3. Objective
To give a general introduction to the concept
of Intellectual Property Rights (IPRs) Plan of
Presentation
Rationale of Protection
Different kinds of IPRs
Definition of Intellectual Property
“Intellectual Property shall include the rights relating to
2
4. – literary, artistic and scientific works,
– performances of performing artists, phonograms, and
broadcasts,
– inventions in all fields of human endeavour
– scientific discoveries
– Industrial designs
– trademarks, service marks and commercial names and
designations
– protection against unfair competition and all other
rights resulting from intellectual activity in the
industrial, scientific, literary or artistic fields.”
(WIPO Convention)
3
5. Rationale: Rewarding individual
Principle of natural justice
Creator has a right to economic reward
Creator has a right to control the use of his
creation
Evolution of society, economy and
technology necessitated a transparent
system
4
6. Basic Principle
Contract between creator and sovereign
state
Protection for revelation
Balance between rights of creator and
public interest
Rights and limitations and exceptions
5
7. Art. 27 of Declaration of Human
Rights
“1. Everyone has the right to participate in
the cultural life of the community, to enjoy
the arts and to share in scientific
advancement and its benefits
“2. Everyone has the right to the protection
of the moral and material interests resulting
6
8. from any scientific, literary or artistic
production of which he is the author.”
Major Intellectual Property
Copyright and Related Rights
Industrial Property
Patents
Industrial Designs
Trademarks
Geographical Indications
Layout Designs/Topographies Integrated Circuits
7
10. IP Laws of India
Act Department
Copyright Act, 1957 Higher Education
Patents Act, 1970 Industrial Policy & Promotion
Design Act, 2000 Industrial Policy & Promotion
Trademarks Act, 1999 Industrial Policy & Promotion
Geographical Indications of Goods (Registration
and Protection) Act(1999)
Industrial Policy & Promotion8
Semi-conductor Integrated Circuits Layout Design
Act, 2000
Information Technology
Protection of Plant Varieties and Farmers’ Rights
Act, 2001
Agriculture and Cooperation
11. Competition Act Corporate Affairs
Biological Diversity Act, 2002 Environment and Forests
What is Copyright?
Copyright is a legal term describing rights
given to creators for their literary and
artistic works
Scope of Copyright
Original Literary, Dramatic, Musical and
10
13. Rights
Two Kinds of Rights
Moral Rights
To protect personality of author
Economic Rights
To bring economic benefits
Moral Rights
Right of Authorship
12
14. Right of Integrity
– Digital Manipulation
– No Right for Display
Inalienable Rights
Economic Rights
Right of Reproduction
– Making copies e.g. an edition of a novel
13
15. – Storage in computer memory
Right of Distribution/Issuing Copies
– Digital Distribution
Right of Communication to the Public
– Public Performance
– Internet Communication
Economic Rights
Adaptation Rights
14
16. – Conversion into another form e.g. literary to
drama
– Abridgement
– Picturizations, comic formats
Right to make a cinematograph film or
sound recording
Translation Rights
Economic Rights
Rental Rights
15
17. – Only for computer programs, cinematograph
films and sound recordings
– Exception: Not applies to a computer program
where program itself is not the essential object
of rental
Resale Rights
Author’s right to claim a share of the
proceeds of each public resale of original
16
18. copies of works of fine art or original
manuscripts within the term of protection
Resale price to exceed Rs. 10,000
Share to be fixed by Copyright Board
Maximum 10%
Ownership of Rights
Literary – author
Drama – Dramatist
17
19. Music – Composer
Artistic work – Artist e.g. Painter, sculptor,
architect
Photograph – Photographer
Author of Computer Program – Person who
causes the work to be created
Cinematograph film – producer
Sound Recording - producer
18
20. Author as Owner of Rights:
Exceptions
In the course of employment – employer
Employment by newspaper, magazine –
employer has publishing right; other rights
with author
Photograph, painting, cinema for valuable
consideration – person who pays money
19
21. Author as Owner of Rights:
Exceptions
Lecture delivered in public – Person
delivering
Government Work – Government
Public Undertaking Work – public
undertaking
20
22. Work of International Organization –
International Organization
Securing Copyright
Formality free protection
Voluntary Registration (S. 44 & 45)
