2. • India is the leading producer of many
plantation crops viz. tea, coffee, areca
nut, coconut, cashew, rubber, cocoa, oil
palm and palmyrah in the world
• Apart from domestic consumption and
processing into various products,
substantial quantities are exported and
bringing much-needed foreign trade for
the country
3. • The country has abundant sunshine
throughout year, a surplus labour and
widely varied agro-climatic condition,
which offers high potential for successful
and profitable commercial horticulture
• It has been observed that there is no
significant up scaling in the traditional
knowledge of existing technologies applied
in the horticulture
• So, there is not only need of intellect
investment in this field but also
encouragement of the invested intellect
and the protection of the developed
property are required
4. • During the evolution of the agriculture,
India was the place where many
experiments like selection, cross breeding
and propagation of desirable traits of
desirable species were performed
• As a result, India became the land of
diversified horticultural crops
• These crops are the wealth of the country
• India is classified among the 12 mega-
diversity centres of the world, in relation to
crops
• As many as 167 species of crops, 320
species of wild crop relatives, and several
species of domesticated animals, have
originated here
5. • Horticulture sector is playing an important
role as the key to initiate the revolution in
national and international commerce
• Still the sector needs development and up-
gradation in the issue of applied research
• Diversification in the climate and crop is
giving lead to the country to become the
market leader
• It is also ensuring the economy growth and
creating employment opportunities and
also upliftment of the small and marginal
farmers
6. • Horticulture sector is growing as an
organized sector
• There is a strong need to strengthen the
research on horticultural crops as well
as protection of intellectual property
• Without the protection of intellectual
property no industry would invest in this
sector
7. • IPRs can also bring the food and
nutritional security and use of evolved
agricultural practices
• It may be helpful in maintaining the
biological diversity and ecological
balance and the livelihood of the poor
within the country
• Thus, a better understanding of
intellectual property by research
scientists is needed to increase the pace
of research for technological
development in horticulture
8. IPR
• In India, concern for the protection of
intellectual properties took place way back
in 1911 through the Indian Design Act
• Since then laws (Indian Patent Act, 1970
and its amendments) were enacted for the
protection of various intellectual properties
• However, the subject matter of intellectual
property did not receive attention in
agricultural sector, although scientists and
farmers have been developing new plant
varieties for almost the entire part of our
agricultural history
9. • World over, the development of new
crop varieties on a scientific basis
began only in the last 50 years,
following the establishment of the
science of Genetics
• The entry of genetics into plant breeding
resulted in major advances culminating
in the development of high yielding
hybrids and varieties
• Indian agriculture witnessed the arrival
of hybrids and high yielding crop
varieties in the 1960s, during the Green
Revolution
10. • New varieties offered farmers a far higher
yield and profit than traditional varieties
• Naturally, the seeds of these varieties were
in high demand
• Seed saving and sharing by farmers met
most of the demand, while the public and
private seed supply systems met the rest
• There was no demand for ownership on
plant varieties during the days of the
Green Revolution, when the seeds of many
high yielding varieties created by
scientists were in high demand
11. • For agricultural sector, it was a kind of
anathema, mainly because the Indian
Patent Act 1970 clearly prohibited
patenting of methods of agriculture and
horticulture
• However, intellectual property
protection has received enormous
attention since 1986 when it was
included in the Uruguay Round of Talks
and particularly when Dunkel’s
Proposal relating to GATT (General
Agreement on Tariff and Trade) was
published in 1991
12. • Attention got focused when the Uruguay
Round of the GATT Agreement was
reached in 1994 and World Trade
Organization was created in 1995
• The concern for the protection of
intellectual property rights was not
limited at the WTO only
13. • Food and Agriculture Organization,
Convention on Biological Diversity (CBD)
and International Union for the Protection
of New Plant Varieties (UPOV) were also
seized with the issues of intellectual
property protection associated with
biological resources
• These international concerns paved the
way for raising a systematic concern for
the protection of intellectual properties in
agricultural sector in India
14. Types
• Eight types of IPRs have been
discussed in the TRIPs (Trade Related
Intellectual property Rights) agreement
These are:
• Copyrights
• Trademarks
• Geographical Indications
• Designs
15. • Patents
• Layout Designs of Integrated Circuits
• Protection of Undisclosed information or
trade secret and
• Protection of Plant Varieties or Sui
Generis system
• Of these systems, five IPR systems are
more related to agriculture/horticulture
16. IPR related to Horticulture
• IP protection in horticulture can take the
form of Patents, Plant Variety Protection
and Farmers Right, Trade Marks,
Geographical Indications and Copyrights
• Each of these different types of statutory
IP protection protects a different type of
intellectual property and grants different
rights to the owner
• By using statutory IP protection
strategically organizations can make the
most of their own IP assets
17. Patents
• Patent is an exclusive monopoly right
granted by the Government for a new
invention to an inventor for his/her
disclosed invention for a limited period of
time
• This exclusive monopoly right is valid only
within the territorial limits of a country of
grant
• Exclusivity of right implies that no one else
can make, use, manufacture or market the
invention without the consent of the patent
holder
• This right is available only for a limited
period of time
18. • Patent regime in India does not offer very
good chances to the horticulture sector
• Generally, horticulture development fails
to fulfill any of the criteria essential to
get patent i.e. novelty, non-obviousness
and commercial application
• But, there is significant increase in the
patent from this sector
• Now novel ideas and their
implementation are attracting many of
the domestic and foreign companies to
