The document discusses intellectual property rights (IPR) related to plant varieties in India. It provides a history of IPR in India and describes the main forms of IPR - patents, copyrights, trade secrets, and plant breeders' rights. It focuses on plant breeders' rights and the Protection of Plant Varieties and Farmers' Rights Act 2001 (PPVFR), which aims to recognize farmers' contributions and encourage new plant variety development. The PPVFR establishes rules for registering new varieties, extant varieties, farmers' varieties, and essentially derived varieties to protect plant breeders' and farmers' rights in India.
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.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
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.
Trade Related Aspects Of Intellectual Property Rights (TRIPS)Anjita Khadka
TRIPS agreement covers the following areas:
Copyright and related rights (i.e. the rights of performers, producers of sound recordings and broadcasting organizations)
Trademarks including service marks
Geographical indications including appellations of origin
Industrial designs; patents including the protection of new varieties of plants
Layout-designs of integrated circuits and
Undisclosed information including trade secrets and test data
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.
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
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.
TREATIES ON IPR PROTECTION
Berne Convention for the Protection of Literary and Artistic Works
Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods (1891).
The paris Convention
Beijing Treaty on Audiovisual Performances (2012)
Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite (1974)
Marrakesh Treaty (2013)
Nairobi Treaty on the Protection of the Olympic Symbol (1981)
Patent Law Treaty (PLT) (2000)
Phonogram convention (1971)
A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)
Examples: Basmati rice, Swiss watches etc
Intellectual Property Rights In India: Patents Trademarks And Copyrights JRA & Associates
Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create. By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.
Let us try and understand the basics of these intellectual property rights, how they can be applied for in India and understand how and why they are litigated so fiercely.
the slide include all aspects of IPR in india.
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-procedure of application
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-Personalities of Indian IPR
Invited lecture in 117th Orientation Programme of the Human Resource Development Centre (HRDC) , UGC of the University of Calcutta.
Creativity is the basis of our very existence on earth. It is also the precursor of societal progress. The culture of instilling of creativity, invention and innovation makes a society enriched than another society. Valley of Death is an inevitable step that has to pass through every invention before it becomes innovation that diffused to the society in the course of time. Creativity has two dimensions-one is philosophical another is functional. Creativity is based upon novel idea regardless of types and the reason which initiated the process. Even the most novel can not be protected until it is not manifested tangibly. Presentation has focused on four different basic forms of IPR i.e., Patent, Trademark, Industrial Design and copyright with suitable real life examples.
IPR in Life Sciences :Unlock & Harness Your Innovative Potentialsabuj kumar chaudhuri
Invited lecture on IPR in Life Sciences :Unlock & Harness Your Innovative Potential on 9th January 2017 in the Refresher Course in Life Sciences of the UGC-HRDC (University of Calcutta)(thrust area: Challenges and options in Life Science Research in the developing world today) for college and university teachers during Dec.23- Jan.13, 2017 at the Department of Zoology, University of Calcutta , 35, Ballygunge Circular Road, Kolkata-700019.
Creativity is an enigmatic issue. It is influenced and governed by so many determinants that it is yet to be defined properly. It has both philosophical and functional perspectives as well. Presentation is dealt with only its functional side which is manifested in tangible forms. IPR and life sciences has very complex relationship which became more complex with the emerging biotechnology and priority of the industries. Patenting life science invention from its ideation stage to granting a patent has been lucidly demonstrated in this presentation.
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Media for start-ups By N Ravi Shankar of AimHigh consultingKesava Reddy
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The goal of media relations is to get positive coverage in the mass media without paying for it directly as by advertising. Media relations involves working with media for the purpose of informing your potential customers about how your offering will benefit them, and doing so in a credible positive and consistent manner. Typically, this means coordinating directly with the people who influence, generate and distribute news and features in the mass media.
One of the most cost-effective ways to build buzz around your start-up is to get it covered by the media, either local or national. But how does one go about doing that on a shoe-string budget?
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.
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.
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2. HISTORY OF INTELLECTUAL PROPERTY
RIGHTS IN INDIA
• 7th century- BC in Italy: Food recepies
• 1474 in Venice: First law on patent
• 1623 (UK): Act of proprietorship
India
• 1856: Act of protection of inventions
• 1948: Trademark protection
• 1957: Indian copyright act
• 1959: Indian Trade & Merchandise marks act
• 1970: Indian patent Act
3. Intellectual Property
• According to the World Intellectual Property
Organization (WIPO), the term 'Intellectual
Property' indicates the legal rights resulting
from intellectual activity in the fields of
science, industry, literature and art.
• Problems with intellectual property :–
copied
Imitiated or reproduced
4. Intellectual property rights
• The right of an inventor to drive economic
benefits from his invention
• it is recognised by the government so long as
it is not to the detriment of the society
5. Main forms of IPR
Patents
Copyrights
Trade secretes
Plant breeders’ rights
6. Patents
Rights granted by a government to an
inventor to exclude others from imitiating,
manufacturing ,using or selling the invention
in question for commercial use during the
specified period (20 yrs from date of filing)
Patents are granted for
• Invention
• Innovation
7. • Process/ product of an invention
• Concept
Requirement for grant of Patent :-
novelity
Inventiveness
Industrial application and usefulness
Patentability
Disclosure
8. Copyright
• Copyright is a set of exclusive rights granted by
the law of a jurisdiction -to the author or creator
of an original work, including the right to copy,
distribute and adapt the work.
