Ppvr & farmers right

PROTECTION OF PLANT VARIETIES AND
FARMER’S RIGHTS
Registration of Plant Varieties under
PPV&FR
PPV & FR ACT, 2001 and
Farmers’ Rights
PPV & FR ACT, 2001 and
Farmers’ Rights

• To protect the intellectual property associated with the development of
plant varieties in fulfilment of an agreement signed by India under the
World Trade Organization (WTO).
• To recognize the rights of farmers arising from their contribution in
conserving, improving and making available plant genetic resources to
develop new plant varieties.
• To stimulate public and private investment in plant breeding to
accelerate agricultural Development and
• To ensure high quality seed and planting material to farmers by
promoting the seed industry.
Why Protect Plant Varieties?Why Protect Plant Varieties?

• India is an observer in “International
Union for the Protection of New
Varieties of Plants” (UPOV)
• Under UPOV system, rights are granted
to the breeders and not to the farmers.
India and UPOVIndia and UPOV

PPV& FR Act, 2001PPV& FR Act, 2001
 India is a Member of the World Trade Organization and also signed the agreement on
Trade Related Aspects of the Intellectual Property Rights (TRIPS)
 Article 27.3 (b) of the TRIPS requires that member states have to protect the plant
varieties either by patents, or by an effective sui generis system or by combination of
both.
 India opted for the sui generis system for the protection of plant varieties giving
importance to the farmers' rights, as enjoyed by them over centuries.
 India enacted the Protection of Plant Varieties and Farmers Right Act, 2001
 PPV& FR Authority has been established under section 3 of the Act in November,
2005 to implement the provision of PPV & FR Act, 2001
 The PPV& FR Act is in conformity with the provision of ITPGRFA and also UPOV
1978 Convention.
 In tune with the concept enshrined in the Treaty, the Indian legislation on Protection of
Plant Varieties & Farmers' rights, recognizes and protects the rights of the farmers for
their contribution in conserving, improving and making available plant genetic
resources for the development of new plant varieties.
 The Act tries to balance farmers' rights and breeders' rights.

Convention
Countries
Important
provisions
of the
PPV&FR
Act, 2001
National
Gene Bank
& Field
Gene Bank
Appellate
Tribunal
Plant Variety
Journal
Infringements,
offences &
penalties
Farmers’
Rights
Breeders’
Rights
Researchers’
Rights
Community
Rights
Compulsory
License
DUS centres,
special labs
and projects
Gene Fund
and
Recognition
Awards
Benefit
Sharing

“farmers” means any person who-
•cultivates crops by cultivating the land himself; or
•cultivates crops by directly supervising the cultivation of
land through any other person; or
•conserves and preserves, severally or jointly, with any other
person any wild species or traditional varieties or adds value
to such wild species or traditional varieties through selection
and identification of their useful properties;
Who is farmer?Who is farmer?

Farmers’
variety
Farmers’
variety
• Has been traditionally cultivated
and evolved by the farmers in
their fields; or
• Is a wild relative or land race or a
variety about which the farmers
possess the common knowledge.

New Variety
Extant Variety
• Notified under Seeds Act, 1966
• Farmers Variety
• Variety of Common Knowledge
Essentially Derived Variety
Varieties that can be protectedVarieties that can be protected

Breeders Rights (Section 28)Breeders Rights (Section 28)
 An exclusive right on the breeder or his
successor, his agent or licensee, to produce,
sell, market, distribute, import or export the
variety.
 A breeder may authorize any person to produce,
sell, market or otherwise deal with the variety
registered under this Act.
 Breeder shall enjoy provisional protection of his
variety against any abusive act committed by
any third party during the period between filling
of application for registration and decision taken
by Authority.

Researcher’s Rights (Sec 30)Researcher’s Rights (Sec 30)
Section 30 states that:
Nothing contained in this Act shall prevent-
(a)The use of any variety registered under this Act by any
person using such variety for conducting experiment or
research
(b)The use of a variety as an initial source of variety for
the purpose of creating of other varieties:
Provided that the authorization of the breeder of a
registered variety is required where the repeated use of
such variety as a parental line is necessary for
commercial production of such other newly developed
variety.

Farmers’ Rights (Section 39)Farmers’ Rights (Section 39)
Farmers right on seed :
To save their own seed from their crop and use it for sowing,
re-sowing, exchanging, sharing and selling to other farmers
provided that Farmer will not be entitled to sell branded seed
of a protected variety.
Right to register traditional varieties :
Traditional varieties developed or conserved by farmers and
new varieties developed by them are eligible for registration.
Farmers right for reward and recognition :
Important role played by farmers individually or collectively
as community for conservation of varietal wealth of crop
plants, now being recognized.

Right to compensation:
In the event a farmer is unable to achieve the claimed performance of new
variety, PBR holder will be liable to pay compensation to the affected
farmers.
Farmers Right for protection against infringement :
Considering poor legal literacy prevailing among Farmers and to
discourage legal harassment through infringement proceeding a safeguard
to farmers against innocent infringement is provided in the Act.
Farmers Right for receiving free services :
Farmers are exempted from any fee in any proceeding before Registrar or
Authority or Tribunal or High Court.

• Farmer’s variety application exempt from filing
GURT affidavit. Farmers are also exempted from
filing “affidavit sworn by the applicant that such
variety does not contain any gene or gene
sequence involving terminator technology”.

