1. SIDDARUDH K. S. Ph.d shcolar UAS GKVK Bangalore
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 Rights Plant Breeder Rights are intellectual property
rights 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 farmers variety or any other variety which is
in public domain is considered as an Extant Variety.
7. CONTD c. Farmers 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. An EDV conforms to such initial variety that results from
the genotype or combination of genotype of 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 PPVFR Act 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 Seed Act, 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. WHERE TO FILE THE APPLICATION FOR THE REGISTRATION OF A
PLANT VARIETY For the purposes of Protection of Plant Varieites and
Framers Right Act, 2001 Protection of Plant Varieties and Farmers
Right Authority was established in October 2005 and its Head
Quarters is located at NASC Complex, DPS Marg, Opp-Todapur, New
Delhi 110 012. Any information regarding protection, application,
fee structure etc can be obtained from the office or at
http://www.Plantauthority.gov.in/
13. IS THERE ANY 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.
14. 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 this Act. 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.
15. WHAT 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, Mungbean, Urdhean, Field Pea, 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.)
16. WHAT ARE THE RIGHTS ENJOYED BY THE OWNER OF
VARIETY/BREEDERS RIGHTS The owner of 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.
17. PROCEDURE FOR FILING Eligible person to file application at
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.
18. What comprises a plant variety protection Application Form?
1. Form I - for registration of new variety, extant variety and
farmers 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.
19. 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
20. Why Protection for plants is required in India? Compliance
with TRIPS Some form of IPR protection is necessary for plants Can
be in the form of patent protection; or By a sui generis system; or
By a combination of both
21. Infringement (Sec. 64) Any one of the following done by a
person other than the owner or without his authorisation / license
Sells, exports, imports or exports a registered variety Sells,
exports, imports or exports a variety deceptively similar to the
registered variety
22. what is the current status of the applications for
registration under ppvfr 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 farmers variety
23. Acts not considered to be infringement Researcher Rights
(Sec 30) : Use of variety for research and experimental purposes
allowed Use of variety as an initial variety for the creation of a
new variety allowed Repeated use of the variety for commercial
production of a new variety is not allowed without the
authorization of the breeder of the registered variety.
24. Duty of the Breeder of a Protected Variety Shall in all
circumstances provide correctly the expected yield/performance
under a given set of conditions Shall ensure that the denomination
of the protected variety conforms with the description of the
protected variety
25. Duty of the Breeder of a Protected Variety Shall in all
circumstances provide correctly the expected yield/performance
under a given set of conditions Shall ensure that the denomination
of the protected variety conforms with the description of the
protected variety
26. Who is a Farmer ? A farmer is defined in the PPVFRA as :
Section 2(k) "farmer" means any person who-- i. cultivates crops by
cultivating the land himself; or ii. cultivates crops by directly
supervising the cultivation of land through any other person; or
iii. conserves and preserves, severally or jointly'. with any
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
27. Farmers Rights (Sec 39) Has the same privilege with respect
to a breeder of 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 farmer can claim damages if the seed of the
protected variety does not give the yield as stated by the
breeder.
28. Protection Against Unintentional Use (Sec 42) The act
provides farmers against the unintentional and accidental use of
the protected variety No infringement if the farmer was unaware of
the existence of the rights A relief granted as damages for
infringement shall not be granted if the farmer proves before court
that at that time he was unaware of the existence of such
right
29. Farmers Are Exempted From Fees (Sec. 44) Farmer or a group
of farmers not liable to pay Fees in any proceedings Including any
fees payable for inspection For obtaining any copy of a document or
a copy of a decision
30. A Compulsory Licensing System Section 47 If seeds of a
protected variety are not available after 3 yrs of registration in
adequate quantity, and at reasonable price, the Authority may grant
license to a third party to (a) undertake production, and (b)
distribution and sale of the seed on reasonable royalty
31. 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 9/22/2014 31
32. 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 9/22/2014 32
33. Registerable plant varieties in India A variety which is
not in public domain in India earlier than on 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. New
Varieties A variety which is notified under Seed Act, 1966 or a
variety about which there is common knowledge or farmers variety or
any other variety which is in public domain Extant 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
Farmers Variety 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
genotypes of such initial variety Essentially Derived Varieties
(EDV) 9/22/2014 33
34. Non-Registrable plant varieties in India Varieties on
exploitation are harmful to ecosystem (human, animal, plants &
environment) Genetic use restriction technology (GURT) or
terminator technology. Genus or species not notified in official
gazette at the time of filing application Not capable of
identifying such variety 9/22/2014 34
35. Streams Merged to the Act The three streams that merge to
the PPV & FR Act, 2001. Breeders Rights Researcher' s Rights
Farmers Rights 9/22/2014 35
36. Farmers 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 9/22/2014
36
37. Breeders Rights 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 Breeders right
9/22/2014 37
38. Researchers 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 9/22/2014 38
39. Guidelines for submission of application Every application
shall be filed in the office of registrar & must be signed by
applicant or their representative. Every application must have the
name of applicant, their address & nationality as well as
address of service of their agent. A person can file up to maximum
of three application per day. Application will be received on first
come first serve basis. 9/22/2014 39
40. 9/22/2014 40 On successful submission of application the
applicant will receive an acknowledgement slip. After submission of
application it will be processed according to provision of rule 29
of PPVFR rules. After depositing stipulated DUS tests fee office
shall issue receipt no. which shall be used for all future
references.
