2. What is plant variety protection and what purpose does
plant variety protection serve ??
⚫Plant variety protection provides legal protection of a
plant variety to a breeder in the form of plant Breeder
Right’s
⚫Plant Breeder Right’s are intellectual property
right’s that provides exclusive rights to a breeder of the
registered variety.
3. The Plant Variety Protection and Farmers
Rights Act 2001
• A sui generis system, is an attempt by the Indian
Government to recognize and protect the rights of both
commercial plant breeders and farmers in respect of
their contribution made in conserving, improving and
making available plant genetic resources for
development of new plant varieties and to encourage the
development of new plants varieties.
• Protection of the plant varieties under the Act
accelerates agricultural development and stimulates
investment for research and development for the
development of new plant varieties which in turn
facilities the growth of the seed industry and ensures
the availability of high quality seeds and plant in
material to the farmers.
4. WHY PROTECTION FOR PLANTS IS REQUIRED IN
INDIA
• The Agreement on TRIPS requires WTO members to
introduce an “effective system” for the protection of
plant varieties. Article 27 (3) of the TRIPS agreement
reads
• Member countries may exclude Plants and animals
other than micro-organisms and essentially biological
processes for the production of plants and animals other
than non-biological and microbiological processes.
However, Members shall provide for the protection of
plant varieties either by Patents or by an effective sui
generis system or by any combination thereof.
5. WHAT IS A PLANT VARIETY
A variety is a plant grouping within a single botanical
taxon, defined by the expression of the
Characteristics resulting from a given genotype or
combination of genotypes.
The variety should be distinguished from other plant
grouping by expression and should be considered as a
unit with regard to its suitability for being propagated
unchanged.
6. WHAT ARE THE REGISTRABLE PLANT
VARIETIES IN INDIA
Four types of plant varieties can be registered under the
Act
a.New Varieties: A Variety which is not in public domain
in India earlier than one year before the date of filing or
outside India, in the case of trees or vines earlier than six
years or in any other case earlier than four years.
b.Extant Variety: A Variety which is notified under Seed
Act, 1966 or a variety about which there is common
knowledge or a farmer’s variety or any other variety
which is in public domain is considered as an Extant
Variety.
7. C.Farmer’s Variety: A Variety which has been
traditionally cultivated and evolved by the farmers in their
fields or a variety which is a wild relative or land race of a
variety about which farmers possess common knowledge.
• d. Essentially Derived Variety (EDV): An “essentially
derived variety” shall be said to be essentially derived from
such initial variety when it is predominantly derived from
such initial variety or from a variety that itself is
predominantly derived from such initial variety while
retaining the expression of the essential characteristics that
result from the genotype or combination of genotype of
such initial variety and it is clearly distinguishable from
such initial variety.
8. WHAT ARE NON-REGISTERABLE PLANT
VARIETIES IN INDIA
All plant varieties cannot get legal protection in
India. Certain Plant varieties are excluded from the
protection under PPVFRAct 2001.
• . Varieties on exploitation are harmful to ecosystem
(Human, Animals, Plants & Environment)
• Genetic use restriction technology (GURT) &
Terminator technology
• Genus/ species not notified in official gazette at the
time of filling application
9. WHAT ARE THE CRITERIA FOR PROTECTING A
PLANT VARIETY
To be eligible for protection, the plant variety must
be:
• Distinct: A variety should be clearly distinguishable
by at least one essential characteristic from existing or
commonly known varieties in any country at the time
of filing of the application.
• Uniform: A Variety must be sufficiently uniform in its
essential characteristics.
• Stable: Essential characteristics of a variety must be
stable after repeated propagation or in the case of a
particular cycle of propagation at the end of each
cycle.
10. WHAT IS THE DURATION OF PROTECTION
FOR A REGISTERED PLANT
VARIETY
⚫Trees and Vines: 18 Years
⚫Other crops: 15 Years.
⚫Extant Varieties: 15 Years from the date of
notification of that variety by the Central Government
under SeedAct, 1966.
