01 10th_National_Seed_Congress_2019.pptx

seed

1. Raj Ganesh, R C Agrawal, Ravi Prakash, T K Nagaratna , D R Choudhary & K V Prabhu * Protection of Plant Varieties and Farmers’ Rights Authority Department of Agriculture, Cooperation and Farmers Welfare Ministry of Agriculture & Farmers’ Welfare, Government of India http://www.plantauthority.gov.in Protection and Maintenance of Protection of Plant Varieties in India 14 October 2019 National Seed Congress, ICAR-IARI, New Delhi

2. PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS

3. India is one of the 17 mega biodiversity countries Vavilov: Indian region is one among the eight centre of origin and diversity of cultivated plants India has over 49000 species of plants and fungi representing 11% of the world’s flora India is rich in endemic species representing 33% of its flora Three hot spots of biodiversity: Western Ghats, Himalayan Region, NEH Thousands of varieties, cultivars, landraces and ecotypes evolved INDIA: A BIODIVERSITY RICH COUNTRY

4. AVAILABILITY OF INDIAN CROP BIODIVERSITY FOR PLANT IMPROVEMENT

5. CHALLENGES

6. PVP is one of the 7 IP Rights

7. INTERNATIONAL OBLIGATION UNDER TRIPS ARTICLE 27.3(B) Members shall provide for protection of plant varieties: either by patents or by an effective sui generis system - one developed to suit each country’s needs and priorities or by any combination thereof Countries free to choose their own effective sui generis regime for protection of plant variety rights

8. CBD 1992 Bio-safety Protocol, 2000 PPV & FR Act 2001, Rules 2003-2012, 2013, 2015 Regulations 2006-2013, 2015 An outcome of the Intensive and Extensive National Consultations and response to international developments / obligations UPOV 1961, 72, 78, 91 Breeders Right Sui gene r is System Enactment of PPVFRA (2001) WTO / TRIPS 1994 ITPGRFA 2001

9. Objectives of PPV & FR Act, 2001

10. Group No. Crop Species Cereals 22 Bread wheat, Rice, Pearl millet, Sorghum, Maize, Durum wheat, Dicoccum wheat/other triticum species, Barley, Finger millet, Foxtail millet, Common/Sweet buckwheat, Tartary/Bitter buckwheat, Proso millet, Barnyard millet, Kodo Millet, Little millet, Grain amaranth/ Ramdana (4 Sp.),  Oat Legumes 8 Chickpea, Mungbean, Urdbean , Field pea, Rajmash , Lentil, Pigeon pea, Faba bean Fibre crops 6 Diploid cotton (2 Sp.), Tetraploid cotton (2 Sp.) , Jute (2 Sp.),  Oilseeds 12 Indian mustard, Karan rai, Rapeseed, Gobhi sarson , Groundnut, Soybean, Sunflower, Safflower, Castor, Sesame, Linseed, Jatropha Sugar crops 1 Sugarcane Vegetables 21 Tomato, Brinjal , Okra, Cauliflower, Cabbage, Potato, Onion, Bottle gourd, Bitter gourd, Pumpkin, Cucumber, Paprika/Chili/Bell Pepper, Vegetable amaranth, Ridge gourd, Spinach beet, Elephant foot yam, Taro, Giant swamp taro, Sweet potato, Cassava, moringa Flowers & ornamentals 19 Rose, Chrysanthemum, Orchid (7 Sp.),  Bougainvillea, Canna, Gladiolus, Jasmine (3 Sp.), Tuberose, China Aster, Carnation, Marigold Spices 8 Black pepper, Small cardamom, Coriander, Fenugreek, Turmeric, Garlic, Ginger, Nutmeg Fruits 27 Mango, Almond, Walnut, Cherry, Apricot, Apple, Pear, Pomegranate, Grape, Ber , Acid lime, Mandarin, Sweet orange, Banana, Muskmelon, Watermelon, Papaya, Peach, Japanese plum, Strawberry, Bael , Jamun , Guava, Litchi, Mulberry, Datepalm , Custard apple Medicinal and Aromatic 9 Isabgol , Menthol mint, Damask rose, Periwinkle, Brahmi, Noni, Kalmegh , Indian gooseberry, Betelvine Plantation & others 25 Coconut, Eucalyptus (2 Sp.),  Casuarinas (2 Sp.),  Tea (3 Sp.),  Deodar, Chir Pine, Areca nut, Cashew nut, Chironji , Tamarind, poplar, Karanj , Neem, Willow (7 Sp.),  Melia sp. As on date Registration is open for 158 different crop species

11. DURATION OF PROTECTION Period of protection (in Years) Years Initial Extended Trees & Vines 18 9 9 Other Crops 15 6 9 Extant Notified varieties 15 from date of notification of variety under the Seeds Act, 1966 by the Central Govt.

