PLANT VARIETY and wto introduction to law

Wto and plant variety introduction

1. •According to Article 27.3 (b) of
TRIPs Agreement
“…members shall provide for the
protection of plant varieties either by
patents or an effective sui generis
system or by any combination
thereof”

2. •The Protection of Plant Variety and
Farmers’ Rights Act was passed by the
Indian Parliament in 2001.
•Rules were notified by the Department of
Agriculture (now known as Department
of Agriculture and Farmers Welfare) in
2003.
•India is unique in incorporating the spirit
of FAO’s commitment in the act and
covering both Farmers’ interest and
breeders interest in the Act as both are
actively and passively involved in variety
development.

3. To provide an effective system for protection of Plant
varieties and rights of farmers and plant breeders
To recognize the farmers in respect of their
contribution made at conserving, improving and
making available plant genetic resources for
development of new plant varieties
To protect plant breeders’ rights to stimulate
investment for R&D and develop new varieties
To facilitate the growth of seed industry to ensure
production and availability of high quality
seed/planting material

4. DEFINITION OF BREEDER

5. Registrable Varieties
New Variety
Extant Variety
•Notified under Seeds Act, 1966
•Farmers Variety
•Variety of Common Knowledge
Essentially Derived Variety

6. New Variety
A new variety shall be registered under PPV& FR Act 2001 if it
conforms to the criteria of Novelty, Distinctiveness, Uniformity
and Stability.
If at the date of filing of
application the propagating or
harvested material has been sold
for the period of
Novelty

7. Extant varieties
•The complete applications are put before the Extant
Variety Recommendation Committee as constituted
under the provisions of the PPV&FR Regulations, 2006.
•The time limit for registration of extant varieties
of various crop species fixed by the Authority
under Rule 22 (2) of PPV&FR Rules, 2003 can be
checked from the PPV&FR website.
1. Notified under section 5 of Seeds Act, 1966

8. Variety of Common
Knowledge
Such extant variety shall be registered under Section 2(j)(iii) of PPV
& FR Act, 2001 if the candidate variety is:-
•Not released and notified under the Seeds Act, 1966 but is well
documented through publications and is capable of satisfying the
definition of ‘variety’.
•Under cultivation or marketing during the time of filing of
application for registration.
•The true representative seed of the variety should be available at
the time of filing of application.
•Sold or otherwise disposed of in India more than one year but less
than 15 years prior to the date of filing of the application and in case
of trees and vines it should not have been sold or otherwise
disposed of 18 years prior to the date of filing of application.

9. •EDV is predominantly derived from an initial variety
or from a variety that is predominantly derived from
such initial variety and while retaining the expression
of the essential characteristics of the initial variety,
is clearly distinguishable from the initial variety.
•The plant variety developed from a initial variety
through transgenic approach, backcross derivative,
mutants, chimera, somaclonal variants, etc. can
come under the EDV.
Essentially Derived Variety (EDV)

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

11. Denomination
•Single and Distinct
•Should not be a Trade Mark
•Should not consist solely of figures – may be
letters or combination of letters and figures
•Should not hurt religious sentiments
•Should not be a name or emblem
•Should not be comprised solely or partly of
geographical name-Registrar may allow it if it is
based on honest use of such denomination.

13. DUAL IPR PROTECTION
PPV&FR Act Protects
Denomination of the variety
as well as the variety and
grants dual IPR Protection

14. DUS

15. DUS TESTING
If DUS test fails
Then it shall be laboratory based

16. PLANT BREEDERS RIGHT
PBR is Distinguishable from other IP Rights
like Trade Mark and copyright which can be
protected and used unregistered.

17. Publication in PVJ
Hearing Opportunity when application is rejected.
Oppositio
n within 3
Months
from the
date of
advertise
ment

18. Researcher’s Rights
The use of any variety registered under this Act by any person using
such variety for conducting experiment or research or as an initial
source of variety for the purpose of creating of other varieties:
Provided that the authorization of the breeder of a registered variety is
required where the repeated use of such variety as a parental line is
necessary for commercial production of such other newly developed
variety.