Benefit Sharing (Section 26)Benefit Sharing (Section 26)
• The claims under benefit sharing can be submitted by
Citizens of India or Firms/ NGOs formed or established in
India.
• Such claims after due examination and after receiving
counter-claims will be disposed by the Authority.
• The amount thus determined shall be deposited by the
breeder in the manner referred to in clause (a) of sub-
section (1) of section 45 in the National Gene Fund.

Rights of Communities (Sec 41)Rights of Communities (Sec 41)
• This Section provides for settlement of any
claim attributable to the contribution of the
people of that village or local community,
in the evolution of any variety registered
under this Act.
• Compensation to be determined by
PPV&FRA and deposited in Gene Fund

Compulsory Licensing (Sec 47)Compulsory Licensing (Sec 47)
After the expiry of 3 years of issue of certificate of
registration , any person can appeal on ground of inadequate
seed supply/ not reasonable price from the breeder to
undertake production, distribution and sale of seed
Authority will hear both parties and in public interest, may
order breeder to grant a license to the applicant on payment of
a fee
Period of compulsory license will be maximum up to period
of protection
Authority can settle terms and conditions, revoke or modify
compulsory license

InfringementInfringement
• Not being a Breeder sells, exports, imports or produces
such variety having identical or deceptive denomination
without permission of Breeder.
• Provisions of Penalty has been provided under the Act for
applying / selling a variety with false denomination or
falsely representing a variety as a registered variety.
Penalty is non cognizable – bailable – compoundable-
triable by any Magistrate. Provisions for penalty for
subsequent offence has also been provided.
PenaltyPenalty

Crop species notified for registrationCrop species notified for registration
Group No. Crop Species (57)
Cereals 8 Rice, Wheat, Maize, Sorghum, Pearl millet Durum wheat,
Dicoccum wheat and other Triticum species
Legumes 7 Chickpea, Mungbean, Urdbean, Field pea, Rajmash, Lentil
and Pigeon pea
Fibre Crops 6 Diploid cotton (two species), Tetraploid cotton (two species)
and Jute (two species)
Oilseeds 11 Indian mustard, Karan rai, Rapeseed, Gobhi sarson,
Groundnut, Soybean, Sunflower, Safflower, Castor, Sesame
and Linseed
Sugar Crops 1 Sugarcane
Vegetables 10 Tomato, Brinjal, Okra, Cauliflower, Cabbage, Potato, Onion,
Garlic, Ginger and Turmeric
Flowers 5 Rose, Chrysanthemum, Orchids
Spices &medicinal
plant
7 Black pepper, Small cardamom, Isabgol, Menthol mint,
Damask Rose, Periwinkle and Brahmi
Fruits & Plantation 2 Mango and Coconut

Annual feeAnnual fee
Benefit sharing
amount
deposited
Benefit sharing
amount
deposited
Contributions
from National &
International
Organizations
Contributions
from National &
International
Organizations
Any other activity
indicated in the Act
Any other activity
indicated in the Act
Reimbursement of
compensation
Reimbursement of
compensation
Supporting
conservation
Supporting
conservation
National Gene FundNational Gene Fund
Compensation
amount deposited
Reimbursement of
Benefit shares
Reimbursement of
Benefit shares
Section 45 of the ActSection 45 of the Act
National Gene Fund
Constituted by the
Central Government
In Flow Out
Flow

Certificate of RegistrationCertificate of Registration

Duration of ProtectionDuration of Protection
Type of
variety
Period of protection
(in years)
Validity
Total Initial Extende
d
Trees &
Vines
18 9 9 from date of registration
Other Crops 15 6 9 from date of registration
Extant
Notified
varieties
15 from date of notification of
variety under the Seeds Act,
1966 in the Gazette)

Activities under National Gene FundActivities under National Gene Fund
• Recognition of farmers/farming
communities engaged actively in
conserving genetic resources. Nine
farmers/farming communities have
been recognized so far.
• Plant Genome Savior Community
Recognition Award – Under the
provisions of Rule 70(2) of the Act,
under ‘Gene Fund’ Authority will award
to a maximum of five farmers/farming
communities with Rs. 10 lakhs each as
a support to them for conservation and
sustainable use of genetic resources.

Plant Genome Savior Community Recognition AwardPlant Genome Savior Community Recognition Award
• Two farming Communities have been awarded
by the Authority for the year 2009-10
1. Panchabati Gramya Unayana Samiti, Odisha
for their contribution on conservation of
traditional land races of rice in Koraput region,
Odisha.
2. Kopatgiri Nandiveerimath Seva (KNS)
Foundation, Karnataka for outstanding work on
conservation and documentation of rare and
endangered medical plant species in Kopatgiri
Hills.

PROTECTION OF PLANT VARIETIES AND
FARMER’S RIGHTS

INDIAN AGRICULTURE:
STRENGTHS & WEAKNESSES
•INDIA IS RICH IN AGRO-BIODIVERSITY;
•SUBSISTENCE AND MARGINAL FARMING
WITH SMALL LAND HOLDINGS;
•LARGE POPULATION DEPENDS ON
AGRICULTURE;
•SEED REQUIREMENT MAINLY THROUGH
INFORMAL SYSTEM-FARMERS SAVED
SEED;

Quantum jump in the food grain
production through
- introduction of dwarf genes especially in
Wheat & Rice
- better input management
- enhancement of area under these crops
Green revolution

Oryza nivara
Grassy stunt virus strain 1
saved rice cultivation in Asian fields
Resistance gene
Downy mildew of muskmelon
Precious Indian genes
Resistance to
Will it be continued?