Registration does not as a matter of law
establish that what is registered is in fact
and in law copyrightable subject matter
21
23. Remedies for infringement
Civil suits for injunctions, damages,
accounts
Court of jurisdiction: District Court where
copyright owner resides or does business
Cognizable offence
Seizure without warrant by Sub-Inspector
22
24. Penalties and Punishments
First offence – six months imprisonment and
Rs.50,000/- fine
Second offence – one year imprisonment and
Rs.1,00,000/- fine
Maximum – three years imprisonment and
Rs.2,00,000/- fine
Knowing use of infringing copy of a computer
programme attracts seven days imprisonment and
Rs.50,000/- fine
23
25. What is not Infringement?
Fair dealing for private use, research,
criticism, review, reporting
Judicial proceedings
Work of legislature
During course of instructions and
examination
What is not Infringement?
24
26. Performance in an educational institution
Performance by an amateur club
Making three copies of a book, not
available, for library use
Reproduction of public material
Use in religious or official ceremonies
including marriage processions
25
27. Duration of Copyright
Literary, dramatic, Musical and Artistic Works
published during life time of author: Life + 60
years
All Other Works: 60 years from date of
publication
– Posthumous, Anonymous Works
– Works of Government and Organizations
– Cinema and Sound Recording
– Photograph
26
28. RELATED RIGHTS
Rights granted by law to communicators of
works to the public
– Performers
– Broadcasting Organizations
Performer’s Rights
Recording, broadcasting and
communicating to the public of a live
27
29. performance
Presumption of transfer of performer’s
right to cinematographic film producer
Duration: 50 years
Rights Of Broadcasting
Organisations
Broadcast Reproduction Right
Re-broadcasting, Recording and
28
30. Communicating to the Public of a
Broadcast
Duration: 25 Years
What is a PATENT?
• A patent is an exclusive right granted for an
invention, which is a product or a process
that provides a new way of doing something,
or offers a new technical solution to a
problem
29
31. • The limited monopoly right granted by
the state enables an inventor to prohibit
another person from manufacturing, using or
selling the patented product or from using
the patented process, without permission.
• Period of Patents - 20 Years
WHAT CAN BE PATENTED?
30
32. Inventions in all fields of technology,
whether products or processes, if they
meet the criteria of
Novelty;
Non-obviousness (inventive step);
Industrial application (utility).
Conditions of Patentability
31
33. Novelty: Invention not known to public
prior to claim by inventor
Inventive Step: Invention would not be
obvious to a person with ordinary skill in
the art
Industrial Application: Invention can be
made or used in any useful, practical
activity as distinct from purely intellectual
or aesthetic one
32
34. INVENTIONS– NOT PATENTABLE
An Invention Which is frivolous or
which claims anything obviously
contrary to the well established Natural
Laws e.g.
Machine giving more than 100% performance
Perpetual motion machine
Newton’s laws of gravitation
33
35. INVENTIONS – NOT PATENTABLE
A machine whose primary or intended use or
commercial exploitation of which could be
contrary to Public order or morality or which
causes serious prejudice to human, animal or
plant life or health or to the environment :
Gambling machine
device for house-breaking
Biological warfare material or device
34
36. Terminator gene technology
embryonic stem cell
INVENTIONS – NOT PATENTABLE
Mere Discovery of a Scientific Principle or
Formulation of an Abstract Theory or
discovery of any living thing or non–living
substance occurring in nature
Discovery adds to the human knowledge by disclosing
something ,not seen before, whereas,
35
37. Invention adds to human knowledge by suggesting an
action resulting in a new product or new process
e.g. Archimedes Principle, Superconducting
Phenomenon as such – not patentable , However,
An apparatus /method for technological
INVENTIONS –NOT PATENTABLET
The mere discovery of a new form of a known
substance which does not result in the
enhancement of the known efficacy of that
36
38. substance OR
the mere discovery of any new property or new
use for a known substance OR
of the mere use of a known process, machine
or apparatus, unless such known process
results in a new product or employs at least
one new reactant.
