Law of Protection of Plant Varieties and Farmers Rightsin India- A brief introduction with procedure and remidies by Vijay Pal Dalmia, Advocate-IP lawyer

1. Intellectual Property & Information Technology Laws Division
By
Vijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division

2. The Protection ofThe Protection of
Plant VarietiesPlant Varieties
and Farmers Rightsand Farmers Rights
in Indiain India

3. LEGISLATIONS - IN INDIALEGISLATIONS - IN INDIA
 The Protection of Plant Varieties and Farmers RightsThe Protection of Plant Varieties and Farmers Rights
Act,2001Act,2001
 The Protection of Plant Varieties and Farmers RightsThe Protection of Plant Varieties and Farmers Rights
Rules,2003Rules,2003

4. INTERNATIONAL TREATIES TO WHICHINTERNATIONAL TREATIES TO WHICH
INDIAINDIA
IS A SIGNATORYIS A SIGNATORY
 Agreement on Trade-related Aspects ofAgreement on Trade-related Aspects of
Intellectual Property rights (TRIPS)Intellectual Property rights (TRIPS)

5. ObjectivesObjectives
 Establishment of an effective system for protectionEstablishment of an effective system for protection
of plant varieties.of plant varieties.
 Rights of farmers and plant breeders.Rights of farmers and plant breeders.
 Stimulate investment for research and developmentStimulate investment for research and development
and to facilitate growth of the seed industry.and to facilitate growth of the seed industry.
 Availability of high quality seeds and plantingAvailability of high quality seeds and planting
materials of improved varieties to farmers.materials of improved varieties to farmers.

6. Application for registrationApplication for registration
 Any person may make an application for registrationAny person may make an application for registration
of any variety :of any variety :
 Of such genera and species as specified under subsectionOf such genera and species as specified under subsection
(2) of section 29 of, The Protection of Plant Varieties and(2) of section 29 of, The Protection of Plant Varieties and
Farmers Rights Act,2001Farmers Rights Act,2001
 Which is an extant varietyWhich is an extant variety
 Which is a farmers’ varietyWhich is a farmers’ variety

7. Eligibility for RegistrationEligibility for Registration
 Must conform to the criteria of:Must conform to the criteria of:
 NoveltyNovelty
 DistinctivenessDistinctiveness
 UniformityUniformity
 StabilityStability

8. Who is a Farmer?Who is a Farmer?
Any person who:Any person who:
 Cultivates crops by cultivating the land himselfCultivates crops by cultivating the land himself
 Cultivates crops by directly supervising the cultivation ofCultivates crops by directly supervising the cultivation of
land through any other personland through any other person
 Conserves and preserves, any wild species or traditionalConserves and preserves, any wild species or traditional
varietiesvarieties
 Adds value to such wild species or traditional varietiesAdds value to such wild species or traditional varieties

9. What is Farmers’ variety?What is Farmers’ variety?
 A variety which:A variety which:
 Has been traditionally cultivated and evolved by theHas been traditionally cultivated and evolved by the
farmers in their fieldsfarmers in their fields
 Is a wild relative or land race of a variety about which theIs a wild relative or land race of a variety about which the
farmers possess common knowledgefarmers possess common knowledge

10. Application formApplication form
 Must contain:Must contain:
 Denomination assigned to such variety by the applicantDenomination assigned to such variety by the applicant
 An affidavit sworn by the applicant that such variety does notAn affidavit sworn by the applicant that such variety does not
contain any gene or gene sequence involving terminatorcontain any gene or gene sequence involving terminator
technologytechnology
 Passport data of the parental linesPassport data of the parental lines
 Geographical locationGeographical location
 Description of the varietyDescription of the variety

11. Cont….Cont….
 All such other information relating to the contribution of :All such other information relating to the contribution of :
 Any farmerAny farmer
 Village communityVillage community
 InstitutionInstitution
 Or organization in breeding, evolving or developing the varietyOr organization in breeding, evolving or developing the variety
 Characteristics of:Characteristics of:
 NoveltyNovelty
 DistinctivenessDistinctiveness
 UniformityUniformity
 StabilityStability

12. Cont….Cont….
 Fees as may be prescribedFees as may be prescribed
 Declaration that the genetic material or parental materialDeclaration that the genetic material or parental material
acquired for breeding, evolving or developing the variety hasacquired for breeding, evolving or developing the variety has
been lawfully acquiredbeen lawfully acquired
 The conditions stated above not to apply in respect ofThe conditions stated above not to apply in respect of
application for registration of farmers’ varieties.application for registration of farmers’ varieties.