ISSUES REQUIRING ATTENTION
•TRADITIONAL USE OF PLANT GENETIC RESOURCES IS
SOCIO-CULTURALLY AND ECONOMICALLY CRUCIAL;
•ESSENTIAL TO AVOID UNREGULATED EXPLOITATION OF
BIODIVERSITY & RELATED KNOWLEDGE;
•AS PLANT VARIETIES DECIDE UPPER BOUNDARY OF
PRODUCTIVITY, OWNERSHIP AND CONTRIBUTION OFPGR-
VITAL ISSUE;
•RECOGNITION OF FARMERS AS A CULTIVATOR, BREEDER
AND CONSERVER, TO PROTECT:
-RIGHTS OF FARMERS
-RIGHTS OF VILLAGE AND LOCAL COMMUNITIES

CONCEPT OF IPRs IN
AGRICULTURE
•NEED TO PROVIDE:
-INCENTIVES TO INSTITUTIONS/INDIVIDUALS/ORGANISATIONS
ENGAGED IN CREATIVE WORK
-MONITORY RETURN ON INVESTMENT IN RESEARCH
-PLANT BREEDERS’ RIGHTS FOR SUSTAINING PLANT BREEDING
ACTIVITY.
•ADEQUATE PROTECTION AND RECOGNITION OF FARMERS AS
SUPPLIERS OF GERMPLASM;
•PLANT BREEDEERS’ RIGHTS WILL HELP IN:
-STIMULATING RESERCH AND DEVELOPING NEW VARIETIES OF
PLANTS.
-FACILITATING GROWTH OF SEED INDUSTRY.
-ENSURING HIGH QUALITY SEED TO FARMERS.
-ACCELERATING AGRICULTURE GROWTH.

UPOV Convention
(UPOV derived from French name of the organization
Union Internationale pour la Protection des Obtentions
Vegetales)
Paris, 1961
International Convention for the
Protection of New Varieties of
Plants

Mission of UPOV
To
provide and promote an effective system of plant
variety protection with the aim of encouraging
the development of new varieties of plants for the
benefit of society

•Convention entered into force in
1968
•Revised in Geneva in 1972, 1978
and 1991
•Act entered into force as
1978 Act
1991 Act

How to achieve the mission
Acknowledging the achievements of breeders of new varieties of
plants by granting intellectual property right (PBR) on the basis of
a set of clearly defined principles

UPOV Act 1978 vs 1991
Feature 1978 1991
Protection coverage Plant varieties of
nationally defined
species
Plant varieties of all
genera and species
Requirements for
protection
Distinctness
Uniformity
Stability
Novelty
Distinctiness
Uniformity
Stability
Duration of protection Minimum 15 years Minimum 20 years
Scope of protection Commercial use of the
reproductive material of
the protected variety
Commercial use of all
material of the protected
variety
Breeder’s exemption Yes Yes except for
essentially derived
varieties
Farmer’s privilege Yes Optional

Farmer’s Privilege
As per UPOV Act (1978)
• Farmers can use their own produce from a
protected variety without any obligation to
PBR title holder
• No exchange of seeds between farmers
As per UPOV Act (1991)
• Left it to the National laws

Situation is different from that
in the developed countries as
• Plant breeding activity is mainly carried out by the
public sector
• Private sector is not yet a major contributor
• Farmers are the major supplier of seeds

STATUS OF IPRs IN INDIA FOR
PROTECTING PLANT VARIETIES
•PRESENTLY INDIA DOES NOT HAVE ANY PLANT
VARIETIES PROTECTION LAW;
•NO EXISTING SYSTEM OF REGISTRATION OF PLANT
VARIETIES FOR PROTECTION OF PLANT BREEDERS;
•AGRICULTURAL RESEARCH & VARIETAL DEVELOPMENT
HAS MAINLY BEEN THE CONCERN OF GOVT. & PUBLIC
INSTITUTIONS;
•NEWLY DEVELOPED PLANT VARIETIES ARE NOTIFIED
AND RELEASED UNDER THE SEEDS ACT, 1966;

INDIA’S CHOICE FOR A
‘SUI GENERIS’ REGIME
•ARTICLE 27.3(b) OF TRIPS AGREEMENT PROVIDES
FREEDOM TO MEMBER COUNTRIES IN FRAMING THEIR
OWN SYSTEM-PATENT OR EFFECTIVE SUI GENERIS;
•INDIAN PATENTS ACT, 1970 EXCLUDES AGRICULTURE
AND HORTICULTURE METHODS OF PRODUCTION FROM
PATENTABILITY;
•THE INDIAN SUI GENESIS SYTEM SATISFIES:
-NATIONAL INTEREST – SUSTAINABLE
AGRICULTURE DEVELOPMENT
-BALANCE BETWEEN PBR, FARMERS’ RIGHTS &
RESEARCHER’S RIGHTS

India is obliged under TRIPs to
adopt UPOV Act (1991)
- either allow patents or
- enact a sui generis PBR system affords protection
equivalent to UPOV ACT (1991)

Basmati Rice Lines and Grains
Rice tech Inc
Texas based company
US patent (No. 5,663,484) in 1997

Rice Tec
Trade mark-Texmati brand

JASMINE RICE
A US patent was awarded to Rice Tec for a rice called Jasmati
described as Texas grown copy of Jasmine rice from Thailand

TURMERIC PATENT
US patent No.5401504
to two NRI researchers from university
of Mississippi in March 1995
a re-examination of the patent
CSIR On 28 th
October 1996

