This document is a presentation on intellectual property protection for plants given by 10AB1R0042, Shajeeya Amren. It discusses various forms of intellectual property protection for plants including patents, plant breeder's rights, trademarks, and trade secrets. It provides information on requirements for different types of protection like patents requiring novelty, non-obviousness, and industrial applicability. The presentation also outlines different acts governing intellectual property in India and protection mechanisms provided by sample countries. In conclusion, it thanks the presenter's guides for their support.

1. Presented By
10AB1R0042,
Shajeeya Amren. Sk
Guided By
A. Viswanath,
R. Karthikeyan,
Vignan Pharmacy College
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Vignaan Pharmacy College, Vadlamudi.
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3. Protection
• The term protection is to be understood in the
sense of intellectual property (IP) protection.
• MAPs can be protected by way of patents or plant
breeder’s right.
• The term protection does not refer to the concept
of protection in environmental law, or to the
concept of preservation or conservation.
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4. Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols,
names, images, and designs used in commerce.
……..WIPO
• UN organization dedicated to promoting the use and
protection of works of the human spirit.
• Headquarters in Geneva, Switzerland.
• 185 nations as member states.
• Manages all IPs.
• Training through Academy and Seminars
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5. • Reward original efforts
• Stimulate innovation and creativity
• Prevent duplication of work
• Commercial value in research
• Prevent exploitation of workers
• Technical information for research & to prevent
litigation
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6. Patents
Trade
secrets
Plant
Breeder
Rights
CopyRights
Trademark
IPR
Int.
circuits
Ind.
Design
Geographical
Indication
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7. • Property  Right
INTELLECT – PROPERTY – RIGHT
Idea  Expression  COPYRIGHT
Idea  Innovation  Invention 
PATENT
Idea  Quality + Identity  TRADEMARK
Idea  Appearance  DESIGN
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Idea  Keep Confidential No Disclosure
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8.  Trade marks –The Trademarks Act 1999
 Copy Right Works- The Copyright Act 1957
 Designs- lines colours shapes etc. –The Designs Act 2000
 Inventions- Products or Process-The Patents Act 1970
 Plant variety protection – Plant Varieties and Farmers' Rights Act,
2001
 Integrated circuits- The Semiconductor Integrated Circuits Layoutdesign Act, 2000
 Geographical Indications - Geographical Indications of Goods
(Registration and Protection) Act, 1999 came in force with effect
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from September 2003.
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9. Act
Ministry/Department
The Copyright Act, 1957
Higher Education
The Patents Act, 1970
Industrial Policy &
Promotion
The Designs Act, 2000
Industrial Policy &
Promotion
The Trade Marks Act, 1999
Industrial Policy &
Promotion
The Geographical Indications of Goods
(Registration and Protection) Act, 1999
Industrial Policy &
Promotion
The Semiconductor Integrated Circuits LayoutDesign Act, 2000
Information Technology
The Protection of Plant Varieties and Farmers’
Rights Act, 2001
Agriculture and Cooperation
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10. Plant Intellectual
Protection
Plant
Patent
Trade
Secret
Genetic
Mechanism
Utility
Patent
Hybrid
Plant
Patent
Contracts
GURT’s
Plant Breeder
Rights
Material Transfer
Agreements
Bag
Labels
Technology Use
Agreements
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11. New
Distinct
Mentha piperita light
Uniform
Stable
Mentha piperita dark
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12. The patent application must show:
1) novelty
2) non-obviousness, or an inventive step
3) usefulness (US) or industrial applicability (Europe, Australia)
4) enablement
5) claim clarity
6) written description
7) best mode (United States only)
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13. A utility patent grants the owner the right
to exclude others from:
1) making,
2) using,
3) selling or offering for sale or
4) Importing the protected invention for a 20 year
period* from the earliest file date.
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14. • available in very few countries. The Plant Patent Act was enacted by
US congress in 1930.
• It was introduced primarily to benefit the horticulture industry by
encouraging plant breeding and increasing plant genetic diversity.
