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

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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


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  • 1. Intellectual Property & Information Technology Laws Division By Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division
  • 2. The Protection ofThe Protection of Plant VarietiesPlant Varieties and Farmers Rightsand Farmers Rights in Indiain India
  • 3. LEGISLATIONS - IN INDIALEGISLATIONS - IN INDIA  The Protection of Plant Varieties and Farmers RightsThe Protection of Plant Varieties and Farmers Rights Act,2001Act,2001  The Protection of Plant Varieties and Farmers RightsThe Protection of Plant Varieties and Farmers Rights Rules,2003Rules,2003
  • 4. INTERNATIONAL TREATIES TO WHICHINTERNATIONAL TREATIES TO WHICH INDIAINDIA IS A SIGNATORYIS A SIGNATORY  Agreement on Trade-related Aspects ofAgreement on Trade-related Aspects of Intellectual Property rights (TRIPS)Intellectual Property rights (TRIPS)
  • 5. ObjectivesObjectives  Establishment of an effective system for protectionEstablishment of an effective system for protection of plant varieties.of plant varieties.  Rights of farmers and plant breeders.Rights of farmers and plant breeders.  Stimulate investment for research and developmentStimulate investment for research and development and to facilitate growth of the seed industry.and to facilitate growth of the seed industry.  Availability of high quality seeds and plantingAvailability of high quality seeds and planting materials of improved varieties to farmers.materials of improved varieties to farmers.
  • 6. Application for registrationApplication for registration  Any person may make an application for registrationAny person may make an application for registration of any variety :of any variety :  Of such genera and species as specified under subsectionOf such genera and species as specified under subsection (2) of section 29 of, The Protection of Plant Varieties and(2) of section 29 of, The Protection of Plant Varieties and Farmers Rights Act,2001Farmers Rights Act,2001  Which is an extant varietyWhich is an extant variety  Which is a farmers’ varietyWhich is a farmers’ variety
  • 7. Eligibility for RegistrationEligibility for Registration  Must conform to the criteria of:Must conform to the criteria of:  NoveltyNovelty  DistinctivenessDistinctiveness  UniformityUniformity  StabilityStability
  • 8. Who is a Farmer?Who is a Farmer? Any person who:Any person who:  Cultivates crops by cultivating the land himselfCultivates crops by cultivating the land himself  Cultivates crops by directly supervising the cultivation ofCultivates crops by directly supervising the cultivation of land through any other personland through any other person  Conserves and preserves, any wild species or traditionalConserves and preserves, any wild species or traditional varietiesvarieties  Adds value to such wild species or traditional varietiesAdds value to such wild species or traditional varieties
  • 9. What is Farmers’ variety?What is Farmers’ variety?  A variety which:A variety which:  Has been traditionally cultivated and evolved by theHas been traditionally cultivated and evolved by the farmers in their fieldsfarmers in their fields  Is a wild relative or land race of a variety about which theIs a wild relative or land race of a variety about which the farmers possess common knowledgefarmers possess common knowledge
  • 10. Application formApplication form  Must contain:Must contain:  Denomination assigned to such variety by the applicantDenomination assigned to such variety by the applicant  An affidavit sworn by the applicant that such variety does notAn affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminatorcontain any gene or gene sequence involving terminator technologytechnology  Passport data of the parental linesPassport data of the parental lines  Geographical locationGeographical location  Description of the varietyDescription of the variety
  • 11. Cont….Cont….  All such other information relating to the contribution of :All such other information relating to the contribution of :  Any farmerAny farmer  Village communityVillage community  InstitutionInstitution  Or organization in breeding, evolving or developing the varietyOr organization in breeding, evolving or developing the variety  Characteristics of:Characteristics of:  NoveltyNovelty  DistinctivenessDistinctiveness  UniformityUniformity  StabilityStability
  • 12. Cont….Cont….  Fees as may be prescribedFees as may be prescribed  Declaration that the genetic material or parental materialDeclaration that the genetic material or parental material acquired for breeding, evolving or developing the variety hasacquired for breeding, evolving or developing the variety has been lawfully acquiredbeen lawfully acquired  The conditions stated above not to apply in respect ofThe conditions stated above not to apply in respect of application for registration of farmers’ varieties.application for registration of farmers’ varieties.
  • 13. What is Extant variety?What is Extant variety?  A variety available in India which is:A variety available in India which is:  Notified under section 5 of Seeds Act, 1966Notified under section 5 of Seeds Act, 1966  Farmers varietyFarmers variety  A variety about which there is common knowledgeA variety about which there is common knowledge  Any other variety which is in public domainAny other variety which is in public domain
  • 14. Period of protectionPeriod of protection  Trees and vines - 18 yearsTrees and vines - 18 years  Renewable after 9 yearsRenewable after 9 years  Other crops - 15 yearsOther crops - 15 years  Renewable after 6 yearsRenewable after 6 years  In the case of extant varieties - 15 years from theIn the case of extant varieties - 15 years from the date of the notificationdate of the notification
  • 15. Breeders’ rightsBreeders’ rights  To produceTo produce  SellSell  MarketMarket  DistributeDistribute  Import and Export of the varietyImport and Export of the variety
  • 16. Researchers’ rightResearchers’ 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
  • 17. Farmers’ rightsFarmers’ rights  to protectto protect  SaveSave  UseUse  SowSow  ResowResow  ExchangeExchange  ShareShare  And sell, except sale under a commercial marketingAnd sell, except sale under a commercial marketing arrangementarrangement  Protection of innocent infringementProtection of innocent infringement
  • 18. Communities rightsCommunities rights  Compensation for the contribution of communitiesCompensation for the contribution of communities in the evolution of new varieties in quantum's to bein the evolution of new varieties in quantum's to be determined by the PPVFR Authoritydetermined by the PPVFR Authority
  • 19. Rights of the breeder of essentiallyRights of the breeder of essentially derived varietiesderived varieties  ProductionProduction  SellingSelling  MarketingMarketing  DistributionDistribution  Export and import of the varietyExport and import of the variety
  • 20. Compulsory licenseCompulsory license  In case of complaints about the availability of theIn case of complaints about the availability of the seeds to public at a reasonable price.seeds to public at a reasonable price.  The license can be granted after the expiry of aThe license can be granted after the expiry of a period of 3 years from the date of issue of certificateperiod of 3 years from the date of issue of certificate to undertake:to undertake:  ProductionProduction  DistributionDistribution  SaleSale  Or other propagating material of the varietyOr other propagating material of the variety
  • 21. Benefit sharingBenefit sharing  Sharing of benefits accruing to a breeder from aSharing of benefits accruing to a breeder from a variety developed from indigenously derived plantvariety developed from indigenously derived plant genetic resources has also been provided [Sectiongenetic resources has also been provided [Section 26(1)].26(1)].  The authority may invite claims of benefit sharing of anyThe authority may invite claims of benefit sharing of any variety registered under the Act, and shall determine thevariety registered under the Act, and shall determine the quantum of such award after ascertaining the extent andquantum of such award after ascertaining the extent and nature of the benefit claim, after providing an opportunitynature of the benefit claim, after providing an opportunity to be heard, to both the plant breeder and the claimerto be heard, to both the plant breeder and the claimer
  • 22. Thank You.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:- vpdalmia@vaishlaw.com Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division

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