11. WHO CAN APPLY FOR THE REGISTRATION OF A
PLANT VARIETY
Any person claiming to be the breeder of the variety;
or any successor of the breeder of the variety or any
person being the Assignee or the breeder of the
variety in respect of the right to make such
application or any farmer or group of farmers or
community of farmers claiming to the breeder of the
variety or any person authorised to make application
on behalf of farmers or university or publicly funded
agricultural institution claiming to the breeder of the
variety.
12. NEED TO DEPOSIT SEED OR PROPAGATING
MATERIAL BEFORE REGISTRATION
Yes, the deposition of seeds is necessary for DUS test
conducted by PPV & FR authority. The applicant
needs to deposit the fixed amount of seed or
propagating material with prescribed germination
percentage, physical purity and phyto- sanitary
standards along with the seed quality test report to
the authority.
13. WHAT ARE THE EXEMPTIONS PROVIDED
UNDER THE ACT
• Farmers Exemption: Farmer shall be entitled to
produce, save, use, sow, re-sow, exchange, share or
sell his farm produce including seed of a variety
protected under thisAct.
• Researchers Exemption: Researchers are allowed to
(i) use the registered variety for conducting
experiment (ii) use the variety as an initial source of
variety for the purpose of creating other varieties.
14. PLANTS ARE COVERED UNDER THE PPVFR
ACT, 2001
• As of now following 18 plant species can be registered
under the Act.
• Cereals: Rice, Wheat, Maize, Sorghum, Pearl Millet.
• Legumes: Chickpea, Mung bean, Urd bean, FieldPea,
Rajmash, Lentil, Pigeaon Pea.
• Fibre Crop:
Four species of cotton namely Gossypium Arboreum
L. and G. Herbaceum L.(Diploid Cotton) and G. Barbadense
L. and G. Hirsutum L. (Tertaploid Cotton)
Two species of Jute (Corchorus Olitorius L. and C.
Capsularis L.)
15. THE RIGHTS ENJOYED BY THE OWNER OF
VARIETY/BREEDER’S RIGHTS
The ownerof the protected variety has
the following rights
a.To produce
b.To Sell
c.To market
d.To distribute
e.To import and
f.To export the variety.
16. PROCEDURE FOR FORM FILING
⚫Eligibleperson to file applicationat Plant Variety
Registry.
⚫Registrar to examine and on satisfaction accept
application.
⚫Advertise the application for Public opinion.
⚫Register in case no opposition.
⚫Register the Variety and open for public for
validation.
17. What comprises a plant variety protection Application
Form?
⚫1. Form I - for registration of new variety, extant
variety and farmer’s variety and
⚫2. Form II - for essentially derived varieties (EDVs)
and transgenic varieties.
⚫3. Technical Questionnaire attached with Form I and
Form II – for detailed information of the concerned
variety.
⚫These filled application forms must be accompanied
by the fee prescribed by the Authority.
18. cost of registering a plant variety
Particulars Rupees
1 form charges 200
2 DUS test fee 20,000
3 Annual fee 2000
Others
4 Registration Charges 5000
5 DUS Testsite visit charges 500
19. current status of the applications for registration
under PPV&FR act
A total around 1200 applications for registration have
been received by the authority that includes
284 -new applications for new varieties.
900- applications for extant varieties &
9- applications for farmer’s variety
20. Acts not considered to be infringement
Researcher Rights (Sec 30) :
Useof variety forresearchand experimental
purposesallowed
Useof varietyas an initial variety forthecreation
of a newvarietyallowed
Repeated useof thevariety forcommercial
production of a new variety is not allowed
without theauthorization of the breederof the
registered variety.
21. Farmers’ Rights (Sec 39)
⚫Has the same privilege with respect to a breederof a
variety
⚫A farmers’ variety shall be entitled for registration if
a declaration has been made that the initial variety
has been lawfully obtained
⚫Can save, use, sow, resow, exchange, share or sell his
farm produce
including seed of a protected variety
⚫The farmer as such cannot sell branded seeds of a
protected variety
⚫A farmercan claim damages if the seed of the
protected varietydoes not give theyield as stated by
the breeder.
22. Objectives of Plant Variety Protection
1. To establish an effective or Sui generis system for protection
of plant variety for the International recognition of the
National Plant Variety Protection System.