•
Limited types of plants are eligible for protection
The Plant Patent Act 1930 (35 U.S.C. 161) provides for:
patent protection of all asexually reproduced plants
EXCEPT:
1) tuber-propagated plants and
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2) plants found in an uncultivated College, Vadlamudi.
state.
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15.  Requirement for plant protection under TRIPs
 International Union for the Protection of New Varieties of Plants (UPOV)
 Plant protection mechanisms provided by sample countries
•
Protection confers the right to exclude others from:
1) producing or reproducing,
2) propagating,
3) offering for sale,
4) selling or other marketing,
5) exporting, importing or
6) stocking for any of the above purposes the protected variety.
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16. A trade secret is confidential information any formula, pattern, device, or
compilation of information that is used in a business and gives that business
an opportunity to obtain advantages over competitors.
•
Secrecy: in the form of a confidentiality agreement or covenant. External
forms of protection such as security systems etc also impart the necessary
requirement of secrecy.
•
Novelty: The subject of the secrecy must have been novel.
•
Value: The subject of the trade secret must be of some value or give some
advantage over competitors.
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17. • In some cases, specialized plant breeding can present an
alternative to intellectual property protection.
• Seeds resulting from hybrids show an extremely poor ability to
reliably reproduce the trait of interest in their progeny or next
generation.
• Genetic Use Restriction Technologies (GURTs) is technology
that allows the control of gene expression of an organism,
further allowing constraints or restrictions on the use of the
organism or trait.
• There are two main types of GURTs: variety-level GURT (vGURT) and trait- level GURT (t-GURT).
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18. Material Transfer Agreements
•
Material Transfer Agreements (MTAs) are legal agreements made between a
provider and a recipient party when research material is being transferred between
institutions.
Bag Labels
•
Bag label contracts are another form of legal protection which can be applied to
plants, especially seeds
Technology Use Agreements
•
A technology use agreement is an agreement most commonly between technology
suppliers and farmers which usually controls the right to plant a given seed on a
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specific area of land often for a certain period Vadlamudi.
of time.
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19. Plant Patents
• Whoever invents or discovers and asexually reproduces
any distinct and new variety of plant, including
cultivated spores, mutants, hybrids, and newly found
seedlings, other than a tuber propagated plant or a plant
found in an uncultivated state. . . (35 U.S.C. § 161)
– No bacteria or similar single-cell organisms need apply!
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20. • Register able varieties and criteria:
 New Varieties
 Novelty, Distinctiveness, uniformity and stability
 Extant varieties
 Distinctiveness, uniformity and stability
• Persons who can Register
 Breeders, farmers, universities, agricultural institutes
• Period of protection
 15 years for annual crops
 18 years for trees and vines
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21. •
This Law Established Patent Rights For Developers Of New Varieties Of
Many Asexually Propagated Plants.
•
Conventional Intellectual Property Law Does Not Adequately Cover Or
Protect Traditional Knowledge And Innovations Of Indigenous And Local
Peoples.
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22. •
Mohan devan, IPR protection an overall view, journal of intellectual property rights
•
Alimpan chatterjee, traditional knowledge herbal medicine and intellectual
property: a debate over rights
•
Geertrui van overall intellectual property protection for medicinal and aromatic
plants centre for intellectual property rights, catholic university Leuven, e-mail:
geertrui.Vanoverwalle@law.Kuleuven.Ac.Be
•
Bimal b.Bhaskar corporate & IPRpresentation on the protection of plant varieties
•
Edmund jason g. Baranda plant variety protection
•
Okan arihan, a. Mine gençler özkan2traditional medicine and intellectual property
rights hacettepe university, faculty of medicine, department of pharmacology.
•
Internet source: http://www.uspto.gov/web/offices/pac/plant/
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23. I be grateful of my guides
A. Viswanath, R. Karthikeyan
for their immense support and encouragement
I also convey my in depth gratitude
to our beloved principle
Dr P. Srinivasa Babu

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