12. DUS Testing for Enabling Protection of a Plant Variety Type of variety Type of test No. of locations No. of seasons New DUS test 2 2 VCK DUS test 2 1 Farmers’ Grow-out test 2 1 EDV Manner of testing EDV shall be decided by Authority on case to case basis

13. DUS testing shall be field and multi-location based, for at least two similar crop seasons For Trees and vines there shall be an option of On-site DUS testing: A panel of three experts shall visit the On-farm test sites for two similar crop seasons DUS test fee for On-site DUS testing shall be dependent on the location of DUS test sites subject to a maximum of four times of the fee specified for normal testing of a particular crop species DUS test procedures for Trees and Vines

14. PPV&FR Authority VARIETIES THAT CAN BE PROTECTED New Variety - Section 15 (1) Extant Variety - Section 2 (j), 15(2) Notified under Seeds Act, 1966 Farmers Variety Variety of Common Knowledge Essentially Derived Variety – Section 2 ( i ), 23

15. Section 15 (3) c: Uniformity – Sufficiently uniform in its essential characteristics Section 15 (3) d: Stability – Essential characteristics remain unchanged even after repeated propagation Section 15 (3) a: Novelty - if the propagating or harvested material of the variety has not been sold or otherwise exploited Section 15 (3) b: Distinctiveness – Distinguishable by at least one essential characteristics from a variety which is a matter of common knowledge Section 15 (1) : A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability CRITERIA FOR REGISTRATION

16. Category Owner of the Variety (Claimant of Right) Registration Fee DUS testing Fee New Variety Public sector (Academics Sector) Rs 10,000 As per crop species* (max limit: Rs 2,00,000 for annuals Rs 8,00,000 for onsite perennials) Individual Rs 7,000 As above Commercial Rs 50,000 As above Extant Variety Notified under Seed Act 1966 All Rs 2,000 No fee Extant Variety in Common Knowledge Public sector (Academics Sector) Rs 10,000 As in new variety category Individual Rs 7,000 As above Commercial Rs 50,000 As above Extant Farmer Variety Farmer/Community No fee No fee Fee structure for Registration and DUS testing of plant varieties in India

17. Must pay annual fee to maintain their registration namely 1. Registered Breeder and Registered Agent Registered Licensee 2. Registered Farmer and Registered Agent Registered Licensee 3. Registered Community and Registered Agent Registered Licensee Who pays the Annual Fee of Maintenance of a Variety?

18. VARIETY Annual Fee Farmers’ Variety ` 10/- (Agents/Licensee to pay full fee) Extant Notified Variety under Section 5 of Seeds Act, 1966. ` 2,000/- ( ` Two Thousand Only) New Variety ` 2,000/- (Rupees Two Thousand Only)+0.2% of sales value of seeds of registered variety during the previous year+1% of the royalty, if any, received during the previous year from the sale proceeds of the seeds of the registered variety. Extant Variety about which there is common knowledge ` 2,000/- (Rupees Two Thousand Only)+0.1% of sales value of seeds of registered variety during the previous year+0.5% of the royalty, if any, received during the previous year from the sale proceeds of the seeds of the registered variety. The Annual Fee Structure for Maintenance of Protection of Plant Varieties in India

19. Every registered breeder has to pay Renewal Fee in one lumpsum for the extended period of registration (9 years in case of all crops), for full protection Provisional Renewal Fee should be accompanied with the annual fee for 3 rd year in the 4 th year of registration in case of field crops and with the annual fee for 6 th year in the 7 th year of registration in case of trees and vines multiplied with 3 (as remaining years of initial period of registration under Rule 39(1)(c). This would be provisional renewal fee . The Final Renewal Fee shall be based on average annual fee of 5 th and 6 th year of registration in case of field crops and 8 th and 9 th year of registration in case of trees and vines. The provisional renewal fee would be adjusted with the final renewal fee to be paid. Maintenance of Protection for Full Period Through Renewal

20. The registered breeder has an option to choose for a period of less than nine years. However, the option once chosen is final and no further application can be made for renewal Non-payment of Renewal fee will lead to forfeiture of the registration mutations will be made in the National Register The fact of Renewal including period of registration, name and address of right holders as well as Forfeiture will be published in the PVJ Maintenance of Protection for Full Period Through Renewal