37
39. INVENTIONS – NOT PATENTABLE
A substance obtained by mere admixture resulting
only in the aggregation of the properties of the
components thereof or a process for producing
such substance
For example, Not patentable-
• Paracetamol (Antipyretic) +Brufen (analgesic) = A drug
(antipyretic & analgesic)
• A mixture of sugar and some colorants in water to
produce a soft drink is mere admixture
38
40. But, a mixture resulting into synergistic properties of
mixture of ingredients however, may be patentable
e.g Soap, Detergents,lubricants etc
INVENTIONS – NOT PATENTABLE
Mere arrangement or re-arrangement or
duplication of known devices,each functioning
independently of one another in a known way
example -.
A Bucket fitted with torch,
An Umbrella with fan
39
for
41. A Clock and radio in a single cabinet
A flour-mill provided with sieving
G) Deleted [ Methods of Testing]
Not patentable
Method of Agriculture or Horticulture
• e. g. Cultivation of algae ,
Producing new form of a known plant,
preparation of an improved soil
40
42. However, Agricultural Equipments
are patentable
Any process for medicinal, surgical, curative,
prophylactic, diagnostic, therapeutic or other
treatment of human beings or
a similar treatment of animals to render them free
of disease orto increase their economic value or that
of their products For example:
o Removal of cancer tumor o
Removal of dental plaque and carries,
41
43. o Surgical processes, o Processes
relating to therapy, o Method of
vaccination, o Blood transfusion
However ,
Method performed on tissues or fluids
permanently removed from the body
Surgical,therapeutic or diagnostic Apparatus
or instrument are not excluded from
patentability
Inventions -Not Patentable
42
44. butincluding seeds, varieties and species and
essentially biological process for
production or propagation of plants & animals
j) Plants & animals in whole or any part
thereofotherthanmicro- organisms,
For example,
Clones and new varieties of plants:
- Not patentable
Microorganisms, per se: Not patentable,
A process for production of plants or animals
if it consists entirely of natural phenomena
43
45. such as crossing or selection”- essentially biological
- not patentable
Inventions -Not Patentable
A mathematical method or a business method
or algorithms or
a computer programme per se
These are the outcomes of mental process only
and do not involve industrial process or product
44
46. For example-
Computer program claimed by itself or as a
record on a carrier – not patentable
l) A literary,dramatic, musical or artistic work or
any other aesthetic creation including
cinematographic work and television productions
These subject-matters fall under the copy-right
protection
A mere scheme or rule or method of performing
mental act or method of playing game
45
47. Examples –
Scheme for learning a language , Method for solving a
crossword puzzle, Method of learning a language,
Method of teaching /learning - Not patentable
Novel apparatus for playing game or carrying out
a scheme – patentable
Presentation of information
Examples –
Any manner or method of expressing information
, whether by spoken words,
Visual display, symbols ,diagrams or information
recorded on a carrier
46
48. Topography of integrated circuits.
An invention which, in effect, is the
Traditional Knowledge or an aggregation or
duplication of known properties of
traditionally known component or components
Traditional Knowledge is already in public
domain, and hence, not patentable
However, any value-addition using
Traditional Knowledge leading to a new
process or product ,possessing novelty,
47
49. inventive step and industrial applicability,
can be patentable
Inventions relating to atomic energy falling within
the section 20(1) of the ATOMIC ENERGY ACT, 1962.
48
51. What is an Industrial Design?
An industrial design is the ornamental or
aesthetic aspect of an article which must
appeal to the eye. The design may consist
of three-dimensional features, such as the
shape or surface of an article, or of
twodimensional features, such as patterns,
lines or colour
52. What is a Registrable Design?
‘Design’ means only the features of shape,
configuration, pattern, ornament or
composition of lines or colours applied to
any article whether in two dimensional or
three dimensional or in both forms, by any
industrial process or means, whether
manual,mechanical or chemical, separate
53. or combined, which in the finished article
appeal to and are judged solely by the eye.