41. Who can apply for the Registration of a Plant Variety?
Persons claiming to be the breeder of the variety of his successor
of assignee A farmer or a group of farmers claiming to be the
breeder of the variety Any person authorized by any of the persons
specified above to make application on their behalf Any university
of publicly funded agricultural institution claiming to be the
breeder of the variety 9/22/2014 41
42. Procedure for Registration Advertisement of application in
Gazette of India Acceptance after validation of information Receipt
or acknowledgement Initial scrutiny Submission of application form
+ technical questionnaire to authority 9/22/2014 42
43. Registrar shall hear both the parties Registrar refer a
copy of counter statement to opposition and requiring submission of
final opposition Counter statement by applicant within 2 months A
copy of opposition notice referred by register to applicant
Opposition notice with prescribed fee within 3 months Invitations
of objections within 3 months 9/22/2014 43
44. Publication of contents of certificate and invites claims
of benefit sharing Issue of certification of registration Found
distinct, uniform, stable and new Conduct DUS test (2 years at 2
location) After considering evidences, Registrar may uphold or
reject opposition 9/22/2014 44
45. If claims are found to be genuine, breeder has to deposit
amount of benefit sharing Evidences given by both parties duly
considered by the authority while disposing of any claim for
benefit sharing Breeder may submit his notice of opposition to
claim within 3 months On receiving claims authority send a copy of
claims to breeder of registered variety 9/22/2014 45
46. Period of Protection 9/22/2014 46 Type Initial (Years)
Extendable (Years) Total (Years) Field Crops (New) 6 9 15 Trees and
Vines (New) 9 9 18 Extant Variety (Notified) 15 Years from the date
of notification
47. Benefits of Plant Variety Protection Protection of Breeders
Rights By granting Certificates of Registration By granting
exclusive rights to produce, sale, market, distribute, import or
export the seeds of Protected Variety 9/22/2014 47
48. Protection of Researchers Rights Can use any protected
Variety for experimental purpose Can use it as an initial source to
develop other varieties Benefits of Plant Variety Protection
9/22/2014 48
49. Protection of Farmers Rights Rights to use seed of
protected variety for sowing, resowing, exchange and sale of its
produce except in brand name Right to register Traditional
Varieties as breeder Right to get Rewards and Recognition from Gene
Fund. 9/22/2014 49
50. 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 (Why) 9/22/2014 50
51. 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 the
Act 9/22/2014 51
52. 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 this Act c. Documentation, indexing and
cataloguing of farmers varieties d. Compulsory cataloguing
facilities for all varieties of plants 9/22/2014 52
53. (e) Seeds of variety registered under the Act should be
made available to the farmers (f) 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 (g)
Ensuring the maintenance of the Register of plant varieties
9/22/2014 53
54. 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 9/22/2014 54
55. 5. National Gene Fund Credited there of: The benefit
sharing from the breeder The annual fee payable to the authority by
way of royalties By the compensation provided to the communities as
defined under section Contribution from any national and
international organization and other sources Helps for: Shares to
benefit claimers Used for supporting conservation and sustainable
use of genetic resources 9/22/2014 55