plant variety in science for students .pptx

Plant . Variety......,................................

1. Plant variety

2. Development of a new plant variety, either by “traditional’’ breeding methods or by “modern’’ molecular modification The rights of the breeders are protected by granting them a monopoly to use and sell the seeds and planting material of the new plant varieties they are granted registration registration is equivalent to a patent granted

3.  new ‘plant variety’ as more like an improvement of an existing product of nature than as a scientific invention.  this led to the development of a Hybrid form of intellectual property rights known as “plant breeders rights’’ which received recognition in 1961 European Countries Instituted separate plant variety protection laws, as patent law was considered to be unsuitable for this purpose

4. In 1941 and 1953 respectively the Netherland and Germany granted limited protection to breeders to exclusively market the seeds The US was the first country to institute IP protection for plant varieties in 1930 Included both sexually and asexually reproduced plants varieties

5. Indian plant variety India’s sui generis plant variety protection can be traced back to 1999  plant variety bill was introduced in Dec 1999 with a view to start Parliamentary process before the TRIP’s implementation dead line of 1st Jan 2001

6. Authority The Central Government shall establish an Authority to be known as the Protection of Plant Varieties and Farmer’s Rights Authority. Chairperson 15 other Members as representatives of different concerned Ministries and departments Seed industry, farmer’s organizations, tribal communities and state level women’s organization,

7. variety to be eligible for registration Novelty- new Distinctiveness- not the same but is clearly different from other plants uniformity - all the plants of the variety shall have the same characteristics  Stability- successive generations of the plants shall continue to have without any variation

8. Protection of Plant Varieties and Farmers' Rights Act, 2001 In order to provide for the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants it has been considered necessary to recognize and to protect the rights of the farmers in respect of their contributions made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties

9. Objectives  recognize and protect the rights of farmers in respect of their contributions To accelerate agricultural development in the country stimulate investment for research and development both in public & private sector  Facilitate the growth of seed industry in the country

10. Rights under the Act Breeders’ Rights :  Breeders will have exclusive rights to produce, sell, market, distribute, import or export the protected variety. Breeder can appoint agent/ licensee and may exercise for civil remedy in case of infringement of rights.

11. Researchers’ Rights :  Researcher can use any of the registered variety under the Act for conducting experiment or research.

12. Farmers' Rights A farmer who has evolved or developed a new variety is entitled for A farmer can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001 Farmers are eligible for recognition and rewards for the conservation of Plant Genetic Resources of land races and wild relatives of economic plants; There is also a provision for compensation to the farmers for non-performance of variety under Section 39 (2) of the Act, 2001 and Farmer shall not be liable to pay any fee in any proceeding before the Authority or Registrar or the Tribunal or the High Court under the Act.

13. Person Who May Make Application : section 16 a) any person claiming to be breeder of the variety ; or b) any successor of the breeder of the variety; or c) any person being the assignee of the breeder of the variety in respect of the right to make such application; or d) any farmer or group of farmers or community of farmers claiming to be the breeder of the variety; or e) any person authorized in the prescribed manner by a person specified under clauses (a) to (d) to make an application on his behalf; or f) Any University or Publicly funded agricultural institution claiming to be the breeder of the variety.

14. Period Of Protection: section 24 The duration of protection of registered varieties is different for different varieties which are given below: 1) For trees and vines 18 years 2) For other verities 15 years 3) For extant verities 15 years, from the date of notification of that variety by the Central Government under Section 5 of Seeds Act, 1966.