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SIDDARUDH K. S.
Ph.d shcolar
UAS GKVK
Bangalore
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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/
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.
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.
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.)
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.
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.
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.
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
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
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
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
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.
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
(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
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
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
THANK YOU

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Criteria for protection of new plant varieties and Farmers right act 2001

  • 1. SIDDARUDH K. S. Ph.d shcolar UAS GKVK Bangalore
  • 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

Editor's Notes

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