19. •National Gene Bank at Delhi established to:
•handle orthodox or true seeds of varieties of crop species
notified for registration
•act as repository of seed or propagules during the process of
registration
•provide true reference sample of registered varieties for any
future use
•Four field gene banks established for maintaining referral
samples of perennial asexually / vegetatively propagated crops:
•Balasaheb Sawant Konkan Krishi Vidyapeeth, Dapoli;
•Birsa Agricultural University, Ranchi;
•YS Parmar University of Horticulture & Forestry, Solan
•Central Arid Zone Research Institute, Jodhpur

21. RENEWAL (BREEDER’S OPTION)

22. BENEFIT SHARING
•Any person or group of person or firm or
governmental and non-governmental
organisation-
–filed in form PV-7 within six months from the date of
publication in PVJ
–regd. breeder may file opposition within three months
of receipt of PV-7
–evidence of regd. breeder and claimant

23. DETERMINATION OF BENEFIT SHARING

24. OPPOSITION
•Opponent entitled to
Breeder Rights.
•Variety not registerable.
•Public interest.
•Adverse effect on
environment.

25. Registration: Other provisions

26. ASSIGNMENT AND TRANSMISSION

27. AGENT AND LICENSEE
When terms of agreement are not followed by
Registered Agent or Registered Licensee then
Plant Breeder can apply to the Registrar for
cancellation of agreement

28. SURRENDER OF REGISTRATION
CERTIFICATE
•A Breeder of variety Regd. under the Act
may give notice to Registrar to surrender
registration certificate.
•Notice to Agent or Licensee
•Opposition
•Hearing
•Decision by Registrar

29. APPEALS TO PVPAT
•Breeder aggrieved by the decision of Registrar or
Authority may prefer appeal to PVPAT.
•Transitional provision – IPAT.
•Appeal against order of Authority relating to
registration of variety.
-Claim for Benefit Sharing.
-Payment of Compensation.
-Revocation of compulsory license.

30. RIGHT AND REMEDY
Right without remedy is no right

31. INFRINGEMENT
•Not being a Breeder sells, exports, imports
or produces such variety without
permission of Breeder.
•Uses, sells exports or imports any variety
giving such variety the denomination
identical or deceptively similar to
denomination of variety Regd. under Act.

32. PENALTIES
Non Cognizable – Bailable –
Compoundable- Triable by any
Magistrate
Denomination so nearly
resembles to that other
denomination as to be
likely to deceive or cause
confusion.

33. RELIEF IN INFRINGEMENT SUITS

36. Crop Group Total
Cereals 8861
Legumes 1395
Vegetables 1294
Fibre Crops 1185
Oilseeds 933
Spices 755
Fruits 658
Cucurbits 496
Sugar Crops 104
Flowers 59
Plantation crop 29
Medicinal and Aromatic
plants 13
Trees 8
Grand Total 15790
Crop Number
Rice 6280
Tetraploid Cotton1066
Maize 1045
Brinjal 455
Pearl Millet 376
Pigeon pea 373
Wheat 358
Tomato 349
Sorghum 332
Chilli 285

37. Nationality Total
USA 309
Switzerland 230
Belgium 61
Mauritius 53
Netherlands 54
Germany 27
French 19
South Korean 1
New Zealand 1
Grand Total 755

38. Year PVP issued
2009 168
2010 49
2011 116
2012 212
2013 304
2014 833
2015 385
2016 605
2017 243
Grand Total 2915

39. Farmers’
Rights Entitled to
save, use, sow,
re-sow,
exchange,
share or sell
his farm
produce
including seed
of a variety
protected
under the Act.
Farmer cannot
sell branded
seed of a
protected
variety.

42. A farmer is entitled to save,
use sow, re-sow exchange,
share or sell his farm produce
including seed of a variety
protected under the Act in the
same manner as he was
entitled before the coming
into force of the Act and
farmer is entitled to sell non-
branded seed of a variety
protected under the Act.

43. Farmer engaged in
conservation of genetic
resources of land races and
wild relatives of economic
plants, improvement through
selection and preservation
shall be entitled for
recognition and reward from
Gene Fund provided that the
said material has been used
as donors of genes in
varieties registrable under
this Act

44. A farmer is entitled to claim
compensation in case of failure of
expected performance by registered
varieties-Where any variety registered
under the Act has been sold to a
farmer or a group of farmer or
organization of farmers, the breeder of
registered variety shall disclose the expected
performance under given conditions. If such material
fails to provide such expected performance under
given conditions, a farmer or a group of farmer or
organization of farmers may claim compensation
from the registered breeder

45. •If the breeder of any registered variety has
ignored the valuable contribution of any
village or local community which
contributed significantly in the evolution
of a variety, they may claim for benefit
sharing.
•Depending upon the extent and nature of the use of
genetic material of the claimant in the development of
the variety along with commercial utility and demand in
the market of the variety, breeder will deposit the
amount in the Gene Fund.
•In case of failure within a period of three months the
registrar shall make reference to district collector.
•Amount deposited will be paid to the claimant from the
Gene Fund.

