Plant variety protection provides exclusive rights to breeders who develop new plant varieties. The Plant Variety Protection and Farmers Rights Act of 2001 established a system in India that recognizes the rights of both commercial breeders and farmers. It aims to encourage the development of new plant varieties and facilitate agricultural development by stimulating investment in plant breeding. Eligible varieties include new varieties, existing varieties, farmers' varieties, and essentially derived varieties. The act provides certain rights and exemptions to breeders and farmers.
2. What is plant variety protection and what purpose does
plant variety protection serve ??
Plant variety protection provides legal protection
of a plant variety to a breeder in the form of plant
Breeder Right’s
Plant Breeder Right’s are intellectual property
right’s that provides exclusive rights to a breeder of
the registered variety.
3. The Plant Variety Protection and
Farmers Rights Act 2001
• A sui generis system, is an attempt by the Indian
Government to recognize and protect the rights of
both commercial plant breeders and farmers in
respect of their contribution made in conserving,
improving and making available plant genetic
resources for development of new plant varieties
and to encourage the development of new plants
varieties.
• Protection of the plant varieties under the Act
accelerates agricultural development and stimulates
investment for research and development for the
development of new plant varieties which in turn
facilities the growth of the seed industry and
ensures the availability of high quality seeds and
plant in material to the farmers.
4. WHY PROTECTION FOR PLANTS IS REQUIRED IN
INDIA
• The Agreement on TRIPS requires WTO
members to introduce an “effective system” for
the protection of plant varieties. Article 27 (3)
of the TRIPS agreement reads
• Member countries may exclude
Plants and animals other than micro-
organisms and essentially biological processes
for the production of plants and animals other
than non-biological and microbiological
processes. However, Members shall provide
for the protection of plant varieties either by
Patents or by an effective sui generis system or
by any combination thereof.
5. WHAT IS A PLANT VARIETY
A variety is a plant grouping within a single botanical taxon,
defined by the expression of the Characteristics resulting from
a given genotype or combination of genotypes.
The variety should be distinguished from other plant grouping by
expression and should be considered as a unit with regard to its
suitability for being propagated unchanged.
6. WHAT ARE THE REGISTRABLE PLANT VARIETIES IN
INDIA
Four types of plant varieties can be registered
under the Act
a. New Varieties: A Variety which is not in
public domain in India earlier than one year
before the date of filing or outside India, in the
case of trees or vines earlier than six years or in
any other case earlier than four years.
b. Extant Variety: A Variety which is notified
under Seed Act, 1966 or a variety about which
there is common knowledge or a farmer’s
variety or any other variety which is in public
domain is considered as an Extant Variety.
7. CONTD…
c. Farmer’s Variety: A Variety which has been
traditionally cultivated and evolved by the farmers in their
fields or a variety which is a wild relative or land race of a
variety about which farmers possess common knowledge.
• d. Essentially Derived Variety (EDV): An “essentially
derived variety” shall be said to be essentially derived from
such initial variety when it is predominantly derived from
such initial variety or from a variety that itself is
predominantly derived from such initial variety while
retaining the expression of the essential characteristics that
result from the genotype or combination of genotype of
such initial variety and it is clearly distinguishable from
such initial variety. An EDV conforms to such initial
variety that results from the genotype or combination of
genotype of such initial variety.
8. WHAT ARE NON-REGISTERABLE PLANT
VARIETIES IN INDIA
All plant varieties cannot get legal
protection in India. Certain Plant varieties
are excluded from the protection under
PPVFR Act 2001.
• . Varieties on exploitation are harmful to
ecosystem (Human, Animals, Plants &
Environment)
• Genetic use restriction technology
(GURT) & Terminator technology
• Genus/ species not notified in official
gazette at the time of filling application
9. WHAT ARE THE CRITERIA FOR PROTECTING A
PLANT VARIETY
To be eligible for protection, the plant variety
must be:
• Distinct: A variety should be clearly
distinguishable by at least one essential
characteristic from existing or commonly
known varieties in any country at the time of
filing of the application.
• Uniform: A Variety must be sufficiently
uniform in its essential characteristics.
• Stable: Essential characteristics of a variety
must be stable after repeated propagation or in
the case of a particular cycle of propagation at
the end of each cycle.
10. WHAT IS THE DURATION OF PROTECTION FOR A
REGISTERED PLANT VARIETY
Trees and Vines: 18 Years
Other crops: 15 Years.
Extant Varieties: 15 Years from the date of notification of that
variety by the Central Government under Seed Act, 1966.