RATIONALE FOR SUI-GENERIS SYSTEM
•INDIA HAS DECIDED TO ADOPT SUI GENERIS’S SYSTEM
ON ACCOUNT OF:
–NEED TO INCORPORATE EQUITY CONCERNS
–RIGHTS OF FARMERS
–RIGHTS OF VILLAGE COMMUNITY
–RIGHTS OF RESEARCHERS
•GREATER FLEXIBILITY IN REGARD TO:
–PROTECTED GENERA/SPECIES OF VARIETIES
–LEVEL AND PERIOD OF PROTECTION
–SUSTAINABLE DEVELOPMENT OF AGRO BIO-DIVESITY.
•BENEFIT SHARING ARRANGEMENT.
–

INDIA’S APPROACH TO PROTECTION OF
PLANT VARIETIES
•FORMULATED THROUGH A PROCESS OF
BROAD BASED CONSULTATION WITH THE
STAKEHOLDERS AND E XTENSIVE PUBLIC
DEBATE;
•INTERFACE WITH RELATED IPRs;
•NATIONAL TREATMENT TO BREEDERS OF
CONVENTION COUNTRIES;
•IN CONFORMITY WITH UPOV CONVENTION 1978
ACT.

The Protection of Plant Varieties and
Farmers’ Rights Act,2001
Act 53 of 2001
30th
Oct.,2001
An Act to
- establish effective system for protection of
plant varieties
rights of farmers
rights of breeders
- encourage development of new varieties
- facilitate growth of seed industry and ensure
high quality seeds

The Gazette of India 30th Oct,
2001

 PPVFR Act Passed in 2001
 Rules notified on September 12, 2003
 Authority established November 11, 2005
 Regulations framed notified December 7, 2006
 PPVFR Act already enacted
STATUS OF PPVFR ACT

THE PROTECTION OF PLANT VARITIES AND
FARMERS’ RIGHTS ACT 2001 – INDIA
• Objectives:
• Protection of the rights of farmers for their contribution
made at any time in conserving, improving and making
available plant genetic resources for the development of
new plant varieties.
• Protection of Plant Breeders Rights to stimulate investment
for research and development, both in the public and
private sector for development of new plant varieties.
• Giving effect to Article 27.3(b)of the TRIPs Agreement.

PLANT GENE
SAVIOR COMMUNITY
RECOGNITION
KISAN PURUSKAR – KISAN
SAMMAN

Coverage of varieties
New Varieties (genera and species which can be
registered will be notified subsequently)
Extant varieties
Farmers varieties
Breeders can exercise their rights over any variety that is
essentially derived from the protected variety. Provided
that the authorisation by the breeder of the initial variety
to the breeder of edv is on mutually agreed upon terms
and conditions.

Rights in PPV & FR Act 2001
PBR title
allows to
commercialize
Free access to
registered
varieties for research
Penalties for
infringing
breeder’s rights
Compulsory
licensing
Exclusion of certain
varieties
from protection
Farmers Breeders Public Interest
Benefit sharing
Protection
from spurious
seeds
Contributors of landraces
Exemption of fees
Disclosure
Save
Exchange
resow
use
Sow
Share
PBR title
allows to
commercialize

EXTENT: ALL CATEGORIES OF PLANTS
EXCEPT MICRO-ORGANISMS.
NOTIFICATION: GOVT. TO NOTIFY
GENERA/SPECIES OF VARIETIES FOR
PROTECTION.
ELIGIBILITY: VARIETY MUST BE NEW,
DISTINCT, UNIFORM AND STABLE (DUS).
PERIOD OF PROTECTION:
18 YEARS – TREES & VINES
15 YEARS – OTHER PLLANTS 7 EXTANT
VARIETIES
FEATURES OF PROTECTION

PROTECTION TO REGISTERED
VARIETIES;
PLANT VARIETIES REGISTRY AND ITS
OFFICES TO FACILITATE REGISTRATION;
REGISTRAR GENERAL OF PLANT
VARIETIES AND REGISTRAR’S
RESPONSIBLE FORLELGISLATION;
NATIONAL REGISTER OF PLANT
VARIETIES TO CONTAIN DETAILS OF ALL
THE REGISTERED PLANT VARIETIES.
REGISTRATION OF
PLANT VARIETIES

PLANT VARIETIES WHICH MAY BE
REGISTERED
•GENERA AND SPECIES OF NEW PLANT VARIETIES – AS
NOTIFIED BY THE CENTRAL GOVERNMENT UNDER
SECTION 29(2) OF THE ACT;
•EXTANT VARIETY -
–NOTIFIED UNDER SECTION 5 OF THE SEEDS ACT 1966.
–FARMERS’ VARIETY.
–A VARIETY ABOUT WHICH THERE IS A COMMON
KNOWLEDGE.
–ANY OTHER VARIETY IN PUBLIC DOMAIN.

CRITERIA FOR REGISTRATION
•NEW PLANT VARIETIES -
–NOVELTY, DISTINCTNESS, UNIFORMITY AND STABILITY.
•EXTANT VARIETIES -
–DISTINCTNESS, UNIORMITY AND STABILITY AS
PRESCRIBED.