13. What is Extant variety?What is Extant variety?
 A variety available in India which is:A variety available in India which is:
 Notified under section 5 of Seeds Act, 1966Notified under section 5 of Seeds Act, 1966
 Farmers varietyFarmers variety
 A variety about which there is common knowledgeA variety about which there is common knowledge
 Any other variety which is in public domainAny other variety which is in public domain

14. Period of protectionPeriod of protection
 Trees and vines - 18 yearsTrees and vines - 18 years
 Renewable after 9 yearsRenewable after 9 years
 Other crops - 15 yearsOther crops - 15 years
 Renewable after 6 yearsRenewable after 6 years
 In the case of extant varieties - 15 years from theIn the case of extant varieties - 15 years from the
date of the notificationdate of the notification

15. Breeders’ rightsBreeders’ rights
 To produceTo produce
 SellSell
 MarketMarket
 DistributeDistribute
 Import and Export of the varietyImport and Export of the variety

16. Researchers’ rightResearchers’ right
The researchers have been provided access to protected
varieties:
• For conducting experiments
• Research
Authorization of the breeder is required
• For the purpose of creating other
varieties
• For commercial production of such other newly
developed variety

17. Farmers’ rightsFarmers’ rights
 to protectto protect
 SaveSave
 UseUse
 SowSow
 ResowResow
 ExchangeExchange
 ShareShare
 And sell, except sale under a commercial marketingAnd sell, except sale under a commercial marketing
arrangementarrangement
 Protection of innocent infringementProtection of innocent infringement

18. Communities rightsCommunities rights
 Compensation for the contribution of communitiesCompensation for the contribution of communities
in the evolution of new varieties in quantum's to bein the evolution of new varieties in quantum's to be
determined by the PPVFR Authoritydetermined by the PPVFR Authority

19. Rights of the breeder of essentiallyRights of the breeder of essentially
derived varietiesderived varieties
 ProductionProduction
 SellingSelling
 MarketingMarketing
 DistributionDistribution
 Export and import of the varietyExport and import of the variety

20. Compulsory licenseCompulsory license
 In case of complaints about the availability of theIn case of complaints about the availability of the
seeds to public at a reasonable price.seeds to public at a reasonable price.
 The license can be granted after the expiry of aThe license can be granted after the expiry of a
period of 3 years from the date of issue of certificateperiod of 3 years from the date of issue of certificate
to undertake:to undertake:
 ProductionProduction
 DistributionDistribution
 SaleSale
 Or other propagating material of the varietyOr other propagating material of the variety

21. Benefit sharingBenefit sharing
 Sharing of benefits accruing to a breeder from aSharing of benefits accruing to a breeder from a
variety developed from indigenously derived plantvariety developed from indigenously derived plant
genetic resources has also been provided [Sectiongenetic resources has also been provided [Section
26(1)].26(1)].
 The authority may invite claims of benefit sharing of anyThe authority may invite claims of benefit sharing of any
variety registered under the Act, and shall determine thevariety registered under the Act, and shall determine the
quantum of such award after ascertaining the extent andquantum of such award after ascertaining the extent and
nature of the benefit claim, after providing an opportunitynature of the benefit claim, after providing an opportunity
to be heard, to both the plant breeder and the claimerto be heard, to both the plant breeder and the claimer

22. Thank You.Thank You.
Intellectual Property & Information Technology Laws Division
Flat No 903, Indra Prakash, 21,
Barakhamba Road,
New Delhi 110001 (India)
Phone: +91 11 42492532 (Direct)
Phone: +91 11 42492525 Ext 532
Mobile :- 9810081079
Fax: +91 11 23320484
email:- vpdalmia@vaishlaw.com
Vijay Pal Dalmia, Advocate
Head Intellectual Property & Information Technology Laws Division