This document discusses plant variety protection and trends in India and globally. It provides an overview of the Protection of Plant Varieties and Farmers' Rights Act 2001 in India, which provides protection for new plant varieties, extant varieties, farmer's varieties and essentially derived varieties. The key rights and requirements for protection under the Act are summarized, including novelty, distinctiveness, stability and prohibited varieties. Processes such as application, registration and rights of owners are also briefly outlined. Comparisons are made between plant protection in India and other countries like the US.
'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.
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.
'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.
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.
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.
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.
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 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.
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.
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
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
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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)
Plant Breeding: Art and Science
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Here are some common scenarios in which courts might lift the corporate veil:
Fraud or Illegality: If shareholders or members use the corporate structure to perpetrate fraud, evade legal obligations, or engage in illegal activities, courts may disregard the corporate entity and hold those individuals personally liable.
Undercapitalization: If a corporation is formed with insufficient capital to conduct its intended business and meet its foreseeable liabilities, and this lack of capitalization results in harm to creditors or other parties, courts may lift the corporate veil to hold shareholders or members liable.
Failure to Observe Corporate Formalities: Corporations and LLCs are required to observe certain formalities, such as holding regular meetings, maintaining separate financial records, and avoiding commingling of personal and corporate assets. If these formalities are not observed and the corporate structure is used as a mere façade, courts may disregard the corporate entity.
Alter Ego: If there is such a unity of interest and ownership between the corporation and its shareholders or members that the separate personalities of the corporation and the individuals no longer exist, courts may treat the corporation as the alter ego of its owners and hold them personally liable.
Group Enterprises: In some cases, where multiple corporations are closely related or form part of a single economic unit, courts may pierce the corporate veil to achieve equity, particularly if one corporation's actions harm creditors or other stakeholders and the corporate structure is being used to shield culpable parties from liability.
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In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
4. Agricultural Scenario- Indian Vs. Global
Indian
• About 70%of the rural
households and 8% of
urban households are still
principally dependent on
agriculture for
employment, contributing
to about 18% of GDP.
USA
• Just 2% of the
United States
population
cultivates about
2.5 times the
land cultivated
in India.
This observable difference is due to methods of
cultivation, protection given to the farmers, investment
in research and development. 10/17/2017 4
5. WTO TRIPS Agreement
Provide
patent
protection
Choose “sue
generis” system
of protection.
Provide patent
protection
contemplated
under UPOV
Convention.
WTO TRIPS Agreement establishes “International Minimum
Standard” in the protection of Intellectual Property & obliges all
countries to choose one of three models while protecting plant
varieties.
India had chosen “sue generis” system of protection and
enacted The Protection Of Plant Varieties And Farmers’
Rights Act, 2001
10/17/2017 5
6. Indian Position
Under section 3 of the Indian Patent Act the following inventions are not
patentable.
Sec. 3(b)An invention
which causes serious
prejudice to human,
animal or plant life or
environment.
Sec. 3(h) A method of
agriculture or
horticulture.
10/17/2017
Sec. 3(i) any process for the medicinal, surgical, curative,
prophylactic or other treatment of human beings or any
process for a similar treatment of animals…… to render them
free of disease or to increase their economic value or that of
their products.
6
7. Indian Position…contd
Prior to 1st Jan 2005 new crop protection chemicals
(insecticide, pesticide), new types of plant specific fertilizers
or any substance manufactured by chemical reaction was not
patentable. Now after 1.1.2005, they are patentable.
Even prior to 2005, new agricultural and farming
equipments were patentable.
Eg: Paddy transplantation machine, coconut de-husking
device.
Improved Spindles to retrieve silk yarn from cocoon.
10/17/2017 7
8. 10/17/2017
Case Study
Speaking Roses International Inc.,
Vs
Controller General of Patents & Another (Judgement of Bombay
High Court dated 13th February of 2006 in Miscellaneous
Petition 13 of 2006)
Sec. 3(j) Plants or animals in whole or in any part thereof other
than micro organisms, but including seeds, varieties and species
essentially biological process for production and propagation of
plants or animals. 8
9. 10/17/2017
Case study:-…contd
The Applicant filed a patent application through the PCT
route claiming an invention for a method of providing an
image over organic product and the product having
thereon an image produced by the said method. The
Patent Office held the view that the claims fall under the
mischief of Section 3(j) that prohibits the Patentability of
plants or any part there of.