BREEDERS OR THEIR SUCCESSORS OR
ASSIGNEES;
FARMER OR GROUP/COMMUNITY OF
FARMERS WHO HAVE BRED OR
CULTIVATED OR CONSERVED THE
VARIETY;
UNIVERSITY OR PUBLIC FUNDED
AGRICULTURAL INSTITUTION WHO HAS
BRED THE VARIETY.
REGISTRATION BY

BREEDER TO FURNISH INFORMATION ON
GEOGRAPHICAL LOCATION OF PLANT GENETIC
MATERIAL FOR DEVELOPMENT OF THE NEW
VARIETY;
CERTIFICATE OF REGISTRATION TO PRESCRIBE
THE CONDITIONS OF ENTITLEMENT.
ONE TIME RENEWAL, AT THE END OF SIX YEARS
IN CASE OF ANNUAL CROPS AND 9 YEARS IN CASE
OF TREES AND VINES, ON PAYMENT OF
PRESCRIBED FEE;
REGISTRATION WILL BE FOREFEITED IF ANNUAL
FEE IS NOT PAID.
REGISTRATION

PREVENTION OF THEIR COMMERCIAL
EXPLOITATION TO PROTECT PUBLIC
ORDER OR PUBLIC MORALITY OR HUMAN,
ANIMAL AND PLANT LIFE AND HEALTH
OR TO AVOID SERIOUS PREJUDICE TO
THE ENVIRONMENT;
VARIETY IN QUESTION INVOLVES ANY
TECHNOLOGY SUCH AS ‘GENETIC USE
RESTRITION TECHNOLOGY’, WHICH IS
INJURIOUS TO THE LIFE OR HEALTH OF
HUMAN BEINGS, ANIMALS OR PLANTS;
EXCLUSION FROM
REGISTRATION

BREEDERS RIGHTS
•RIGHTS TO -
–PRODUCE,
–SELL, MARKET, DISTRIBUTE,
–IMPLORT/EXPORT SEEDS OF THE PROTECTED VARIETY,
•BREEDERS AUTHORISATION FOR PRODUCTION &
COMMERCIAL EXPLOITATION OF THE PROTECTED
VARIETY.

RIGHTS TO SAVE, USE, EXCHANGE, SHARE AND
SELL FARM PRODUCE OF A PROTECTED
VARIETY, EXCEPT SALE OF BRANDED SEED;
FARMERS RECOGNIZED AS BREEDERS,
CONSERVORS, PRESERVORS AND CULTIVATORS
OF TRADITIONAL VARIETIES;
RECOGNITION AND REWARD FROM NATIONAL
GENE FUND;
REGISTRATION OF EXTENT VARIETIES
INCLUDING FARMERS’ VARIETIES;
FARMERS TO BE COMPENSSATED FOR LOWER
THAN SPECIFIED YIELD;
FARMERS EXEMPTED FROM PAYMENT OF FEES;
FARMRS TO BE PROTECTED FROM ACTS OF
INNOCENT INFRINGEMENT.
FARMERS’ RIGHTS

RECOGNITION OF THE ROLE OF
TRADITIONAL COMMUNITIES IN
CONSERVING AND PRESERVING GENETIC
RESOURCES OF LAND RACES AND WILD
RELATIVES;
COMEPNSATION FOR CONTRIBUTION OF
VILLAGE OR LOCAL COMMUNITIES IN
EVOLUTION OF A V ARIETY;
COMPENSATION TO BE DETERMINED BY
PVP AUTHORITY AND DEPOSITED IN GENE
FUND.
COMMUNITIES’ RIGHTS

SHARING OF BENEFITS ACCRUING TO A
BREEDER
•FROM A VARIETY DEVELOPED FROM INDEGENOUSLY
DERIVED PLANT GENETIC RESOURCES;
•ANY PERSON/GROUP OF PERSONS OR
GOVERNMENTAL/NON-GOVERNMENTAL ORGANISATIONS
CAN FILE CLAIM FOR BENEFIT SHARING FOR THEIR
CONTRIBUTION IN EVOLUTION OF VARIETY REGISTERED
UNDER THE ACT;
•THE CLAIM TO BE CONFIEND TO CITIZEN(S) OF INDIA OR
ORGANISATIOSN ESTABLISHED IN INDIA;
•QUANTUM OF AWARD TO BE DETERMINED BY PVP
AUTHORITY.

NATIONAL GENE FUND
•TO BE CONSTITUTED FROM -
–BEBEFIT SHARING PROCEED,
–ROYALTIES AND FEES,
–COMMUNITIES’ COMPENSATION, &
–CONTRIBUTIONS,
•TO BE UTILISED FOR -
–COMPENSATION TO BREEDERS, FARMERS, COMMUNITIES.
–CONSERVATION OF GENETIC RESOURCES FOR
SUSTAINABLE USE.

National Register of
Plant varieties
National Gene fund
Central Government
Benefit sharing
Meeting
compensation
ex situ & in situ
Conservation of
PBRs and
their use
Constituting

RESEARCHERS’ RIGHT
•FREE ACCESSTO PROTECTED VARIETIES FOR BONAFIDE
RESERCH PURPOSES.

COMPULSORY LICENCING
•IF SEEDS OF A PROTECTED VARIETY ARE NOT
AVAILABLE -
–IN ADEQUATE QUANTITY.
–AT REASONABLE PRICE.
•AUTHORITY MAY GRANT LICENCE TO A THIRD PARTY TO -
–UNDERTAKE PRODUCTION,
–DISTRIBUTION AND SALE OF THE SEED.

AUTHORITY FOR PROTECTION OF
PLANT VARIETIES & FARMERS’ RIGHTS
•INDEPENDENT AND PERMANENT BODY VESTED WITH
EXCLUSIVE AUTHORITY FOR IMPLEMENTATION OF THE
ACT;
•BROAD-BASED COMPOSITION: SCIENTISTS, STATE
REPRESENTATIVES, FARMERS/TRIBAL/WOMEN’S
ORGANISATIONS ETC.;
•STANDING COMMITTEE RO ADVISE THE AUTHORITY ON
ALL ISSUES INCLUDING FARMERS’ RIGHTS.

