The document summarizes India's Plant Varieties and Farmers' Rights Act of 2001. It outlines the objectives of providing exclusive rights to plant breeders to encourage development of new plant varieties. A plant variety must be novel, distinct, uniform, and stable to qualify for protection. Rights conferred include the rights to produce, sell, market, distribute, and import/export a registered variety. Infringement includes exercising these rights without permission. The term of protection is 18 years for trees/vines and 15 years for other varieties.
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
An Act of the Parliament of India enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on October 30, 2001.
Protection of plant vareities and farmers right act, 2001DNMadhushree1
REGISTERABLE PLANT VARIETIES (slide no.8)
(i) NEW VARIETY is a variety which is not in public domain
> In India earlier than 1 year before the date of filling the application;
> outside India, in the case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
(ii) EXTANT VARIETY is a Variety available in India which is -
> Notified under section 5 of the Seeds Act, 1996; or
> A Farmers variety
> A variety about which there is common knowledge
(iii) FARMERS VARIETY is a variety which-
> Has been traditionally cultivated and evolved by the farmers in their fields;
> Is a wild relative or land race of a variety about which the farmers possess the common knowledge.
(iv) ESSENTIALLY DERIVED VARIETY in respect of a variety (the initial variety), shall be called when it -
> Is predominantly derived from a variety that itself is predominantly derived from an initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety;
> Is clearly distinguishable from initial variety.
TEST TO BE CONDUCTED (slide no.12)
Every applicant shall, along with the application for registration, make available to the Registrar some quantity of seeds of a variety for registration of which such application is made for the purpose of conduction of test to evaluate whether the seeds of such variety along with parental material conform to the standards as may be specified by regulations.
The seeds samples received by the Authority will be properly tested for its purity and germination. A part of the seed sample will be sent to the test center for conduction of DUS tests and a part of it is kept by the Authority in the National Gene Bank to maintain the seeds samples of the registered varieties for their entire period of protection.
The DUS testing shall be field and multi-location based for at least 2 similar crop seasons. Special tests (laboratory based) shall be conducted only when DUS testing fails to establish the requirement of the distinctiveness.
Provided that in the case of trees and vines there shall be an option on the manner of the DUS testing that a panel of 3 experts shall visit the on-farm test sites for 2 similar crop seasons as may be specified.
The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and it shall be conducted on a minimum of 2 locations. There are special guidelines for the DUS test for each crop.
An Act of the Parliament of India enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on October 30, 2001.
Protection of Plant Varieties in India | Tech Corp Legal LLP - Leading International Law Firm in India, Patent Filing Law Firm in India, Trademark Search & Registration
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Protection of Plant Variety and Farmer Rights Act not only provide protection to new plant varieties but also take into consideration the rights of farmers.
Law Of Protection Of Plant Varieties And Farmers Rightsin IndiaVijay Dalmia
Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to Seed Act and main features of seed act
Protection of Plant Varieties in India | Tech Corp Legal LLP - Leading International Law Firm in India, Patent Filing Law Firm in India, Trademark Search & Registration
The Protection of Plant Varieties and Farmers’ Rights ActMahendra Pal
Intellectual property (IP) is a legal concept that includes copyrights, trademarks, patents, and related rights. Under intellectual property law, the holder of one these abstract "properties" has certain exclusive rights to the creative work, commercial symbol, or invention which is covered by it. In India, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999, proposes protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively subject to
the satisfaction of the NDUS ( Novelty, Distinctness, Uniformity and Stability)
criteria Protection is also extended to essentially derived varieties (EDVs). Researcher’s privilege is provided to ensure continuous improvement of varieties. Breeders from any country, honouring the principle of reciprocity, are permitted to apply for protection.
Protection of Plant Variety and Farmer Rights Act not only provide protection to new plant varieties but also take into consideration the rights of farmers.
Law Of Protection Of Plant Varieties And Farmers Rightsin IndiaVijay Dalmia
Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer
The Presentation is prepared by the N.S Institution of science, Markapur.
It consists of a basic introduction related to Seed Act and main features of seed act
This presentation deals with the basic features of patenting aspects of traditional knowledge. This facilitates basic learning material for undergraduates in pharmacy and science learners.
PROTECTION OF PLANT VARIETY AND FARMERS RIGHT ACT.pdfVanangamudiK1
PROTECTION OF PLANT VARIETY & FARMERS RIGHT ACT
Plant breeding
K Vanangamudi
TNPSC AO, HO, ADH, AAO, AHO EXAMS
ICAR AIEEA JRF & SRF for PG admissions exams
ICAR NET, ARS & STO (T-6) exams
IBPS – AFO exams
PPV & FR Act 2001
Notable features of PPV & FR Act
Farmers rights
Breeders Rights
Extant variety
Essentially Derived Variety (EDV)
Researchers right
Registration of plant varieties
National Gene Fund
Plant Variety Journal of India (PVJ of India)
'Protection of Plant Varieties & Farmers’ Rights Act under Intellectual Prope...Palvi Mehta
ABSTRACT
Mehta .P.
India is mainly an agricultural country and agriculture sector provides livelihood to 65-70 percent of the total population. Farmer is the breeder, conserver and distributor of not only seeds but also responsible for conservation of vast genetic diversity resources. So there is a need to protect the rights of the farmers and provide reward and recognition to farmers & farmers’ community engaged in conservation and development of vast genetic diversity.
IPR provides protection to rights of original inventor through its different forms viz. patents, trademarks, copyrights, geographical indications and plant variety protection throughout the world. IPR in the context of agriculture could be provided either through a patent or a sui generis system for plant. Under TRIPS agreement, it is obligatory to India to protect new plant variety either through patent or sui generis system or through combination of both. India opted for a sui generis system and enacted the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) to grant intellectual property rights to plant breeders, researchers and farmers and promoting plant breeding by vesting adequate IP rights protection which will boost further research and innovation in this field.
During the year of 2016–17 the authority received a total of 3569 applications of which 85% were filed by farmers. Apart from the 3041 farmers’ varieties, the public and private institutes submitted 230 applications of extant notified varieties, 221 applications of new varieties and 77 applications of varieties of common knowledge. In 2016–17, a total of 495 certificates of registration were issued. Of these, 288 belonged to farmers, 107 belonged to private organizations and 99 belonged to public organizations. In the last decade, the number of applications received annually has increased from 654 during 2007-08 to 3569 during 2016-17 (Annual Report 2016-2017)
Data on exchange of planting materials, release of notified varieties, seed production, seed replacement rate and public-private partnerships (PPP) are examined to ascertain the early impact of PVP on Indian seed industry. On the basis of evidence it is shown there is positive impact of PPVFR act on Indian seed industry (Venkatesh and Pal, 2014)
Being a decade old there is inadequacies in the effective implementation of act which are of grave concern to the seed industry and Indian agriculture which needs to resolve by the government and the authority to meet out the objectives of the act (Kumar PS et al. 2011).
In conclusion the PPV&FR act showcases that farmers’ and breeders’ rights can be protected under a single piece of legislation but there is need to focus more on farmers’ right than the breeders’ right for ensuring food security as India is an agricultural country. The major challenge of the act is unawareness among tribal communities who live in isolation in remote pocket of India.