57. DESIGNS
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en
. R
te
h
se
ta
im
rta
yo
ge
u
,ro
cr
otm
he
pu
im
te
a
r,ge
and then open the file again . If th e re d x still ap pears
s,
ery
to
itu may have to
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. I f t he re d x still
56
58. Who may apply?
Any person claiming to be the proprietor
– The person for whom the design is executed for
a consideration
– The person who has acquired the design right
– The author
Rights of the Registered Proprietor
59. The proprietor of the registered design
has the exclusive right to apply a design
to any article in the class in which the
design is registered
Period of protection is ten years
extendable by 5 years..
54
60. What is Excluded?
Any mode or principle of construction or
anything which is in substance a mere
mechanical device
Trade mark
Property mark
Artistic work
What is not registrable?
61. A design which is not new or original
A design which has been disclosed to the
public anywhere in the world prior to the
filing
A design which is not significantly
distinguishable from known designs or
combination of known designs
What is not registrable?
62. A design which comprises or contains
scandalous or obscene matter
A design which is contrary to public order
or morality
NOT REGISTRABLE ARTICLES
Calendar, certificates,forms, greeting cards,leaflets,
Maps, building plan,medals
Labels,tokens,stamps
63. Religious symbols
Mere mechanical contrivance
Building and construction or real estate
Flags,emblems,or signs of any country, computer icons Parts
of articles not manufactured and soled separately
Layout designs of integrated circuits Basic shape, variations
commonly used in the trade
Mere workshop alteration
Mere change in size
Any principle or mode of construction of article 58
64. Penalty for piracy
If anyone contravenes the copyright in a designhe
is liable for every offence to pay a sum not
exceeding Rs.25,000/- to the registered proprietor
subject to a maximum of Rs.50,000/- recoverable
as contract debt in respect of any one design.
The suit for infringement, recovery of damage etc;
should not be filed in any court below the court of
District Judge
67. 4711 (Cologne)
What is a trademark?
A trademark is a distinctive sign which
identifies certain goods or services as those
produced or provided by a specific person
or enterprise.
68. TRADE MARK
A name of an enterprise or a Mark capable of
being represented graphically, distinguishing the
goods or services of one person from those of others
e. g., LUX, Godrej,TVS,Telco, 555, APPLE
Trade Mark can be -
o sign , words, letters, numbers, o
drawings, pictures, emblem, o colours
or combination of colours,
o shape of goods,
69. o graphic representation or packaging or
o any combination of the above as
applied to an article or a product.
Kinds of Trademarks
Marks on goods
Service Marks
Certification trademark
Collective Marks
68
70. Well known marks
Trade Names
TRADE MARK
Service Marks include banking, education, finance,
insurance, real estate ,entertainment,repairs, transport,
conveying news and information, advertising etc
Certification Trade marks: Certified by the Proprietor
as having characteristics like geographical origin,
ingredients, quality e.g.AGMARK,WOOLMARK
Certification mark cannot be used as a trade mark.
71. • Certifies that the goods on which it is applied
are made of 100% wool. It is registered in 140
countries and licensed to the companies which
assure that they will comply with the strict
standards set out by the Woolmark company ,
the owner of the mark.
70
72. COLLECTIVE MARK
COLLECTIVE MARK is a Mark that distinguishes the
goods -or services of members of association
from marks of other undertakings
Who owns collective Mark ?
Association of persons
It could be manufacturers, producers, suppliers,
traders or other profession bodies like institute of
chartered accountants, test cricketers association
etc.
71
73. WELLKNOWN MARKS
•Coca Cola for soft drink
•Toblerone (Triangularshaped
chocolates)
Trade Names
•Godrej- Furniture, Refrigerators, Storewell, Compactor etc
72
74. The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
•GE- Bulbs
Logo of some well known brands
Logo of Washing Powder of
Hindustan Lever
Logo of iodised salt of Hindustan
Lever
73
75. Logo of Lipton tea
Forms of TM
Visual: Words, letters, numerals,
devices including drawings and
symbols or 2-D representations of
object or a combination of two or
more of these, colour combinations or
colour
per se, 3-D sign as shape of goods or
74
76. packaging.