invest in this sector
19. Plant Variety Protection and Farmers
Right (PVPFR)
• To provide for the establishment of an
effective system for the protection of plant
varieties, the rights of farmers and plant
breeders
• To encourage the development of new
varieties of plants it has been considered
necessary to recognize
• To protect the rights of the farmers in
respect their contributions made at any
time in conserving, improving and making
available plant genetic resources for the
development of new plant varieties
20. • The Government of India enacted “The
Protection of Plant Varieties and
Farmers’ Rights (PPV &FR) Act, 2001”
adopting sui generis system
• Indian legislation is not only in
conformity with International Union for
the Protection of New Varieties of Plants
(UPOV), 1978, but also have sufficient
provisions to protect the interests of
public sector breeding institutions and
the farmers
21. Objectives
• To establish an effective system for the
protection of plant varieties, the rights of
farmers and plant breeders and to
encourage the development of new
varieties of plants
• To recognize and protect the rights of
farmers in respect of their contributions
made at any time in conserving,
improving and making available plant
genetic resources for the development
of new plant varieties
22. • To accelerate agricultural development
in the country, protect plant breeders’
rights; stimulate investment for research
and development both in public &
private sector for the development new
of plant varieties
• Facilitate the growth of seed industry in
the country which will ensure the
availability of high quality seeds and
planting material to the farmers
23. • Development of a new plant cultivar or
variety, either by "traditional" breeding
methods or by "modern" molecular
modification, requires a lot of time and
effort
• To recover the costs of this research and
development, the breeder may seek to
obtain exclusive marketing rights for the
new variety
• The method chosen depends on the
specific benefits and limitations of the
protection, and the costs involved
• Plant variety protection is a good choice
for many breeders
24. Trademarks
• It is a sign that individualizes the goods of
given enterprise and distinguishes them
from the goods of its competitors
• Trade Mark Registrations are carried out
under the Trade Marks Act, 1999
• A ‘Mark` may consist of a word or invented
word, signature, device, letter, numeral,
brand, heading, label, name written in a
particular style, the shape of goods other
than those for which a mark is proposed to
be used, or any combination thereof or a
combination of colors and so forth
25. • Subject to certain conditions, a
trademark may also be symbolized by
the name of a person, living or dead
• For the purpose of registration, a mark
chosen should be capable of
distinguishing goods or services of one
person from those of the others
26. • Further it should not be deceptively
similar to an existing mark of another
person and not the one expressly
prohibited under the Act
• The marks devoid of any distinctive
character, or which are only indicative of
the kind, quality, quantity, purpose, value
or geographical origin of the goods, or
which are marks already in vogue in the
trade due to their customary use may
not be registered
36. Coffee in India is grown under a canopy
of thick natural shade in ecologically
sensitive regions of the Western and
Eastern Ghats
This is one of the 25 biodiversity
hotspots of the world
Coffee contributes significantly to
sustain the unique bio-diversity of the
region
It is also responsible for the socio-
economic development in the remote,
hilly areas
52. Geographical Indications (GI)
• Geographical Indications of Goods are
defined as that aspect of industrial
property which refers to the geographical
indication referring to a country or to a
place situated therein as being the country
or place of origin of that product
• Typically, such a name conveys an
assurance of quality and distinctiveness
which is essentially attributable to the fact
of its origin in that defined geographical
locality, region or country
53. • Under Articles 1 (2) and 10 of the Paris
Convention for the Protection of Industrial
Property, geographical indications are
covered as an element of IPRs
• They are also covered under Articles 22 to
24 of the Trade Related Aspects of
Intellectual Property Rights (TRIPS)
Agreement
• The Geographical Indications of Goods
(Registration & Protection) Act, 1999 has
come into force with effect from 15th
September 2003
54. • Geographical indication is also giving a
new dimension by providing incentive
on international level
• Darjling tea, Assam tea, Nilgiri tea,
Dashehri and Alphanso Mangoes, Coorg
coffee, Basmati Rice, Bengal Cotton,
Kerala Nendran Bananas, Cardamom
from Kerala, Nagpur Oranges etc. are
some of the examples
• These bring laurels to the country on
one hand and uplifting the livelihood of
the native of that area
55. Geographical
indications
Goods
(As per Sec 2(f) of GI
Act(1999)
State
Darjeeling Tea (word &
logo)
Agricultural West Bengal
Kangra Tea Agricultural Himachal Pradesh
Monsooned Malabar
Arabica Coffee
Agricultural Karnataka
Monsooned Malabar
Robusta Coffee
Agricultural Karnataka
Eathamozhy Tall
Coconut
Agricultural Tamil Nadu
Nilgiri (Orthodox) Logo Agricultural Tamil Nadu
Assam (Orthodox) Logo Agricultural Assam
61. • Copyright comes into existence as soon
as a work is created and no formality is
required to be completed for acquiring
copyright
• However, facilities exist for having the
work registered in the Register of
Copyrights maintained in the Copyright
Office of the Department of Education
• The entries made in the Register of
Copyrights serve as prima-facie
evidence in the court of law
62. • The Copyright Act, 1957 came into
effect from January 1958
• This Act has been amended five times
since then, i.e., in 1983, 1984, 1992, 1994
and 1999, with the amendment of 1994
being the most substantial
63. • Much progress has been made for the
advancement of horticulture sector
• Rising investments have resulted in
increased production and availability of
horticultural produce in the rural and
urban areas
• Many schemes and policies have been
introduced, from time to time, for
upliftment and commercialization of the
sector
64. • Large number of investors are taking
advantage of the existing potentials in
the sector, as well as trying to explore
the untapped potentials
• There is a need to aware the researchers
and associates regarding influence of
the IPR
• Government has introduced many
facilitating centers at national and state
level
• The need is to take advantage of these
centers for the economic prosperity of
the nation
