New plant varieties

New plant varieties, Balaji college of pharmacy, plant breeder, Plant breeder right

1. NEW PLANT VARIETIES Presented by ; K. Sai Lakshmi, B.pharmacy , Balaji College of Pharmacy.

2. Plant variety protection, also called a “plant breeder’s right”, is a form of intellectual property right granted to the breeder of a new plant variety. According to this right, certain acts concerning the exploitation of the protected variety require the prior authorization of the breeder. A new plant variety can be registered under the Act. If it conforms to criteria for novelty, distinctiveness, uniformity & stability. Thus novelty is not considered while going for the protection of plant varieties. Agriculture research in India including breeding of new varieties have largely taken by public sector institutions and plant genetic resources found on its soil, including wild species, farmers varieties evolved by professional plant breeders were considered as public property.

3. New varieties of plants with improved yields, higher quality or better resistance to pests and diseases increase quality and productivity in agriculture, horticulture and forestry, while minimizing the pressure on the environment. The tremendous progress in agriculture productivity in various parts of the world is largely based on improved plant varieties. Intellectual property rights(IPRs) are legal rights granted by governmental authorities to control certain products of human intellectual effort and ingenuity. Plant variety protection is an independent sui generis form of protection, tailored to protect new plant varieties and has certain features in common with other intellectual property rights.

4. PROTECTION: The protection of new plant varieties is another aspect of IPR and seeks to acknowledge the achievements of breeders of new plant varieties by giving them for a limited period, an exclusive right. To obtain such protection, the new varieties must satisfy specific criteria. The organization for protection of new plant varieties is referred as UPOV( The International Union for the Protection of New Varieties of Plants). Protection is available to a new variety of plants to safeguard the interests of plant breeders as an incentive to the development of improved plant varieties for forestry, agriculture and horticulture. In the absence of plant breeders rights, these aims are more difficult to achieve, since there is nothing to prevent others from multiplying the breeder’s seeds or other propagating material and selling the variety on a commercial scale.

5. How can new plants be protected The TRIPS agreement allows 3 types of protection Through the patent mechanism Through a special system related to plants Through a combination of both There is widely held view that most new plant varieties do not satisfy non-obvious requirement of a system of patent protection, since they result from using known technology. Most countries tend to have a sui generis system for the protection of plant varieties. Under the 1991 Act of UPOV convention the variety should be New or Novel Distinct Uniform Stable and Have a satisfactory denomination

6. Duration of protection for a Registration Variety Trees & wines(18 years) from date of registration. Extant varieties(15 years) from date of notification of the variety by Central Government. Other crops(15 years) from date of registration. India is the first country in the world who have passed legislation granting farmer right in the form of the plant varieties protection & former Act, 2001.

7. The object of this act is to recognize the role of former as cultivation & contribution of traditional & tribal communication to country’s agro biodiversity . The plant variety protection & former rights Act 2001 was enacted in India to protect the new plant variety . The Act has come into force on 30-10-2005 through Authority . Initially 12 crops species have been identified for registration. i.e ,. Rice, wheat, maize, chicken pea, green gram, black gram, kidney bean etc ,.

8. TYPES OF VARIETIES New Variety: A New Variety can be registered under the Act if it conforms to the criteria for novelty, distinctiveness, uniformity and stability. Extant Variety: An Extant Variety can be registered under the Act if it conforms to the criteria for distinctiveness, uniformity and stability. Thus novelty is not considered while going for the protection of plant varieties.

9. PLANT BREEDER A plant breeder is a person i.e , a botanist concerned with the origin and evolution of plants. Plants are one example of this food, fiber and ornamental crops carry in themselves the ability to regenerate true to form, whether sexually or asexually. International convention for the protection of new varieties of plants, an international treaty first adapted in 1961 and revised several times, latest in 1991. The form of intellectual property created by UPOV is known widely is called as “plant breeder’s right”.

10. PLANT BREEDER RIGHT PBR is a patent like system that allows the plant variety owner to prohibit specific unauthorized uses of the variety. PBR laws apply only to plants. The owner of a sunflower variety protected in U.S would have no legal control over how that variety was used inside Canada. However, the variety owner could prevent the importation into U.S of variety including grain, plant parts etc ,. PBR under the TRIPS Agreement is a component of World Trade Organization(WTO). PBR is clearly a Sui generis system, but what constitutes effective is less clear,