Successfully reported this slideshow.

Plant Breeders' Rights

47

Share

Loading in …3
×
1 of 19
1 of 19

More Related Content

Related Books

Free with a 14 day trial from Scribd

See all

Related Audiobooks

Free with a 14 day trial from Scribd

See all

Plant Breeders' Rights

  1. 1. University of Agricultural and Horticultural Sciences Shivamogga. Name of the Student : Sachin N Helavar Degree Programme : Jnr. MSc.(Hort.)
  2. 2. Plant Breeders’ Rights
  3. 3. What are breeders’ rights?  The Plant breeders' Rights programme was first established in 1987 under the Plant Variety Rights Act (PVR), which was succeeded by the current Plant breeders' Rights Act 1994.  Plant breeders' Rights are also known as Plant Variety Rights (PVR), are intellectual property rights granted to the breeder of a new variety of plant.  Plant breeders' Rights are granted to novel plant varieties that are distinctive, uniform, and stable (e.g., cultivar breed true-to-type for desired traits.
  4. 4. Plant breeders' Rights – what is it?  Exclusive commercial rights for a registered variety of plant.  Intellectual property (IP) such as patents, trademarks and designs.  Protects plant breeders and gives them a commercial monopoly for a period of time (EU 25-30 years/PT 15-20 years)
  5. 5. Plant breeders' Rights – why?  Allow the breeders' to have a return of the investment.  Protect the breeders' work.  Stimulate development of new varieties.
  6. 6. Plant breeders' Rights – when does it apply?  (Re)Production (multiplication)  Limit/control the propagation by others  Offering for sale  Selling (or other marketing)  Exporting from the Community  Importing to the Community  Stocking for any of the purposes mentioned
  7. 7. Plant breeders' Rights – when doesn’t it apply?  When the purposes are: a) private and non-commercial application. b) only for experimental use. c) for breeding.  Discovering and developing other varieties.
  8. 8. Plant breeders' Rights – requirements  New (commercial novelty)  Distinct (clearly different)  Uniform (homogeneous)  Stable (unchanged) Uniformity Stability Propagation
  9. 9. Rights protected--Plant breeders' Rights  Rights for commercial seed production.  Rights for marketing.  Rights to export and import.  Rights of authorization.  Rights to prevent infringement. Unauthorized production and marketing of a registered variety by other person amounts to infringement.
  10. 10. Features of Plant breeders' Rights  Registration  Duration  Validity  Matters covered  Requirements  Transfer  Control  Enforcements
  11. 11. Advantages of Plant breeders' Rights  Protecting the breeders' work.  breeders' get benefit of their variety.  PBR help in faster development of seed industry.  PBR lead to improvement in quality because of competition.  PBR help in enrichment of genetic resources
  12. 12. Disadvantages of Plant breeders' Rights  It will promote monopoly.  It may lead to increase in prices.  There will be reduction in genetic variability.  There will be compulsion to purchase fresh seed every year.
  13. 13. Plant variety protection  Plant variety protection provides legal protection of a plant Variety to a breeder in the form of plant breeders' rights.  The effect of PBR is that prior authorization is required before the material can be used for commercial purposes.
  14. 14. International Union for the Protection of New Varieties of Plants (UPOV) • Intergovernmental organization based in Geneva, Switzerland; • The mission of UPOV is to provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants, for the benefit of society.
  15. 15. Exemptions of Plant breeders' Rights  Breeders’ exemptions / breeders' privilege : The legal rights provided to plant breeders to use protected material for further research refer to breeders' exemptions. The UPOV act 1978 provides breeders' exemptions. However act 1991 has curtailed these exemptions.  Farmers’ exemptions / farmers’ rights : The legal rights that are provided to farmers to save, use, exchange, share or sell his farm produce of a protected variety are farmers exemptions. The UPOV act 1978 provides breeders' exemptions. However act 1991 has curtailed these exemptions because UPOV is not accepted by many countries.
  16. 16. Similarities between Plant breeders' Rights and Farmer’s Rights SN Particulars Plant breeders' Rights Farmer’s Rights 1. Registration Essentials Essentials 2. Duration Trees and vines Extant varieties etc. 18 years 15years 18 years 15years 3. Enforcements After Registration After Registration 4. Requirements Novelty, Distinctiveness, Uniformity & Stability. Same as in PBR 5. Validity In country of registration In country of registration
  17. 17. Plant Breeders’ Rights Fast Facts Can farmers save seed? It is not spelled out in the legislation, but it is not prohibited. Can farmers clean grain from PBR-protected varieties for use as seed on their farm? yes Can farmers sell or advertise for sale seed they have produced from grain of PBR-protected varieties? no Can farmers exchange seed they have produced from grain of PBR-protected varieties? no
  18. 18. Conclusion Intellectual Property Rights (IPRs) have assumed central importance throughout the world in the recent past. Intellectual property is the creative work of the human mind. The main motivation for its protection is to encourage creative activities. The contribution of intellectual property to industrial and economic development of a country cannot be exaggerated.

Editor's Notes

  • Duration for trees and vines 9 to 18 yrs
    Extant varieties 6 to 15
    Validity nly valid in the country where it is registered.
    Matters all the botanical genera and sp. They should have intertn code of nomenclature
    Transfer right to authorize other interested person for commercial production
    Control right to prevent other from commercial production n marketing
    Enforcements pbr come into force soon after registartn
  • ×