Indian
Plant Variety Protection law
- Progressive
- Pro-developing country
legislation
- Strong and proactive
farmer’s Rights
- Well defined Breeder’s Rights
- Balanced the breeder’s
-farmer’s rights exploiting
the flexibility granted in
TRIPs
- Incorporate principles laid
down in the 1992 convention
on Biological Diversity (CBD)
recognizes farmers’ role as
- Conservers
- Breeders
- Cultivators

Indian PVP law is the
- Ist law in the world to grant formal and legal rights to the
farmers
- Act as an alternative to the UPOV model

PVPPVP
 ENCOURAGE INNOVATION, SOCIETAL
BENEFITS, PLATFORM FOR R&D
 EFFECTIVE IMPLIMENTATION AND
ENFORCEMENT TO ACHIEVE THESE GOALS

“You Cannot
Build Peace
on Empty
Stomachs.”
John Boyd Orr
Nobel Peace Laureate
First FAO Director
General

Registration of Plant Varieties
GOALS OF PPV&FR Act, 2001
• To encourage the development of new varieties.
• To protect Plant Breeders’ Rights (PBR).
• To stimulate the growth of seed industry.
• To recognize and protect rights of farmers.
•

The PPV&FRA 2001, covers all
plants except micro organism
09/23/18 75

Registration of Plant Varieties
09/23/18 76
PPV & FR AUTHORITY
REGISTRATION
OF
PLANT VARIETIES
Farmers’ Rights
Gene Fund
National Gene
Bank
Benefit Sharing
Compensation to
Farmer’s
Compulsory License
Tribunal
Infringements,
Offences &
Penalties
Breeders’ RightsResearchers Rights

77
Breeding of the Variety
Application
Advertisement of Application
DUS Test
Registration of Variety
Payment of Registration Fee
Marketing
RejectionCorrection Order
Order to Change the
Denomination
Give ground for refusal
Refusal
Cancellation of Registration
For other reasons
Variety Registration
Approach
Benefit sharing / Gene fund

Varieties Eligible For Protection
• New
• Extant
• EDV
• Farmers’ Varieties
•
•
09/23/18 78

Criteria for Registration
• A new variety shall be registered for Breeders’ Rights if it
conforms to the criteria of
• (i) Novelty
• (ii) Distinctiveness
• (iii) Uniformity
• (iv) Stability
• The variety should also has a denomination in accordance with
the provisions of PPV&FR Act, 2001.

Essentially Derived Variety (EDV)
• EDV is predominantly derived from another variety or initial
variety, or from a variety that is predominantly derived from the
initial variety, retaining the expression of the essential
characteristics that result from the genotype or a combination of
genotypes of the initial variety. And is clearly distinguishable from
the initial variety except for differences that result from the act of
derivation, confirms to the initial variety.
• The plant variety developed from a initial variety through
transgenic approach, backcross derivative, mutants, chimera,
somaclonal variants, chimera and alike can come under the EDV.
09/23/18
80

Other Provisions under the Act
• Convention Country and Reciprocity
• Community Rights.
• Benefit Sharing.
• Gene fund.
• Compulsory License.
• Plant Varieties Protection Appellate Tribunal.
• Infringement.
• Penal Provisions.
•
09/23/18
81

• Considerations while filing an application for registration of Plant
Varieties under Protection of Plant Varieties and Farmers’ Rights Act,
2001
09/23/18
82

Documents to be attached with
the application
• PV-1: In cases where the applicant authorizes a person to
register a variety on behalf of the applicant and is to be
signed by the applicant.
• PV-2: As a documentary proof in cases of assignment or
succession, to be furnished in the manner specified in the
Form with supporting documents such as succession
certificate and / or assignment deed to be given.
• The name(s) and signature of the breeder(s) involved
should be made in PV-2 and should be countersigned by
the applicant.
09/23/18
83

Identity of applicant
• Institutional application will cover only applicants
from Public sector.
• Assignee of Breeder or Successor or institution or
farmers will be considered as legal representative of
applicant who will submit required proof of the right
for making the application in accordance with the
Rule.
• Others applicant can be considered for material
developed by participatory plant breeding
09/23/18
84

• The Individual breeder / farmer applying the application
independently will fill in their name and address in Column no. 2
(a) of the application form.
• Society, Institution, Community, NGOs, etc. registered under any
Act shall be treated as legal person and will fill Column no. 2(b)
of the application form.
09/23/18
85

Denomination of candidate variety
• Denomination should be clear and distinctive and
should be expressed by means of letters or a
combination of letters and figures written in any
language. Uniformity of denomination should be
maintained throughout the application and technical
questionnaire.
• In case of extant varieties, the denomination
published in the Gazette notification of Government
of India should be mentioned while applying for
registration of extant varieties.
09/23/18
86

Pedigree / genealogy/parental
material
• Complete information of development of the
candidate variety along with the stage of selection,
method of selection etc. should be mentioned.
• Distinctive characteristics of the parental material
involved in the development of the candidate variety
should be provided
09/23/18
87

Declarations
• A declaration that the genetic or parental material acquired for
breeding, evolving or developing the variety has been lawfully
acquired.
• Complete passport data of the parental lines from which the
variety has been derived along with the geographical location in
India from where the genetic material has been taken and all
such information relating to the contribution, if any , of any
farmer, village community, institution or organization in
breeding, evolving or developing the variety.
09/23/18
88