Murali 9
13. What is a plant patent?
A plant patent is granted by the US Patent and
Trademark Office to a plant breeder who has invented or
discovered and asexually reproduced a distinct and new
variety of plant, other than a plant found in an
uncultivated state (naturally occurring). The grant,
which lasts for 20 years from the date of filing the
application, protects the breeder’s right to exclude others
from asexually reproducing, selling, or using the plant.
10/17/2017 13
14. What types of plants are Patented?
•A living plant organism which expresses a set of characteristics
determined by its single, genetic makeup or genotype, which can be
duplicated through asexual reproduction, but which cannot
otherwise be "made" or "manufactured."
•Spores, mutants, hybrids, and transformed plants are
comprehended; sports or mutants may be spontaneous or induced.
Hybrids may be natural, from a planned breeding program, or
somatic in source.
•Algae and macro fungi are regarded as plants, but bacteria are not.
10/17/2017 14
16. PPVFRA, 2001
Researcher’s rights
Farmer’s Rights
Breeder’s Rights
Entitled for registration and other protection who has bred or
developed a new variety.
The use of a protected variety by any person as an
initial source of variety for the purpose of creating
other varieties conducting experiments or research.
Right to produce, sell, market, distribute,
import/export seeds of the protected variety.
10/17/2017 16
17. What is a Plant Variety?
“Variety” means a plant grouping within a single botanical
taxon of the lowest known rank,
i. Defined by the expression of the characteristics
resulting from a given genotype of that plant grouping;
ii. Distinguished from any other plant grouping by
expression of at least one of the said characteristics;
iii.Considered as a unit with regard to its suitability for
being propagated and remains unchanged after such
propagation;
iv.Includes propagating material of such variety, extant
variety, transgenic variety, farmer’s variety and
essentially derived variety.
Kingdom
Phylum
Division
Class
Order
Family
Genus
Species
Variety
10/17/2017 17
18. Varieties that can be protected
[Sec. 2(i), 2(j), 2 (za), 14, 15]
Novel Varieties
Commercially new/Plant breeder’s varieties
Extant Varieties
Varieties released and notified under the Seeds Act, 1966; also includes
farmer’s varieties and other varieties of common knowledge
Farmer’s Varieties
Varieties evolved by the farmer’s involvement
Essentially Derived Varieties (EDV)
A variety that is similar to an original variety except for one or few
distinguishable characteristics
Transgenic Varieties
A variety developed by employing genetic engineering techniques
10/17/2017 18
20. Essential requirements for Plant protection
Novelty (Not essential for extant varieties, including farmer’s varieties
and other varieties of common knowledge)
Variety was not placed for sale for a period exceeding 12 months on
the date of application
Distinctiveness
Must be clearly distinguishable for at least one essential character
from any other variety whose existence is a matter of common
knowledge in any country at the time of filing the application
Stability
Stable when all essential characters remain unchanged after repeated
propagation or a specified life cycle of propagation.
10/17/2017 20
21. The "Honey Heart" Cherry Tree 1851,
The Honey Heart Cherry Tree is also
called Sparhawk's Honey, and it was
formerly called Roger's Pale Red. The
Honey Heart is doubtless a native variety,
and probably originated in this vicinity
some sixty years ago. Mr. Samuel Hyde,
an aged gentleman, of Newton (Mass);
first saw it in that town, and he
propagated it in his nursery, from the
original tree.
10/17/2017 21
24. Varieties not granted protection [Sec. 29]
The varieties whose commercial exploitation
• May affect protection of Human, animal and plant
life and health
• Public order or public morality.
• May cause serious prejudice to the environment.
10/17/2017 24
25. The varieties whose genus/species is not notified in the
Official Gazette at the time of filing application
• Not applicable for extant and farmer’s varieties.
The varieties which involve any technology that is injurious
to life and health of human beings, animals and plants
• Include GURT(Genetic Use Restriction
Technology)/terminator technology
Varieties not granted protection [Sec. 29]
10/17/2017 25
26. Process of Registration
Submission of Application Form + Technical Questionnaire to PPV & FR Authority
Initial Scrutiny Receipt/Acknowledgement
Acceptance after validation of information from database
Publication in Plant Variety Journal
Invitation of objections (within 90 days)
Extant Variety
Issue of certificate of registration
New Variety
Conduct DUS test ( 2 years at 2 locations
Passed NDUS test
10/17/2017 26
27. People who can apply for protection
Any person claiming to be the breeder of the variety.
Any successor of the breeder of the variety.
Any person being the assignee of the breeder of the
variety.
Any farmer or group of farmers or community of farmers
claiming to be the breeder of the variety.