11. WHO CAN APPLY FOR THE REGISTRATION OF A
PLANT VARIETY
Any person claiming to be the breeder of the variety; or any
successor of the breeder of the variety or any person being the
Assignee or the breeder of the variety in respect of the right to
make such application or any farmer or group of farmers or
community of farmers claiming to the breeder of the variety or
any person authorised to make application on behalf of farmers
or university or publicly funded agricultural institution
claiming to the breeder of the variety.
12. WHERE TO FILE THE APPLICATION FOR THE
REGISTRATION OF A PLANT VARIETY
• For the purposes of Protection of Plant
Varieites and Framers Right Act, 2001
Protection of Plant Varieties and Farmers
Right Authority was established in October
2005 and its Head Quarters is located at
NASC Complex, DPS Marg, Opp-Todapur,
New Delhi – 110 012.
• Any information regarding protection,
application, fee structure etc can be
obtained from the office or at
http://www.Plantauthority.gov.in/
13. IS THERE ANY NEED TO DEPOSIT SEED OR
PROPAGATING MATERIAL BEFORE REGISTRATION
Yes, the deposition of seeds is necessary
for DUS test conducted by PPV & FR
authority. The applicant needs to deposit
the fixed amount of seed or propagating
material with prescribed germination
percentage, physical purity and phyto-
sanitary standards along with the seed
quality test report to the authority.
14. WHAT ARE THE EXEMPTIONS PROVIDED
UNDER THE ACT
• Farmers Exemption: Farmer shall be
entitled to produce, save, use, sow, re-sow,
exchange, share or sell his farm produce
including seed of a variety protected under
this Act.
• Researchers Exemption: Researchers are
allowed to (i) use the registered variety for
conducting experiment (ii) use the variety
as an initial source of variety for the
purpose of creating other varieties.
15. WHAT PLANTS ARE COVERED UNDER THE
PPVFR ACT, 2001
• As of now following 18 plant species can be registered
under the Act.
• Cereals: Rice, Wheat, Maize, Sorghum, Pearl Millet.
• Legumes: Chickpea, Mungbean, Urdhean, Field Pea,
Rajmash, Lentil, Pigeaon Pea.
• Fibre Crop:
Four species of cotton namely Gossypium Arboreum
L. and G. Herbaceum L. (Diploid Cotton) and G.
Barbadense L. and G. Hirsutum L. (Tertaploid Cotton)
Two species of Jute (Corchorus Olitorius L. and C.
Capsularis L.)
16. WHAT ARE THE RIGHTS ENJOYED BY
THE OWNER OF VARIETY/BREEDER’S
RIGHTS
The owner of the protected variety has the
following rights
a. To produce
b. To Sell
c. To market
d. To distribute
e. To import and
f. To export the variety.
17. PROCEDURE FOR FILING
Eligible person to file application at Plant
Variety Registry.
Registrar to examine and on satisfaction
accept application.
Advertise the application for Public
opinion.
Register in case no opposition.
Register the Variety and open for public for
validation.
18. What comprises a plant variety protection Application
Form?
1. Form I - for registration of new variety,
extant variety and farmer’s variety and
2. Form II - for essentially derived varieties
(EDVs) and transgenic varieties.
3. Technical Questionnaire attached with
Form I and Form II – for detailed information
of the concerned variety.
These filled application forms must be
accompanied by the fee prescribed by the
Authority.
19. cost of registering a plant variety
Particulars Rupees
1 form charges 200
2 DUS test fee 20,000
3 Annual fee 2000
Others
4 Registration Charges 5000
5 DUS Testsite visit charges 500
20. Why Protection for plants is
required in India?
Compliance with TRIPS
Some form of IPR protection is necessary
for plants
Can be in the form of patent protection; or
By a sui generis system; or
By a combination of both
21. Infringement (Sec. 64)
Any one of the following done by a person
other than the owner or without his
authorisation / license
Sells, exports, imports or exports a registered
variety
Sells, exports, imports or exports a variety
deceptively similar to the registered variety
22. what is the current status of the applications for
registration under ppvfr act
A total around 1200 applications for
registration have been received by the
authority that includes
284 -new applications for new varieties,
900- applications for extant varieties &
9- applications for farmer’s variety
23. Acts not considered to be infringement
Researcher Rights (Sec 30) :
Use of variety for research and experimental
purposes allowed
Use of variety as an initial variety for the creation
of a new variety allowed
Repeated use of the variety for commercial
production of a new variety is not allowed
without the authorization of the breeder of the
registered variety.