2. Safeguards the interest of plant breeders
3. To recognize and protect farmers’ right for their contribution
in conserving, improving and making available plant genetic
resources for development of new plant varieties
4. Encouragement of investment in Plant Breeding
23. General functions of the Authority
⚫Registration of new plant varieties, EDV and extant varieties
⚫Developing DUS test guidelines for new plant species
⚫Developing characterization and documentation of registered
varieties
⚫Cataloging facilities for all variety of plants particularly tribal and
rural community
⚫Maintenance of the National Register of Plant Varieties
⚫Maintenance of National Gene Fund
24. Farmer’s Rights
Entitled
to:
• Save, use,
sow resow,
exchange
or sell his
farm
produce
Compensa
tion for:
• Failure of
expected
performance
of registered
variety
Protection
Against:
• Innocent
infringeme
nt
Exemption
from:
• Payment of
DUS testing
fee
25. Rights to:
a)Produce
b)Sell, market, distribute
c)Import or export seeds of the protected
variety
Breeders authorization for production or
commercial exploitation of protected variety
Penalties for infringement of Breeder’s right
BREEDERS RIGHT
26. Researcher’s Rights
⚫Use of registered variety for conducting research
⚫Use of variety as an initial source of variety for
purpose of creating other varieties provided that
the authorization of the breeder of a registered
variety is required
27. Opposition noticewith prescribed feewithin 3
months
A copyof opposition notice referred by registerto
applicant
Counterstatement byapplicantwithin 2 months
Registrarreferacopyof counterstatement to
opposition and requiring submission of final
opposition
Registrarshall hear both the parties
Invitations of objections within 3 months
28. Conduct DUS test (2 years at 2 location)
Found distinct, uniform, stable and new
Issue of certification of registration
Publication of contents of certificate and
invites claims of benefit sharing
After considering evidences, Registrar may
uphold or reject opposition
29. Breeder may submit his notice of opposition to
claim within 3 months
Evidences given by both parties duly considered by
the authority while disposing of any claim for
benefit sharing
If claims are found to be genuine, breeder has to
deposit amount of benefit sharing
On receiving claims authority send a copy of claims
to breeder of registered variety
30. Benefits of Plant Variety Protection
Protection of Breeder’s Rights
⚫Bygranting Certificatesof
Registration
⚫By granting exclusive rights to
produce, sale, market,
distribute, importorexport the
seeds of Protected Variety
31. Protectionof Researcher’s
Rights
⚫Can use any protected Variety
forexperimental purpose
⚫ Can use itas an initial source
todevelopothervarieties
Benefits of Plant Variety
Protection
32. Protection of Farmer’s Rights
⚫Rights to use seed of protected
variety for sowing, resowing,
exchange and sale of its
produce except in brand name
⚫Right to registerTraditional
Varieties as breeder
⚫Right to get Rewards and
Recognition from Gene Fund.
32
9/22/2014
33. Considerations for effective
implementation of the Act
1. Notification of crops species
The criteria for selecting the crops could be the crops on
which we are dependent for food and nutritional security,
including major cereals, pulses, oilseeds, vegetables and fruit
crops
Crop species important for India in the world trade,
species of Indian origin.
34. 2. Awareness generation
Awareness among scientists, policy makers and
breeders as well as farmers, village communities
and the private seed sector
Awareness generation and information empowerment
is a must through vernacular press, radio, television
and the Internet
In order to ensure that the farmer as a breeder and
conserver secures the recognition and reward
provided under theAct
35. 3. Institutional structure for effective
implementation
a. The registration of extant and new plant varieties subject to
such terms and conditions and in the manner as may be
prescribed
b. Developing characterization and documentation of
varieties registered under thisAct
c. Documentation, indexing and cataloguing of farmers varieties
d. Compulsory cataloguing facilities for all varieties of plants
36. (e)Collecting statistics with regard to plant varieties
including the contribution of any person at any time
in the evolution of development of any plant variety
(f)Seeds of variety registered under theAct should
be made available to the farmers
(g)Ensuring the maintenance of the Register of
plant varieties
37. 4. Storage of reference samples
Important component of this act
Requires enough and appropriate storage
infrastructure
Storage of vegetatively propagated materials
requires specialized techniques and competence
Scientific personnel need to be trained accordingly and
specific centers would have to be identified and
equipped for this purpose