Audio: Sounds, Musical Notes
Olfactory: Smells
CRITERIA OF TM
PROTECTABILITY
Distinctive (basic function):
- inherent (e.g.RIN), or
- acquired by usage (e.g. TATA)
75
77. Non-deceptive ( to avoid misleading)
Not contrary to public order, morality
Special Requirements
A mark is registered for specified classes of
goods or services.
What is protected and
what’s not?
76
78. Right to use TM in relation to goods/
services as registered are protected (If TM
consists of several parts, protection is
for TM as a whole)
State Emblems, Official Hallmarks,
Emblems of Intergovernmental
Organizations cannot be used as TM.
77
79. OFFENCES & PENALTIES
For any person, falsely applying TM or Selling or
providing services to which TM or false Trade
Description is applied-
- Imprisonment for 6 months to 3 yrs and fine Rs.
50000 to 2 lakh
For Second or Subsequent convictions,The enhanced
penalty- Imprisonment for
1 year to 3 years and fine Rs 1 lakh to 2 lakh
RELIEF in Infringement and Passing off -
78
80. • Injunction, Damages, Accounts of Profit
• An order for destructing or erasing labels and marks
GEOGRAPHICAL
INDICATIONS
79
82. What is a Geographical
Indication?
Geographical Indication is an indication which
identifies goods as agricultural goods,
natural goods or manufactured goods as
originating, or manufactured in the territory
of country, or a region or locality in that
territory, where a given quality, reputation
or other characteristic of such goods is
83. essentially attributable to its
geographical origin.
In case of manufactured goods one of the
activities of either the production or
processing or preparation of the goods
concerned takes place in such territory,
region or locality, as the case may be
(Section 2[1]{e}).
84. Explanation clarifies that GI need not be a
geographical name
E.g. Alphonso, Basmati
Goods include goods of handicraft or of
industry and also foodstuff.
85. Registration
Provides for registration
Of GIs, Proprietors & Authorized Users
[S.6(1)]
Valid for 10 years; renewable ad nauseum
(S. 18)
Registration prima facie evidence of
validity (S. 23)
86. Who can Register?
Producer
Any association of persons or producers, or
Any Organization/authority established by
or under any law
which represent the interests of the producers
of the concerned goods [S.11(1)]
Producer includes trader
Authorized User [S.17(1)]
87. Rights
Exclusive right to use the Geographical
Indication on the goods
Right to obtain relief for infringement of
the Geographical Indication
88. Working of the Act
Act brought into force on 15 September 2003
GI Registry established at Chennai
152 applications so far
104 products registered
No authorised user registered so far
No foreign product registered so far
One foreign application (Pisco) published
89. Applications for Champagne and Scotch Whisky under process
No appeals against the decisions of the Registrar of GIs so
far.
SOME REGISTERED
GEOGRAPHICAL
INDICATIONS
93. Coorg Orange
Pochamppalli Ikat
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
103. The ima gecanno t be displayed. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have been corrupted. Restart y our computer, and then open the file agai n. If t he re d xstill a ppears, you may have to delete the i mage a nd then
insert it again.
The ima ge cannot be displayed. Yourcomputermay not have e nough mem ory to opent heimage, ort heimage may have b eencorrupted. Restart y our computer, and then open the file agai n.If t he red xstill a ppears, you may have to delete the i mage a nd then inse rt i t again .