24. Duty of the Breeder of a Protected
Variety
Shall in all circumstances provide
correctly the expected
yield/performance under a given set of
conditions
Shall ensure that the denomination of
the protected variety conforms with the
description of the protected variety
25. Duty of the Breeder of a Protected
Variety
Shall in all circumstances provide
correctly the expected
yield/performance under a given set
of conditions
Shall ensure that the denomination of
the protected variety conforms with
the description of the protected
variety
26. Who is a Farmer ?
A farmer is defined in the PPVFRA as :
Section 2(k) "farmer" means any person who--
i. cultivates crops by cultivating the land himself; or
ii. cultivates crops by directly supervising the cultivation of
land through any other person; or
iii. conserves and preserves, severally or jointly'. with any
person any wild species or traditional varieties, or adds
value to such wild species or traditional varieties through
selection and identification of their useful properties
27. Farmers’ Rights (Sec 39)
Has the same privilege with respect to a breeder of a variety
A farmers’ variety shall be entitled for registration if a declaration has
been made that the initial variety has been lawfully obtained
Can save, use, sow, resow, exchange, share or sell his farm produce
including seed of a protected variety
The farmer as such cannot sell branded seeds of a protected variety
A farmer can claim damages if the seed of the protected variety does
not give the yield as stated by the breeder.
28. Protection Against Unintentional Use
(Sec 42)
The act provides farmers against the
unintentional and accidental use of the
protected variety
No infringement if the farmer was unaware of the
existence of the rights
A relief granted as damages for infringement shall
not be granted if the farmer proves before court that
at that time he was unaware of the existence of such
right
29. Farmers Are Exempted From Fees
(Sec. 44)
Farmer or a group of farmers not liable to pay
Fees in any proceedings
Including any fees payable for inspection
For obtaining any copy of a document or a copy of a
decision
30. A Compulsory Licensing System
Section 47
If seeds of a protected variety are not
available after 3 yrs of registration
in adequate quantity, and
at reasonable price,
the Authority may grant license to a third
party to (a) undertake production, and
(b) distribution and sale of the seed on
reasonable royalty
31. Objectives of Plant Variety Protection
1. To establish an effective or Sui generis system for protection
of plant variety for the International recognition of the
National Plant Variety Protection System.
2. Safeguards the interest of plant breeders
3. To recognize and protect farmers’ right for their contribution
in conserving, improving and making available plant genetic
resources for development of new plant varieties
4. Encouragement of investment in Plant Breeding
9/22/2014 31
32. General functions of the Authority
Registration of new plant varieties, EDV and extant varieties
Developing DUS test guidelines for new plant species
Developing characterization and documentation of registered
varieties
Cataloging facilities for all variety of plants particularly tribal and
rural community
Maintenance of the National Register of Plant Varieties
Maintenance of National Gene Fund
9/22/2014 32
33. Registerable plant varieties in India
• A variety which is not in public domain in India
earlier than on year before the date of filing or
outside India, in the case of trees or vines earlier
than six years or in any other case earlier than four
years.
New Varieties
• A variety which is notified under Seed Act, 1966 or
a variety about which there is common knowledge
or farmer’s variety or any other variety which is in
public domain
Extant Variety
• A Variety which has been traditionally cultivated and
evolved by the farmers in their fields or a variety which is
a wild relative or land race of a variety about which
farmers possess common knowledge
Farmer’s
Variety
• Predominantly derived from such initial variety, or from a
variety that itself is predominantly derived from such initial
variety, while retaining the expression of the essential
characteristics that result from the genotype or combination
of genotypes of such initial variety
Essentially
Derived
Varieties
(EDV)
9/22/2014 33
34. Non-Registrable plant varieties in
India
Varieties on exploitation are harmful to ecosystem (human,
animal, plants & environment)
Genetic use restriction technology (GURT) or terminator
technology.
Genus or species not notified in official gazette at the time
of filing application
Not capable of identifying such variety
9/22/2014 34
35. Streams Merged to the Act
The three streams that merge to the PPV & FR Act,
2001.
Breeder’s
Rights
Researcher'
s Rights
Farmer’s
Rights
9/22/2014 35
36. Farmer’s Rights
Entitled
to:
• Save, use,
sow resow,
exchange
or sell his
farm
produce
Compensa
tion for:
• Failure of
expected
performance
of registered
variety
Protection
Against:
• Innocent
infringeme
nt
Exemption
from:
• Payment of
DUS testing
fee
9/22/2014 36
37. Breeder’s Rights
Rights to:
a) Produce
b) Sell, market, distribute
c)Import or export seeds of the protected variety
Breeders authorization for production or commercial
exploitation of protected variety
Penalties for infringement of Breeder’s right
9/22/2014 37
38. Researcher’s
Rights
Use of registered variety for conducting research
Use of variety as an initial source of variety for purpose
of creating other varieties provided that the authorization
of the breeder of a registered variety is required
9/22/2014 38
39. Guidelines for submission of
application
Every application shall be filed in the office of registrar
& must be signed by applicant or their representative.
Every application must have the name of applicant,
their address & nationality as well as address of service
of their agent.