• Ideas or concepts do not have copyright
protection
• Copyright protects the expression of the idea,
but not the ideas themselves
• Copyright protection applies for a specific period
of time, after which the work is said to enter the
public domain
9. Trade secrets
• When an organisation owning an intellectual
property does not disclose the property to any
one and keeps it as closly guarded secret- to
promote his business interest
• Unlimited duration
• No need to fill application
• No chance for other for improvement upon
the product
10. Plant breeder’s right
• Right of a breeder to regulate production and
marketing of his variety for a period of 15-20 yrs
Features:
• For cultivated plant species
• Protect the variety not standard breeding
procedure
• It also contains some breeders exemptions and
farmers privilege
• Laws 1st framed in 1961 by UPOV, revised
1972,1978 and 1991
11. UPOV (International union for
protection of new plant varieties)
• Inter governmental organization with
headquarters in Geneva, Switzerland.
• Established by the International Convention
for the Protection of New Varieties of Plants
• The Convention was adopted in Paris in 1961
and revised in 1972, 1978 and 1991
• The objective of the Convention is the
protection of new varieties of plants by an
intellectual property right
12. For plant breeders' rights to be granted, the new
variety must meet four criteria under the rules
established by UPOV
Novel: Should not have been offered for sale
before one year from date of filing of
application(INDIA)
• 6 years in case of trees and vines(OUTSIDE
INDIA) other case-4 year.
Distinct: Should be clearly distinguishable from
any other variety by at least one essential
characteristic .
Uniform: Should be sufficiently uniform in its
essential characteristics.
Stable: Essential characteristics should remain
unchanged after repeated propagation .
13. Extent of protection by PBR
• To produce, Sell ,Market , Distribute becomes
the exclusive right of the holder of PBR title
• A grower may be allowed to reserve a portion
of his harvest for use as seeds for his own next
crop without permission of PBR title holder-
FARMERS EXEMPTION
• Exchange of propagating material of different
cultivars between farmers is not allowed
• Period of protection-20 yrs
14. • Use of propagating material for a protected
cultivar for scientific purpose does not require
permission of PBR title holder
• Use of protected cultivar for creation of genetic
variability does not require permission of PBR
title holder
• PBR protection does not cover breeding methods
• PBR covers new variety but does not protect the
parents of the variety except in case of hybrid
varieties
15. Advantages of PBR
• Incentive to breeders
• Fast development of seed industry
• Improvement of quality
• Procurement of good material
• Enrichment of genetic resources
16. Disadvantages of PBR
• Exploitation
• Increase cost of seed
• Encourage unhealthy practice
• Reduction in genetic diversity
• Ban on use of own seed
17. BREEDERS EXEMPTION
Under PBR regime,use of the material of a
protected variety for the development of a
new variety is exempted from protection
The PBR of these new varieties will be of the
breeder who develop them ,and the holder of
the PBR title of the initial variety will have no
claim to it.
18. FARMERS PRIVILEDGE
• PBR system allows the farmers to use the
materials of a protected variety produced on
their farm for planting of their new crop
without any obligations to the PBR title holder.
This exemption is called farmers priviledge
19. FARMERS RIGHTS
It has been argued that the farmers should be
allowed to share in the profit in recognisation of
their contribution by way of the development of
germplasms of the various crop .
This has been recognignise by FAO as farmers
rights ,which arise from the past present and
future contribution of farmer in
conserving,improving and making available plant
genetic resources ,particularly in the centers of
origin /diversity.
20. PROTECTION OF PLANT VARIETIES AND
FAMER’S RIGHT ACT 2001(PPVFR)
• Passed –august 9,2001 by lok sabha
• Aim
for the establishment of an effective system
for-
1. protection of plant varieties
2. Protect rights of farmers and plant breeders
3. Encourage the development of new varieties
of plants
21. • PPVFRA was established (section 3 of the
PPVFR Act) during 2005.
• Initially,authority started receiving
applications for Registration of Varieties of 12
notified crop species from 21st May, 2007.
• India is the first country to passed legislation
granting Farmers' Rights in the form of the
PPVFR.
22. Main objectives of PPVFR Act
To recognize and protect the rights of the
farmers for their contributions
To encourage the development of new
varieties
To stimulate research and development
both by public as well as private sector
To facilitate the growth of the seed
industry to ensure the availability quality
seeds
23. General Functions of the PPVFRA
• Registration of new plant varieties,
essentially derived varieties (EDV) and extant
varieties
• Developing DUS (Distinctiveness, Uniformity
and Stability) test guidelines for new plant
species
• Developing characterization and
documentation of registered varieties
24. • Compulsory cataloging facilities for all variety
of plants
• Documentation, indexing and cataloguing of
farmers' varieties
• Recognizing and rewarding farmers,
community of farmers.
• Maintenance of the National Register of
Plant Varieties and
• Maintenance of National Gene Bank
25. What can be registered under PPVFR?
• New varieties
• Extant varieties
• Farmers’ varieties
• Essentially derived varieties (EDV)
26. 1.ESSENTIALLY DERIVED VARIETY
• A variety predominantly derived from the essential
variety
• which retains the expression of the essential
characteristics from the genotype or combination of
genotypes of the initial variety
• Do not exhibit any important(distinct features) that
differentiate it from other variety
• A variety produced by –mutation, backcross,
integration by genetic transformation of a “ single
gene” will be considered as an essentially derived
variety
• Will be protected under PBR title granted to the initial
variety
27. – 2)Extant variety
Notified under section 5 of seeds act (1966)
A variety about which there is common knowledge
Which is in public domain (longer time)
• 3) Farmer’s variety
Traditionally cultivated and evolved by farmer
Land race or wild relatives
• 4) New variety
Not in public domain earlier than one year before
the date of filing.
– (4 years in case of trees and vines)
28. What can not be registered under
PPVFR?
• Prevention of commercial exploitation of
those variety which is necessary to protect
public morality to human, animal and plant
health and cause harm full effect to
environment.
• Species involving any technology viz., Genetic
use restriction technology (GURT) or
Terminator Gene Technology.