46. Any person on behalf of any
village community can file any
claim for compensation if the
village or local community has
contributed significantly to the
evolution of the variety which has been
registered under the PPV&FR Act, 2001. The
Authority upon receiving objection from the
registered breeder shall give an opportunity to
breeder and determine the compensation which
should be deposited in the Gene Fund within a
period of two months.

47. A farmer is protected under innocent
infringement where in if farmer who at
the time of such infringement was not
aware of the existence of such right and
a relief in an infringement suit shall not
be granted by court against a farmer who
proves at the time of infringement he
was not aware of the existence of the
right so infringed

48. The farmers are exempted
from payment of any fees in
respect of any proceedings
before the Registrar or
Authority or Tribunal or High
Court and they are also
exempted from payment of any fee for
inspection of any document or obtaining any
decision or order or document under the Act or
Rules.

49. Farmers have the right to
access seed of registered
varieties at a reasonable and
remunerative price. When
this condition is not met, the
breeder’s exclusive right over
the variety is suspended under
the provision concerning
compulsory licensing, and the
breeder is obligated to license
the seed production,
distribution and sales of the
variety to a competent legal
entity.

50. When farmers’ varieties, whether
extant or new, are used by a third
party as source material for the
development of an essentially
derived variety, the farmers need to
provide prior authorization for its
commercialization. Such a process
can allow farmers to negotiate the
terms of authorization with the
breeder, which may include
royalties, benefit-sharing, etc.

51. Activities under National Gene Fund
•Recognition of farmers/farming communities
engaged actively in conserving genetic resources.
Nine farmers/farming communities have been
recognized so far.
•Plant Genome Savior Community Recognition
Award – Under the provisions of Rule 70(2) of the
Act, under ‘Gene Fund’ Authority will award to a
maximum of five farmers/farming communities
with Rs. 10 lakhs each as a support to them for
conservation and sustainable use of genetic
resources.

52. Reward: Maximum of ten rewards to farmers consisting of
citation, memento and cash of Rupees 1.5 lakh each.
Recognition: Maximum of twenty recognitions to farmers
consisting of citation, memento and cash of Rupees 1.0 lakh
each.
Maximum five awards consisting of a citation,
memento and cash of Rupees Ten lakh each
Awards / Reward / Recognition Awarded Since
Plant Genome Saviour Community Awards 25 2009-10
Plant Genome Saviour Farmer Reward 33 2012
Plant Genome Saviour Farmer Recognition 66 2012
Plant Genome Saviour Recognition Certificates (prior to
initiation of PGSCA)
16 2007-08 to 2010-
11

53. Uniqueness in farmers varieties
Crop Special Traits
Navara-Rice Medicinal: curing circulatory, respiratory
digestive, nervous system ailments and
pest resistance
Borah Rice Absence of the need for cooking, instant
cooking
Pokkali Rice Salt resistance
Kasalath Rice Pistol1 gene
Chennellu Rice Curing stomach ulcer
Jugal, Sateen-Rice Resistance to BLB & BPH, multiple grains
Sarvat-Rice Antidote to poisonous snake bite
Karchia Local Wheat Salt tolerance
Jhakrana Bajra Drought tolerant
Kali tur-Pigeon pea Resistant to drought, SMV,
Good quality
Naga Chilli (Bhut jholakia)Pesticidal value

54. Conservation of Farmers varieties

56. CONVENTION COUNTRY
When a Breeder has made an application in
a Convention Country and within 12
months (after the date of filing of
application) makes an application in India
then if the variety is registered then it shall
be registered as on the date on which the
application was made in Convention
Country.

57. CONVENTION COUNTRY
When application is made in 2 or more
Convention Countries then period of 12
months shall be reckoned from the date on
which the earliest of application was
made.

58. •Support increased registration of new, extant and
essentially derived varieties of plants and streamline
procedures
•Commercialization of farmers’ varieties
•Establish links between Authority and SAUs, Research
Institutes & KVKs
•Capacity building
•Co-ordinate with other IPOs for training
•Augment awareness building, training and teaching
programs

59. CHALLENGES
•To make an ideal, model and premier IPR registry among the
country by adopting best registry practices
•To notify convention countries
•To capture extant varieties at one go
•To revise DUS test guidelines to include special characters
•To catalogue all plant varieties and farmers varieties.
•To enrich the plant variety database and make it accessible to
the public
•To mainstream farmers varieties through private companies and
public sector Institute