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en
. R
te
h
se
ta
im
rta
yo
ge
u
,ro
cr
otm
he
pu
im
te
a
r,ge
and then open the file again . If th e re d x still ap pears
s,
er
yo
t itu may have to
Madhubani Paintings
105. The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o r t he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
118. NAVARA RICE
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en
. R
te
h
se
ta
im
rta
yo
ge
u
,ro
cr
otm
hp
eu
im
te
a
r,ga
end then open the file again . If th e re d x still ap pears
s,
er
yo
t itu may have to
119. PALAKKADAN MATTA RICE
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
121. ALLEPPEY COIR
BRASS BROIDERED COCONUT SHELL
CRAFT OF KERALA
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en
. R
te
h
se
ta
im
rta
yo
ge
u
,ro
cr
otm
he
pu
im
te
a
r,ge
and then open the file again . If th e re d x still ap pear
s
s,
er
yo
t itu may have to
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
122. SCREWPINE CRAFTS OF KERALA
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en
. R
te
h
se
ta
im
rta
yo
ge
u
,ro
cr
otm
he
pu
im
te
a
r,ge
and then open the file again . If th e re d x still ap pear
s
s,
er
yo
t itu may have to
123. MADDALAM OF PALAKAD
The ima ge canno t be dis played. You rcomp ute rmay not have e nough mem ory to op en t he ima ge, o rt he ima ge may have b een co rrup ted. Resta rt y our compu ter, sa
e
n
rd
t itthen open the file agai n. If t he re d x still
ALLEPPEY GREEN CARDAMOM
126. What is Layout Design?
Layout of transistors and other circuit
elements, including lead wires
connecting such elements and
expressed in any manner in a
semiconductor integrated circuit (IC).
Why to protect?
127. IC Layouts are creations of human
mind;
There is lot of investment of time and
money in the creation but copying is
very cheap;
Fertile area with new circuit designs
made every day to cater for
miniaturization and novel applications.
Why special protection?
128. There may not be novelty so cannot be
patented;
Copyright protection does not return
the investments since commercial life
of a design is limited.
Protection is against…
Act of reproducing a layout design fully
or in parts;
129. Importing, selling or distributing
commercially a protected layout design
or IC incorporating it.
But identical design created
independentlyby third party is
not prohibited.
Trade Secret
130. The best kept
secret till date
Trade Secrets
Some inventions, data, information
cannot be protected by any of the
available means of IPRs. Such
information is held confidential as a
trade secret.
131. Trade secret can be an invention, idea,
survey method,manufacturing process,
experiment results, chemical formula,
recipe, financial strategy, client
database etc.
When Trade Secrets are
preferred?
When invention is not patentable;
132. Patent protection is limited to 20 years,
when secret can be kept beyond that
period;
When cost of patent protection are
prohibitive;
When it is difficult to reverse engineer
How to guard Trade Secret?
133. Restricting number of people having access
to secret information
Signing confidentiality agreements with
business partners and employees
Using protective techniques like digital data
security tools and restricting entry into area
where trade secret is worked or held
National legislations provide protection in
form of injunction and damages if secret
information is illegally acquired or used.
135. THE PROTECTION OF PLANT VARITIES
AND FARMERS’ RIGHTS
Registrable varieties and criteria:
New Varieties
Novelty, Distinctiveness, uniformity and stability
Extant varieties
Distinctiveness, uniformity and stability
Persons who can Register
Breeders, farmers, universities, agricultural institutes
Period of protection
15 years for annual crops
136. 18 years for trees and vines
Rights of Breeders
Production
Sale
Marketing
Distribution
Export
Import
137. However, if the breeders’ variety is essentially derived from
a farmers’ variety, the breeder cannot give any authorisation
without the consent of the farmers or communities from
whose varieties the protected variety is derived.
Farmers’ Rights
To save, use, sow, re-sow, exchange, share or sell his farm
produce including seed in the same manner as he was
entitled earlier (Seeds for sale should not be branded)
To full disclosure of the expected performance of the Seeds
or planting material by the plant breeder. Where these fail
138. to perform in the manner claimed by the breeder, the
farmer may claim compensation from the plant breeder.
Researchers’ Rights
• Free and complete access to protected
materials for research use in developing
new varieties of plants. However,
authorisation of the breeder is required
“whose repeated use of such variety as
parental line is necessary for
commercial production of such other
newly developed variety”.
139. Benefit Sharing
For a variety registered, NGOs or individuals can claim a
share of benefits that may arise from its commercialisation
on behalf of any village or local community;
Any individual or NGO can make a claim on behalf of a
village or local community for the contribution that they
had made in the evolution of any variety registered under
the Act.
Amount of Compensation as determined by the Plant
Variety and Farmers’ Rights Authority should be deposited
by the breeder in the National Gene Fund.