This document discusses new plant varieties and intellectual property rights related to plant breeding. It notes that a new plant variety can be registered if it meets criteria for novelty, distinctiveness, uniformity and stability. Protection is available for new plant varieties through plant breeder's rights or a sui generis system, giving plant breeders exclusive rights over new varieties for a limited period as an incentive for agricultural innovation. The duration of protection varies from 15-18 years depending on the type of plant.

1. NEW PLANT VARIETIES
Presented by;
K. Sai Lakshmi,
B.pharmacy,
Balaji College of Pharmacy.

2.  Plant variety protection, also called a “plant breeder’s right”, is a
form of intellectual property right granted to the breeder of a new
plant variety. According to this right, certain acts concerning the
exploitation of the protected variety require the prior authorization of
the breeder.
 A new plant variety can be registered under the Act. If it conforms to
criteria for novelty, distinctiveness, uniformity & stability. Thus
novelty is not considered while going for the protection of plant
varieties.
 Agriculture research in India including breeding of new varieties
have largely taken by public sector institutions and plant genetic
resources found on its soil, including wild species, farmers varieties
evolved by professional plant breeders were considered as public
property.

3.  New varieties of plants with improved yields, higher quality or better
resistance to pests and diseases increase quality and productivity in
agriculture, horticulture and forestry, while minimizing the pressure
on the environment. The tremendous progress in agriculture
productivity in various parts of the world is largely based on
improved plant varieties.
 Intellectual property rights(IPRs) are legal rights granted by
governmental authorities to control certain products of human
intellectual effort and ingenuity.
 Plant variety protection is an independent sui generis form of
protection, tailored to protect new plant varieties and has certain
features in common with other intellectual property rights.

4. PROTECTION:
 The protection of new plant varieties is another aspect of IPR and
seeks to acknowledge the achievements of breeders of new plant
varieties by giving them for a limited period, an exclusive right.
 To obtain such protection, the new varieties must satisfy specific
criteria. The organization for protection of new plant varieties is
referred as UPOV(The International Union for the Protection of New
Varieties of Plants).
 Protection is available to a new variety of plants to safeguard the
interests of plant breeders as an incentive to the development of
improved plant varieties for forestry, agriculture and horticulture.
 In the absence of plant breeders rights, these aims are more difficult to
achieve, since there is nothing to prevent others from multiplying the
breeder’s seeds or other propagating material and selling the variety
on a commercial scale.

5. How can new plants be protected
The TRIPS agreement allows 3 types of protection
Through the patent mechanism
Through a special system related to plants
Through a combination of both
 There is widely held view that most new plant varieties do not satisfy
non-obvious requirement of a system of patent protection, since they
result from using known technology.
 Most countries tend to have a sui generis system for the protection of
plant varieties.
 Under the 1991 Act of UPOV convention the variety should be
New or Novel
Distinct
Uniform
Stable and
Have a satisfactory denomination

6. Duration of protection for a Registration Variety
 Trees & wines(18 years) from date of registration.
 Extant varieties(15 years) from date of notification of the variety by
Central Government.
 Other crops(15 years) from date of registration.
 India is the first country in the world who have passed legislation
granting farmer right in the form of the plant varieties protection &
former Act, 2001.

7.  The object of this act is to recognize the role of former as cultivation
& contribution of traditional & tribal communication to country’s agro
biodiversity.
 The plant variety protection & former rights Act 2001 was enacted in
India to protect the new plant variety.
 The Act has come into force on 30-10-2005 through Authority.
 Initially 12 crops species have been identified for registration. i.e,.
Rice, wheat, maize, chicken pea, green gram, black gram, kidney bean
etc,.

8. TYPES OF VARIETIES
New Variety: A New Variety can be registered under the Act if it
conforms to the criteria for novelty, distinctiveness, uniformity and
stability.
Extant Variety: An Extant Variety can be registered under the Act if it
conforms to the criteria for distinctiveness, uniformity and stability. Thus
novelty is not considered while going for the protection of plant varieties.

9. PLANT BREEDER
 A plant breeder is a person i.e, a botanist concerned with the origin and
evolution of plants.
 Plants are one example of this food, fiber and ornamental crops carry
in themselves the ability to regenerate true to form, whether sexually or
asexually.
 International convention for the protection of new varieties of plants,
an international treaty first adapted in 1961 and revised several times,
latest in 1991.
 The form of intellectual property created by UPOV is known widely is
called as “plant breeder’s right”.

10. PLANT BREEDER RIGHT
 PBR is a patent like system that allows the plant variety owner to
prohibit specific unauthorized uses of the variety.
 PBR laws apply only to plants.
 The owner of a sunflower variety protected in U.S would have no legal
control over how that variety was used inside Canada. However, the
variety owner could prevent the importation into U.S of variety
including grain, plant parts etc,.
 PBR under the TRIPS Agreement is a component of World Trade
Organization(WTO).
 PBR is clearly a Sui generis system, but what constitutes effective is
less clear,