A person can file up to maximum of three application
per day.
Application will be received on “first come first serve
basis”.
9/22/2014 39
40. 9/22/2014 40
On successful submission of application the applicant
will receive an acknowledgement slip.
After submission of application it will be processed
according to provision of rule 29 of PPVFR rules.
After depositing stipulated DUS tests fee office shall
issue receipt no. which shall be used for all future
references.
41. Who can apply for the Registration of a Plant Variety?
Persons claiming to be the breeder of the variety of his
successor of assignee
A farmer or a group of farmers claiming to be the breeder of
the variety
Any person authorized by any of the persons specified above
to make application on their behalf
Any university of publicly funded agricultural institution
claiming to be the breeder of the variety
9/22/2014 41
42. Procedure for Registration
Advertisement of application in Gazette of India
Acceptance after validation of information
Receipt or acknowledgement
Initial scrutiny
Submission of application form + technical
questionnaire to authority
9/22/2014 42
43. Registrar shall hear both the parties
Registrar refer a copy of counter statement to
opposition and requiring submission of final
opposition
Counter statement by applicant within 2 months
A copy of opposition notice referred by register to
applicant
Opposition notice with prescribed fee within 3
months
Invitations of objections within 3 months
9/22/2014 43
44. Publication of contents of certificate and
invites claims of benefit sharing
Issue of certification of registration
Found distinct, uniform, stable and new
Conduct DUS test (2 years at 2 location)
After considering evidences, Registrar may
uphold or reject opposition
9/22/2014 44
45. If claims are found to be genuine, breeder has to
deposit amount of benefit sharing
Evidences given by both parties duly considered by
the authority while disposing of any claim for
benefit sharing
Breeder may submit his notice of opposition to
claim within 3 months
On receiving claims authority send a copy of claims
to breeder of registered variety
9/22/2014 45
46. Period of Protection
9/22/2014 46
Type Initial (Years) Extendable
(Years)
Total
(Years)
Field Crops (New) 6 9 15
Trees and Vines
(New)
9 9 18
Extant Variety
(Notified)
15 Years from the date of notification
47. Benefits of Plant Variety Protection
Protection of Breeder’s Rights
By granting Certificates of
Registration
By granting exclusive rights to
produce, sale, market,
distribute, import or export the
seeds of Protected Variety
9/22/2014 47
48. Protection of Researcher’s
Rights
Can use any protected Variety
for experimental purpose
Can use it as an initial source
to develop other varieties
Benefits of Plant Variety
Protection
9/22/2014 48
49. Protection of Farmer’s Rights
Rights to use seed of protected
variety for sowing, resowing,
exchange and sale of its
produce except in brand name
Right to register Traditional
Varieties as breeder
Right to get Rewards and
Recognition from Gene Fund.
9/22/2014 49
50. Considerations for effective
implementation of the Act
1. Notification of crops species
The criteria for selecting the crops could be the crops on
which we are dependent for food and nutritional security,
including major cereals, pulses, oilseeds, vegetables and
fruit crops
Crop species important for India in the world trade,
species of Indian origin (Why)
9/22/2014 50
51. 2. Awareness generation
Awareness among scientists, policy makers and
breeders as well as farmers, village communities
and the private seed sector
Awareness generation and information
empowerment is a must through vernacular press,
radio, television and the Internet
In order to ensure that the farmer as a breeder and
conserver secures the recognition and reward
provided under the Act
9/22/2014 51
52. 3. Institutional structure for effective
implementation
a. The registration of extant and new plant varieties
subject to such terms and conditions and in the
manner as may be prescribed
b. Developing characterization and documentation of
varieties registered under this Act
c. Documentation, indexing and cataloguing of farmers
varieties
d. Compulsory cataloguing facilities for all varieties of
plants
9/22/2014 52
53. (e) Seeds of variety registered under the Act should
be made available to the farmers
(f) Collecting statistics with regard to plant varieties
including the contribution of any person at any time
in the evolution of development of any plant variety
(g) Ensuring the maintenance of the Register of
plant varieties
9/22/2014 53
54. 4. Storage of reference samples
Important component of this act
Requires enough and appropriate storage
infrastructure
Storage of vegetatively propagated materials
requires specialized techniques and competence
Scientific personnel need to be trained accordingly
and specific centers would have to be identified
and equipped for this purpose
9/22/2014 54
55. 5. National Gene Fund
Credited there of:
The benefit sharing from the breeder
The annual fee payable to the authority by way of royalties
By the compensation provided to the communities as defined under section
Contribution from any national and international organization and other
sources
Helps for:
Shares to benefit claimers
Used for supporting conservation and sustainable use of genetic resources
9/22/2014 55