• The applicant should provide the particulars of the comparative
trials conducted by the applicant with reference to the DUS
characteristics along with the reference variety with the detail of
the technical programme of the trial.
• Methods of maintaining the candidate variety along with the
place where it will be maintained should be provided.
• The state / notes of the characteristics should be in accordance
to the specific guidelines of the respective crops as published in
the Plant Variety Journal of India Vol. 1 No. 1.
09/23/18
89

Commercial Exploitation of Candidate
Variety
• Date of first sale of candidate variety should be
clearly indicated in the specified column of the
application.
• Information regarding agronomic package practice
and protective measures for growing candidate
variety.
09/23/18
90

Applications for Transgenic varieties
• GEAC approval for commercialization of candidate
variety and bio safety clearance should be attached
along with the application.
09/23/18
91

Essentials for applications of extant
varieties
• PV I
• PV II
• Release proposal and copy of Gazette notification
details of the candidate variety
• Photographs
09/23/18
92

General considerations
• Every page of the application should be signed at the bottom of the page
by the applicant and the Technical Questionnaire to be signed by the
applicant.
• The sequence of columns should be same as in the application published
by the Authority.
• Always tick mark the attachments enclosed with the application in the
list of enclosures.
• No column should be left blank in the application form.
• The bank draft enclosed with the application should not be older than
two months.
• Photographs of the specific distinct traits for which candidate variety is
derived should be provided as per the dimensions and other
specifications notified in the Plant Variety Journal of India Vol. 1 No. 3.
09/23/18
93

Implementation of Act
• PPV&FR Rules were notified in 2003.
• PPV&FR Authority established on 11th November, 2005.
• PPV&FR Regulations were notified in 2006.
• Publication of Plant Variety Journal of India was started from
February - March , 2007.
• General guidelines for DUS testing were published and released on
20th February, 2007.
• Crop specific DUS test guidelines for 12 crops were published and
released on 20th February, 2007.
• Registration for 12 crop species namely Rice, Bread wheat, Maize,
Sorghum, Pearlmillet, Chickpea, Green gram (Mungbean), Black
gram (Urdbean), Field pea/Garden pea, Kidney bean/French bean
(Rajmash), Lentil, Pigeon pea was started from 21st May, 2007.
• Specific DUS test guidelines for Cotton and Jute were published
and released in December, 2007.
09/23/18
94

• Registration for 6 species of 2 more crops namely Cotton and Jute
was started from 1st April, 2008.
• So far 1043 applications have been received for registration out of
which 257 are New , 779 Extant and 7 are Farmers’ Variety.
• The total numbers of applications received from Public sector are
637, private sector are 399, and Farmers’ are 7.
• 58 new varieties have been sent for DUS testing.
• Registration certificate has been issued for 40 extant varieties.
•
09/23/18
95

21.78%
15.62%
14.67%
11.01%
9.70%
8.99%
5.21%
2.96%
2.84%
2.84%
1.54%
1.30%
0.95%
0.59%
Cropwise Appications Received
Rice
Cotton
Maize
Pearl millet
BreadWheat
Sorghum
Chick pea
Pigeonpea
Fieldpea
greengram
Black gram
Lentil
Kidney bean
Jute
09/23/18
96

• More than 200 Extant Varieties notified under seed Act 1966 have
been recommended by EVRC for registration. Before registration
they are being published in PVJI for seeking opposition if any from
interested persons.
• National Gene Bank of the Authority was established in the
designated space provided by the NBPGR.
• 7 Task Force for finalizing DUS guidelines for Fruit crops,
Vegetable crops, Tea, Coffee and Rubber, Ornamental plants,
Medicinal and Aromatic plants, Spices and Tuber crops were
established.
09/23/18
97

Applications for Transgenic varieties• GEAC approval for commercialization of candidate variety and
bio safety clearance should be attached along with the
application.
• Information regarding agronomic package practice and
protective measures for growing candidate variety.
09/23/18
98

Essentials for applications of extant
varieties
• PVI
• PVII
• Release proposal and copy of Gazette notification
details of the candidate variety
• Photographs
09/23/18
99

Legal Aspects of
PPV&FR Act, 2001
09/23/18
100

Statutory Organs
• Plant Varieties Protection appellate tribunal
• Protection of Plant Varieties and Farmers Right
Authority
• Plant Varieties Registry
09/23/18101

Definition of Breeder
• Section 2 (C) of Act defines Breeder as follows : -
• “A person or group of persons or a farmer or
group of farmers or any institution which has bred,
evolved or developed any variety”
09/23/18102

Registerable Varieties
• New Variety
• Essentially Derived Variety
• Extant Variety
• Farmers’ Variety
09/23/18103

New Variety
• Novelty
• Based on Marketing
• In India – 1 Year
• Outside India – Trees and Vines 6 Years and other
case 4 years
09/23/18104

Extant Variety
• Notified under Seeds Act
• Farmers’ Variety
• Common Knowledge Variety
• Public Domain Variety
09/23/18105

Farmers’ Variety
• May be extant
• May be new
• May be EDV
09/23/18106

Criteria for Registration
• Distinct
• Uniform
• Stable
09/23/18107

Denomination
• Single and Distinct
• Should not be a Trade Mark
09/23/18108

Procedure for Registration
• Acceptance of Registrar:- Require to amend or
reject.
• Advertisement
• Opposition within 3 Months from the date of
advertisement
09/23/18109

Opposition
• Opponent entitled to Breeder Rights
• Public interest
• Adverse effect on environment
09/23/18110

