Intellectual Property & Information Technology Laws Division By

Vijay Pal Dalmia, AdvocateHead Intellectual Property & Information Technology Laws Division

The Protection The Protection of of

Plant Varieties Plant Varieties and Farmers and Farmers

Rights Rights in Indiain India

LEGISLATIONS - IN LEGISLATIONS - IN INDIAINDIA

The Protection of Plant Varieties and The Protection of Plant Varieties and Farmers Rights Act,2001Farmers Rights Act,2001

The Protection of Plant Varieties and The Protection of Plant Varieties and Farmers Rights Rules,2003Farmers Rights Rules,2003

INTERNATIONAL TREATIES TO INTERNATIONAL TREATIES TO WHICH INDIA WHICH INDIA

IS A SIGNATORYIS A SIGNATORY

Agreement on Trade-related Aspects Agreement on Trade-related Aspects of Intellectual Property rights of Intellectual Property rights (TRIPS)(TRIPS)

ObjectivesObjectives

Establishment of an effective system for Establishment of an effective system for protection of plant varieties.protection of plant varieties.

Rights of farmers and plant breeders.Rights of farmers and plant breeders.

Stimulate investment for research and Stimulate investment for research and developmentdevelopment

and to facilitate growth of the seed industry.and to facilitate growth of the seed industry.

Availability of high quality seeds and plantingAvailability of high quality seeds and planting materials of improved varieties to farmers.materials of improved varieties to farmers.

Application for registrationApplication for registration

Any person may make an application for Any person may make an application for registration of any variety :registration of any variety :

Of such genera and species as specified Of such genera and species as specified under subsection (2) of section 29 of, The under subsection (2) of section 29 of, The Protection of Plant Varieties and Farmers Protection of Plant Varieties and Farmers Rights Act,2001Rights Act,2001

Which is an extant varietyWhich is an extant variety

Which is a farmers’ varietyWhich is a farmers’ variety

Eligibility for Eligibility for RegistrationRegistration

Must conform to the criteria of:Must conform to the criteria of:

NoveltyNovelty

DistinctivenessDistinctiveness

UniformityUniformity

Stability Stability

Who is a Farmer?Who is a Farmer?Any person who:Any person who:

Cultivates crops by cultivating the land himselfCultivates crops by cultivating the land himself

Cultivates crops by directly supervising the Cultivates crops by directly supervising the cultivation of land through any other personcultivation of land through any other person

Conserves and preserves, any wild species or Conserves and preserves, any wild species or traditional varietiestraditional varieties

Adds value to such wild species or traditional Adds value to such wild species or traditional varietiesvarieties

What is Farmers’ variety?What is Farmers’ variety?

A variety which:A variety which:

Has been traditionally cultivated and Has been traditionally cultivated and evolved by the farmers in their fieldsevolved by the farmers in their fields

Is a wild relative or land race of a variety Is a wild relative or land race of a variety about which the farmers possess common about which the farmers possess common knowledgeknowledge

Application formApplication form Must contain:Must contain:

Denomination assigned to such variety by the Denomination assigned to such variety by the applicantapplicant

An affidavit sworn by the applicant that such variety An affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving does not contain any gene or gene sequence involving terminator technology terminator technology

Passport data of the parental lines Passport data of the parental lines

Geographical locationGeographical location

Description of the varietyDescription of the variety

Cont….Cont….

All such other information relating to the All such other information relating to the contribution of :contribution of : Any farmerAny farmer Village community Village community Institution Institution Or organization in breeding, evolving or developing Or organization in breeding, evolving or developing

the variety the variety

Characteristics of: Characteristics of: NoveltyNovelty DistinctivenessDistinctiveness UniformityUniformity StabilityStability

Cont….Cont….

Fees as may be prescribedFees as may be prescribed

Declaration that the genetic material or Declaration that the genetic material or parental material acquired for breeding, parental material acquired for breeding, evolving or developing the variety has been evolving or developing the variety has been lawfully acquiredlawfully acquired

The conditions stated above not to apply in The conditions stated above not to apply in respect of application for registration of respect of application for registration of farmers’ varieties.farmers’ varieties.

What is Extant variety?What is Extant variety? A variety available in India which is:A variety available in India which is:

Notified under section 5 of Seeds Act, 1966Notified under section 5 of Seeds Act, 1966

Farmers varietyFarmers variety

A variety about which there is common A variety about which there is common knowledgeknowledge

Any other variety which is in public domainAny other variety which is in public domain

Period of protectionPeriod of protection Trees and vines - 18 yearsTrees and vines - 18 years

Renewable after 9 yearsRenewable after 9 years

Other crops - 15 yearsOther crops - 15 years Renewable after 6 yearsRenewable after 6 years

In the case of extant varieties - 15 years In the case of extant varieties - 15 years from the date of the notificationfrom the date of the notification

Breeders’ rightsBreeders’ rights

To produceTo produce

SellSell

MarketMarket

Distribute Distribute

Import and Export of the varietyImport and Export of the variety

Researchers’ rightResearchers’ rightThe researchers have been provided access to protected varieties:

• For conducting experiments• Research

Authorization of the breeder is required

• For the purpose of creating other varieties

• For commercial production of such other newly developed variety

Farmers’ rightsFarmers’ rights to protectto protect SaveSave UseUse SowSow ResowResow ExchangeExchange Share Share And sell, except sale under a commercial And sell, except sale under a commercial

marketing arrangement marketing arrangement Protection of innocent infringement Protection of innocent infringement

Communities rightsCommunities rights

Compensation for the contribution of Compensation for the contribution of communities in the evolution of new communities in the evolution of new varieties in quantum's to be determined varieties in quantum's to be determined by the PPVFR Authorityby the PPVFR Authority

Rights of the breeder of Rights of the breeder of essentially derived varietiesessentially derived varieties ProductionProduction

SellingSelling

MarketingMarketing

Distribution Distribution

Export and import of the varietyExport and import of the variety

Compulsory licenseCompulsory license In case of complaints about the availability of In case of complaints about the availability of

the seeds to public at a reasonable price.the seeds to public at a reasonable price. The license can be granted after the expiry of a The license can be granted after the expiry of a

period of 3 years from the date of issue of period of 3 years from the date of issue of certificate to undertake:certificate to undertake: Production Production

Distribution Distribution

SaleSale

Or other propagating material of the varietyOr other propagating material of the variety

Benefit sharingBenefit sharing

Sharing of benefits accruing to a breeder Sharing of benefits accruing to a breeder from a variety developed from indigenously from a variety developed from indigenously derived plant genetic resources has also derived plant genetic resources has also been provided [Section 26(1)]. been provided [Section 26(1)]. The authority may invite claims of benefit The authority may invite claims of benefit

sharing of any variety registered under the Act, sharing of any variety registered under the Act, and shall determine the quantum of such award and shall determine the quantum of such award after ascertaining the extent and nature of the after ascertaining the extent and nature of the benefit claim, after providing an opportunity to benefit claim, after providing an opportunity to be heard, to both the plant breeder and the be heard, to both the plant breeder and the claimerclaimer

Thank You.Thank You.

Intellectual Property & Information Technology Laws Division

Flat No 903, Indra Prakash, 21, Barakhamba  Road,

New Delhi 110001 (India)Phone: +91 11 42492532 (Direct)Phone: +91 11 42492525 Ext 532

Mobile :- 9810081079Fax: +91 11 23320484

email:- vpdalmia@vaishlaw.com

Vijay Pal Dalmia, AdvocateHead Intellectual Property & Information Technology Laws Division