1. Protection of Plant Varieties and Farmers
Right
PGS 503 Intellectual Property Rights and
its Management in Agriculture (1+0)
e-course*
Presented by
L.KATHIRVEL
2018664502
2. Plant Variety Protection
• Plant variety protection provides legal protection of a plant variety to
a breeder in the form of Plant breeder’s rights.
• Plant Breeder’s Rights are intellectual property rights that provide
exclusive rights to a breeder of the registered variety.
3. History
• In USA, the Plant Patent Act was enacted in 1930. This Act, however,
covered only asexually propagated plants (plants not normally sown
from seeds), and was thus aimed at excluding the major food species
and so prevented the emergence of grain monopolies.
• Intellectual Property Protection (IPP) for agricultural products go back
to the late 19th century with the growth in the European seed trade
and the development of breeders’ associations, which was followed
by various seed control systems and attempts to provide Plant
Variety Protection (PVP).
4. • The formation of the Inter Governmental International Union for the
Protection of New Varieties of Plants commonly known as UPOV
(based on its initials in French – (Union Internationale pour la
Protection des Obtentions Végétales) with mostly developed
countries as member states, after an International Convention in
Paris in 1961.
• Today, there are 53 member states.
5. India
• Article 27.3 (b) of the Agreement on TRIPs requires WTO members
to protect plant varieties by patents or other means, which involves
protecting rights of plant breeders, by effective sui generic systems
6. • The existing Indian Patent Act, 1970 excluded agriculture and
horticultural methods of production from patentability.
• Therefore, it has become imperative on the part of the Government
of India to develop its own sui generic (a Latin phrase meaning ‘of
their own kind’) system to provide a frame work for Plant Variety
Protection which satisfies the requirements of breeders, researchers
and farmers with regard to use and exchange of seeds and plant
material and also accord due recognition, credit and sharing of
benefit with the conserver farmer for his role in conserving the agro
biodiversity.
• The Act covers all categories of plants, except microorganisms.
7. Sui Generis Protection System
• Sui generis is a Latin expression, literally meaning of its own kind /
genus or unique in its characteristics.
• The introduction of the sui generis concept reflects two broad
elements. First, a number of countries rejected the compulsory
introduction of plant patents. Second, negotiators did not agree on
any specific alternative to patents.
• Existing sui generis options can be generally defined as regimes
introducing both PBRs and farmers’ rights
8. The Protection and Plant Varieties and
Farmer’s Rights (PPVFR) Act 2001
Highlights of Indian PPVFR Act, 2001
• The legislation extends to all categories of plants except micro-
organisms.
• In order to be eligible for protection, a variety must be new, distinct,
uniform and stable.
• The legislation contains provisions for compulsory licensing in the
public interest.
9. Three key Aims are:
• to stimulate investments for research and development both in the
public and the private sectors for the development of new plant
varieties by ensuring appropriate returns on such investments;
• to facilitate the growth of the seed industry in the country through
domestic and foreign investment which will ensure the availability of
high quality seeds and planting material to Indian farmers; and
• to recognize the role of farmers as cultivators and conservers and the
contribution of traditional, rural and tribal communities to the
country’s agro biodiversity by rewarding them for their contribution
through benefit sharing and protecting the traditional right of the
farmers for their contribution made at any time in conserving,
improving and making available plant genetic resources for the
development of new plant varieties.
10.
11.
12.
13. Duration of Plant Breeders’ Rights:
• The certificate of registration issued under section 24 or sub-section 98 of
section 23 shall be valid for nine years in the case of trees and vines and six
years in the case of other crops,
• and may be reviewed and renewed for the remaining period on payment of
such fees as may be fixed by the rules made on this behalf subject to the
conditions that the total period of validity shall not exceed:
in the case of trees and vines, eighteen years from the date of registration
of the variety;
in the case of extant varieties, fifteen years; and
in the other case, fifteen years from the date of registration of the variety.
14.
15.
16. • Land Race: A landrace is a local variety of a domesticated plant
species which has developed largely adaptation to the natural and
cultural environment in which it lives.
21. A new variety shall not be registered under this
Act, if the denomination given to such variety:
• is not capable of identifying such variety;
• is liable to mislead or to cause confusion concerning the
characteristics;
• is not different from every denomination which designates a variety of
the same botanical species or of a closely related species registered
under this Act; or
• is likely to hurt the religious sentiments respectively of any class or
section of the citizens of India; or
• Varieties on exploration are harmful to ecosystem (human, animal,
plants & environment)
22. PPVFR Authority
• Protection of Plant Varieties and Farmers Rights (PVP) authority will
be vested with necessary powers to perform all functions relating to
the protection of plant varieties.
• The Authority will consist of Chair person and 15 members, Chair
person to be appointed by the Central Government.
• A Standing Committee will advise the Authority on all issues including
Farmers’ Rights.
• Registrar General will be the Ex-officio member secretary of the
authority.
23. There could be three options for the
Authority to undertake all the
activities
• The Authority can appoint an independent organization directly under
its control to devise assessment procedures for candidate varieties
and other institutional mechanisms.
• The Authority can take advantage of the existing facilities and
infrastructure available at ICAR crop-based institutions, State
Agricultural Universities, Krishi Vigyan Kendras and All India
Coordinated projects.
• The ICAR as an organization can establish a suitable system
independently
24.
25. • Lawfully Acquired Parental Material: Section 18(f) regarding
information to be submitted along with an application, requires the
applicant to certify that the genetic or parental material used for
breeding the variety has been lawfully acquired.
26. • 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/
