
      • For commercial production of such other newly
      • developed variety
  • Farmers’ rights
    • to protect
    • Save
    • Use
    • Sow
    • Resow
    • Exchange
    • Share
    • And sell, except sale under a commercial marketing arrangement
    • Protection of innocent infringement
  • Communities rights
    • Compensation for the contribution of communities in the evolution of new varieties in quantum's to be determined by the PPVFR Authority
  • Rights of the breeder of essentially derived varieties
    • Production
    • Selling
    • Marketing
    • Distribution
    • Export and import of the variety
  • Compulsory license
    • In case of complaints about the availability of the seeds to public at a reasonable price.
    • The license can be granted after the expiry of a period of 3 years from the date of issue of certificate to undertake:
      • Production
      • Distribution
      • Sale
      • Or other propagating material of the variety
  • Benefit sharing
    • Sharing of benefits accruing to a breeder from a variety developed from indigenously derived plant genetic resources has also been provided [Section 26(1)].
      • The authority may invite claims of benefit sharing of any variety registered under the Act, and shall determine the quantum of such award after ascertaining the extent and nature of the benefit claim, after providing an opportunity to be heard, to both the plant breeder and the claimer
  • Thank You. Intellectual Property & Information Technology Laws Division Flat No 903, Indra Prakash, 21, Barakhamba  Road, New Delhi 110001 (India) Phone: +91 11 42492532 (Direct) Phone: +91 11 42492525 Ext 532 Mobile :- 9810081079 Fax: +91 11 23320484 email:- [email_address] Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division