Counter Statement
• Within 2 Months from the receipt of notice of
opposition
• Failing to file – Applicant deemed to have
abandoned the application
• Final Opposition- 30 days – C.S.
• Evidence – 1 Month – C.S. – Opponent
• Evidence – Applicant 30 days – O.E.
• Hearing and Judgment
09/23/18111

Rights of Breeder
• To Produce
• To Sell
• To Market
• To Distribute
• To import or export
09/23/18112

Benefit Sharing
• After registration Authority shall publish certificate
inviting claims
• Six months from the date of publication
09/23/18113

Assignment and Transmission
• Plant Breeder may assign his rights
• Rights of Plant Breeder may also be transmitted by
operation of law
09/23/18114

Assignment and Transmission
• Assignment – created by act of parties (ex., sale,
transfer etc.,)
• Transmission by operation of law (ex., death,
insolvency, winding-up, lunacy etc.,)
09/23/18115

Agent and Licensee
• Plant Breeder may Authorise Regd. Agent or Regd.
Licencee
• When terms of agreement are not followed by Regd.
Agent or Regd. Licensee then Plant Breeder can
apply to the Registrar for cancellation of agreement
09/23/18116

Application in a Convention Country
• When a Breeder has made an application in a
Convention Country and within 12 months makes an
application in India then if the variety is registered
then it shall be registered as on the date on which the
application was made in Convention Country.
09/23/18117

Application made in 2 or more
Convention Countries
• When application is made in 2 or more Convention
Countries then period of 12 months shall be counted
from the date on which the earliest of application
was made.
09/23/18118

Surrender of Registration Certificate
• A Breeder of variety Regd. under the Act may give
notice to Registrar to surrender registration
certificate.
• Notice to Agent or Licensee
• Opposition
• Hearing
• Decision by Registrar
09/23/18119

09/23/18120
Duration of registration
initial period of registration
• Nine years in case of trees and vines
• Six years in case of other crops

Renewal
• Trees and Vines – 18 years from the date of
registration of variety – Extd. period 9 yrs
• Extant Varieties 15 years from date of notification of
variety by central govt.
• Other Cases – 15 years – Extd. period 9 years
09/23/18121

Annual Fee
• Determined by Authority on basis of benefit or
royalty gained by the Breeder
• Breeder fails to pay Annual fee upto two
consecutive years – protection will be forfeited.
• Annual fee has to be paid every year for full
protection period
• Renewal fee for extended period
09/23/18122

Breeder’s Option - Renewal
• First Option – Breeder may renew it for remaining
period of total aggregate duration of validity
• Second Option – Breeder may renew it for a period
less than total aggregate duration
• Second Option – No further renewal
09/23/18123

Correction of any error in the register
• Correct name or address
• Change of name or address
09/23/18124

Farmers who has developed a new
Variety
• Entitled to registration and protection
09/23/18125

Reasonable Compensation
• When compulsory Licence is granted in respect of a
Breeder of a variety registered under the Act. the
Breeder is entitled to reasonable compensation
09/23/18126

Adjournment of Application for 12
Months
• Compulsory Licence application can be adjourned
for 12 months if Breeder shows reasonable cause for
not producing and making available the variety
09/23/18127

Appeals to Plant Varieties Protection Appellate
Tribunal (PVPAT)
• Breeder aggrieved by the decision of Registrar or
Authority may prefer appeal to PVPAT
• Transitional provision – IPAT
09/23/18128

Infringement
• Not being a Breeder sells, exports, imports or
produces such variety without permission of Breeder
• Uses, sells exports or imports any variety giving
such variety the denomination identical or
deceptively similar to denomination of variety Regd.
under Act
09/23/18129

Penalties
• Penalty for applying false denomination
• Penalty for selling varieties to which false
denomination is applied
• Penalty for falsely representing a variety as
registered
• Non Cognizable – Bailable – Any Magistrate
09/23/18130

Sec. 2 (k) defines a Farmer
• Cultivates crops by cultivating the land himself or
• Cultivates crop by directly supervising the cultivation of
land through any other person or
• Conserves and preserves, severally or jointly, with any
person any wild species or traditional varieties, or adds
value to such wild species of traditional varieties through
selection and identification of their useful properties
• and a farmers’ variety means a variety which
• has been traditionally cultivated and evolved by farmers
in their fields
• is a wild relative or land race of a variety about which the
farmers possess the common knowledge
09/23/18131

• Farmers’ Variety can also be registered as an extant variety.
• A farmer can save, use, sow, exchange, share or sell his farm
produce including seed of a variety protected under the PPV&FR
Act, 2001 in the same manner as he was entitled before the coming
into force of this Act provided the farmer shall not be entitled to sell
branded seed of a variety protected under the PPV&FR Act, 2001.
• Farmers who conserve Genetic Resources of Land races and wild
relatives of economic plants shall be rewarded from the “Gene
Fund”.
• There is also a provision for compensation to the farmers for non-
performance of variety under Section 39 (2) of the Act, 2001.
• Exempted from all fees.
Farmers' Right 09/23/18132

Can farmers sell branded seed?
 The PPV & FR Act prohibits
farmers from branding,
bagging and selling of
registered seed which they
might have multiplied in their
farm without the approval of
the rights holder.
09/23/18133

Researcher’s Rights
Researcher's can
 Use any variety registered under this Act for
conducting experiment or research.
 Use any variety registered under this Act as an
initial source for the purpose of creating other
varieties.
Provided that the authorisation of the breeder of a
registered variety is required where the repeated use
of such variety as a parental line is necessary for
commercial production of such other newly
developed variety.
09/23/18134

Ppvr &amp; farmers right

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