protection of plant variety and farmer's right act 2001
TRANSCRIPT
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
ByPREETHI NARAYANAN
Junior AssociatePatent Department
PROTECTION OF PLANT VARIETY AND FARMER’S RIGHTS ACT 2001
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
OBJECTIVES OF THE ACT
• To provide for the establishment of an effective system for protection of plant varieties
• To provide for the rights of farmers and plant breeders
• To stimulate investment for research and development and to facilitate growth of the seed industry
• To ensure availability of high quality seeds and planting materials of improved varieties to farmers
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PLANT VARIETIES REGISTERED UNDER THE ACT UNDER SEC-15
1. A new variety if it conforms to the criteria of novelty, distinctiveness, uniformity and stability
2. An extant variety if it conforms to criteria of distinctiveness, uniformity and stability
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
DEFINITIONS AS PER THE ACT, 2001
Under sec 2(l) “Farmers variety” means a variety which-
1. Has been traditionally cultivated and evolved by the farmers in their fields; or
2. Is a wild relative or land race of a variety about which the farmers posses the common knowledge
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
---- CONTINUED
Under sec 2(j) “Extant Variety” means a variety, which is-
Notified under section 5 of the seeds Act, 1996 (54 of 1966);
A farmers variety A variety about which there is common knowledge Any other variety which is in the public domain
Under sec 2(i) “Essentially Derived Variety”
- a variety predominantly derived from another variety- Conforms to initial variety in all aspects except for
differences which result from act of derivation- Yet is clearly distinguishable from such variety
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
ELIGIBILITY CRITERIA FOR REGISTRATION UNDER THE ACT UNDER SEC-15 3 (A)
Novel : at the date of filing of application for registration for
protection, the propagating or harvested material of such a variety has not been sold, disposed of by or with consent of breeder or his successor for the purpose of exploitation of such variety. India-earlier than 1 year. Outside India- trees or vines: earlier than 6 or 4 years
Distinct
: if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of application
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
--- CONTINUED
Uniform
: If subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics
Stable
: If its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
UNIQUE ASPECT
It confers three concurrent rights:
• To breeders
• To farmers
• To researchers
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
BREEDERS’ RIGHTS
The certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor or his agent or licensee, to produce, sell, market, distribute, import or export of the variety [section 28 (1)]
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
RESEARCHERS RIGHTS
The researchers have been provided access to protected varieties for bonofide research purposes [sec 30]
It states that:
- registered varieties can be used for research or experiments
- use of registered variety as initial variety for purpose of creating other varieties with the authorization of breeder where the repeated use as parental line is necessary
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
FARMERS’ RIGHTS
The farmers’ rights of the Act define the privilege of farmers and their right to protect varieties developed or conserved by them [chapter VI]
It states that:
-They can save, use, sow, resow, exchange, share and sell farm produce of a protected variety except sale under a commercial marketing arrangement (branded seeds) [section 39 (1), (i)-(iv)]
- Protected against infringement [section 42 (1)]
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
DUS TEST FOR REGISTRATION OF CROPS
The office of registrar accept applications for registration of 12 crops:
Rice, lentil, maize, green gram, kidney bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread wheat
DUS (distinctiveness Uniformity and Stability) test guidelines have been finalized for these notified crop species
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TOTAL SPECIES FOR REGISTRATION
• There are a total of 21 species at present that could be registered which are broadly divided into three categories
-Pulses
-coarse cereals
-Oil seeds
• Other new species for which approval is awaited
22 species such as
- 8 vegetable crops
- 1 fruit: mango
- 1 flower plant: Rose
- 10 oil seed crops
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
TERM OF PROTECTION UNDER SEC-24 (6)
• Trees and vines – 18 years from registration
• Extant varieties – 15 years from the date of notification of that variety by the central government under section 5 of the seeds act, 1966
• Others- 15 years from the date of registration of variety
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PLANT VARIETIES WHICH CANNOT BE PROTECTED UNDER THIS ACT
A plant variety which is (SEC – 15(4)):
not capable of identifying such variety
Consists solely of figures
Is liable to mislead or to cause confusion concerning the characteristics, value, identify of such variety, or the identity of breeder of such variety
is likely to deceive the public or cause confusion regarding identity
is comprised of nay matter likely to hurt the religious sentiments respectively of any class section of the citizens of India
Is prohibited for use
Is comprised of solely or partly of geographical name
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
PERSONS WHO CAN APPLY
Any person claiming to be the breeder of variety or any successor of breeder of variety
Any person being the assignee of breeder of the variety
Any farmer or group of farmers or community of farmers claiming to be breeder of variety
Any person authorized in the prescribed manner by persons mentioned above
Any university or publicly funded agricultural institution claiming to be breeder of the variety
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
REGISTRATION
Any person as described under sec 16 of the Act, can apply for the registration of a new variety either directly or through their agents.
The office of registrar, Protection of plant varieties and Farmers’ Rights Authority is the appropriate office for filing the application in India
-applicant can file a completely filled application with registrar for any variety of such genera and species as specified
-can also made available such quality of seeds of variety for registration along prescribed fee
CHENNAI3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,Mylapore,
Chennai - 600 004.Tel: +91 - 44 - 2498 4821
BANGALORE Suite 920, Level 9,
Raheja Towers,26-27, M G Road,
Bangalore - 560 001.Tel: +91 - 80 - 6546 2400
COIMBATOREBB1, Park Avenue,
# 48, Race Course Road,Coimbatore - 641018.
Tel: +91 - 422 – 6552921
WEBSITE
www.altacit.com
Thank you