Any person authorized in the prescribed manner by the
persons mentioned above.
Any university or publicly funded agricultural
institutions claiming to be the breeder of the variety.
10/17/2017 27
28. Rights of the Owner of the Variety
Sec.28
The Owner
of the
Protected
Variety has
the Right to
Sell the
Variety
Market
the
Variety
Distribute
the Variety
Import
the
Variety
Export
the
Variety
Produce
the
Protecte
d Variety
10/17/2017 28
29. Crops covered under the PPVFRA
First Phase: May 2007
•Cereals: Rice, Wheat, Maize, Sorghum, Pearl millet
•Legumes: Chickpea, Moong , Urad , Rajmas, Lentil,
Second Phase: April 2008
•Fiber Crops: Cotton (Tetraploid and Diploid) and Jute
Third Phase: October 2009
• Sugarcane, Ginger, turmeric
10/17/2017 29
30. Other Crops in Pipeline
Vegetables: Potato, Garlic, Onion, tomato, Brinjal/Egg Plant,
Cabbage, Cauliflower, Okra/Lady’s Finger
Oilseeds: Indian Mustard, Rapeseed, Gobhi Sarson,
Groundnut, Castor, Linseed, Sesame, Sunflower, Soybean
Spices: Black Pepper, Small Cardmom
Fruits: Mango
Crops covered under the PPVFRA
10/17/2017 30
31. 10/17/2017
Other forms of plant protection!!!
New plants or series of plants may be eligible for Utility Patent protection
either instead of, or in addition to a Plant Patent. Utility Patents are
generally more appropriate for protecting the results of advanced
technical plant breeding where novel common characteristics have been
developed and which form an entirely new class of material.
Outside the US, new plant varieties are protected by Plant Breeders
Rights.
Trademarks are not intended to be used for prohibiting the propagation of
a plant variety.
31
32. 10/17/2017
Breeder be represented by an Attorney?
USPTO recommends that all patent applicants be represented by a
registered Patent Attorney or Patent Agent. However, USPTO is
required to allow and assist independent inventors (breeders or
discoverers) to prosecute their own (“pro se”) application if
sufficient competency is demonstrated.
If the inventor transfers his or her entire rights in the patent or patent
application (an assignment) then that assignee may proceed to
engage a patent practitioner or to prosecute the application pro se.
32
33. 10/17/2017
What is PPAF?
PPAF is a term used by our industry to put others on notice that a
variety is “Plant Patent Applied For.” It is equivalent to the term
“Patent Pending”.
The purpose of giving notice in this way is to forewarn others that a
patent application is in process and, upon issuance, the plant
concerned becomes instantly subject to the patent holder’s right to
exclude all non-permitted activity. Thus, growers and propagators will
often accept a license in order to be “grandfathered in” to the expected
issue of the plant patent.
It is a Federal offence knowingly and erroneously to hold out a plant
variety as Pending or PPAF. 33
34. Term of Protection
For Trees and
Vines- 18 years
For Other crops-
15 years
10/17/2017 34
35. Procedural aspect of filing
Application Form
Form I – New Variety, Extant
Variety and Farmer’s Variety
Form II – Essentially
Derived Variety
Technical Questionnaire
attached with Form I and
Form II
10/17/2017 35
36. Requirements for filing form?
Denomination
Affidavit – No Terminator Technology
Complete Passport Data
Characteristics for Novelty, Distinctiveness, Uniformity
and stability
Declaration that genetic material used for breeding of
the variety has been lawfully acquired
Disclosure of use of genetic material conserved by any
tribal or rural families
10/17/2017 36
37. Where to file the application???
Registrar, Protection of Plant Variety & Farmers Right
Authority, Govt. of India, Ministry of Agriculture,
NASC Complex, DPS Marg, Opposite Todapur
Village, New Delhi
10/17/2017 37
38. What is the future of Plant Patenting?
In recent years, the US and much of the world has experienced a
sharp increase in the number of patented plants.
In response to the growing number of plant patent applications, the
USPTO has begun to scrutinize applications more closely. The
number of applications is increasing while the number of Patent
Grants awarded is decreasing. Simply put, as more plant breeders
attempt to protect their new cultivars, the USPTO is forced to discern
the true validity of the claim that each “new” cultivar is in fact
different from its predecessor.
10/17/2017 38
40. How to create awareness???
Organization of Farmer’s Camp
Awareness on PPV&FR Act
Awareness on Farmer’s Rights
Benefits of Registration
Constitution of registered farmers organization
10/17/2017 40