PPVFRA Protection of Plant Varieties and Farmers Right Act

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The Protection of Plant Varieties and Farmers’ Rights’ (PPVFR) Act

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Presentation on ppvfra:

Presentation on ppvfra 1

TOPICS COVERED:

TOPICS COVERED Introduction Objectives General functions Registerable plant varieties Criteria for Protection Procedure for Registration of Plant Varieties Rights under the Act Plants are covered under the PPVFR Compulsory license PPVFRA Authority Summary 2

Why Protection for plants is require in India? :

Why Protection for plants is require in India? 3 The Agreement on TRIPS requires WTO Members to introduce an “effective system” for the protection of plant varieties . Being a member of WTO and signatory of TRIPS, it was mandatory for India to provide protection to plant varieties either by patent or by sui generis system or by both. India exercised the sui generis option for protection of plants and plant varieties . The sui generis system means for effective protection of plant varieties. India enacted ‘The Protection of Plant Varieties and Farmers’ Rights’ (PPVFR) Act on August 9, 2001 , for plant variety protection by Lok Sabha .

THE PLANT VARIETY PROTECTION AND FARMERS RIGHTS ACT 2001  :

THE PLANT VARIETY PROTECTION AND FARMERS RIGHTS ACT 2001 A sui generis system , is an attempt by the Indian Government to recognize and protect the rights of both commercial plant breeders and farmers in respect of their contribution made in conserving, improving and making available plant genetic resources for development of new plant varieties and to encourage the development of new plants varieties . Protection of the plant varieties under the Act accelerates agricultural development and stimulates investment for research and development for the development of new plant varieties which in turn facilities the growth of the seed industry and ensures the availability of high quality seeds and plant in material to the fanners. 4

objectives of the PPV & fr Act, 2001:

objectives of the PPV & fr Act, 2001 To establish 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 . To recognize and protect the rights of 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. To accelerate agricultural development in the country, protect plant breeders’ rights; stimulate investment for research and development both in public & private sector for the development of new plant varieties. Facilitate the growth of seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers. 5

general functions of the Authority :

general functions of the Authority Registration of new plant varieties, essentially derived varieties (EDV ) and extant varieties Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species Developing characterization and documentation of registered varieties C ataloging facilities for all variety of plants Documentation , indexing and cataloguing of farmer’s varieties Recognizing and rewarding farmers, community of farmers (from national gene fund ), particularly tribal and rural community engaged in conservation, improvement, preservation of plant genetic resources of economic plants and their wild relatives Maintenance of the National Register of Plant Varieties Maintenance of National Gene Bank 6

What is plant variety protection and what purpose does Plant Variety Protection (PVP) serve?:

7 What is plant variety protection and what purpose does Plant Variety Protection (PVP) serve? Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder's Rights. Plant Breeder's Rights (PBRs) are intellectual property rights that provide exclusive rights to a breeder of the registered variety.

What is a plant variety? :

What is a plant variety? A variety is a plant grouping within a single botanical taxon of the lowest known rank, defined by the expression of the characteristics resulting from a given genotype or combination of genotypes. The variety should be distinguished from other plant grouping by expression and should be considered as a unit with regard to its suitability for being propagated unchanged. 8

What are registerable plant varieties in India? :

What are registerable plant varieties in India? Four types of plant varieties can be registered under PPVFR Act, 2001. - 1) New varieties: A variety which is not in public domain in India earlier than one year before the date of filing; or outside India, in the case of trees or vines earlier than six years, or in any other case, earlier than four years. 2 ) Extant variety : A variety which is notified under Seed Act, 1966 or a variety about which there is common knowledge or a farmer’s variety or any other variety which is in public domain is considered as an Extant variety. 3 ) Farmer’s variety : A variety which has been traditionally cultivated and evolved by the farmers in their fields or a variety which is a wild relative or land race of a variety about which farmers possess common knowledge . 9

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4) Essentially derived variety (EDV ) by UPOV: A plant variety is taken to be an essentially derived variety of another plant variety if : ( a) It is predominantly derived from that other plant variety ( b) It retains the essential characteristics that result from the genotype or combination of genotypes of that other variety ( c) It does not exhibit any important (as distinct from cosmetic) features that differentiate it from that other variety. 10

Criteria for Protection :

Criteria for Protection A new plant variety shall be protected by registration if it is novel, distinct, uniform and stable. 1. Novel : A new variety shall be deemed to be novel. I f at the date of filing of application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of the breeder, for the purposes of exploitation of such variety (a) in India, for more that one year or (b) outside India in the case of trees or vines, earlier than 6 years or, in any other case, earlier than four years. 2. Distinct : A new variety shall be deemed to be distinct if it is clearly distinguishable by at least one essential characteristic from any commonly known variety. 3. Uniform : The new variety shall be deemed to be 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. 11

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4. Stable : A new variety shall be deemed to be 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. The requirement of stability means that a variety must remain true to its description/character even after repeated propagation . What is the duration of protection for a registered plant variety? Trees and vines - 18 years. Other crops - 15 years. Extant varieties - 15 years from the date of notification of that variety by the Central Government under Seed Act, 1966 12

Who can apply for the registration of a plant variety? :

Who can apply for the registration of a plant variety? Person claiming to be the breeder of the variety or his successor or assignee A farmer or a group of farmers claiming to be the breeder of the variety Any person authorized by any of the persons specified above to make application on their behalf A ny university or publicly funded agricultural institution claiming to be the breeder of the variety. 13

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Under the Act breeder means a person or group of persons or a farmer or group of farmers or any institution, which has bred, evolved or developed any variety. A farmer is any person who cultivates crops either by cultivating the land himself, or by directly supervising the cultivation of land through any other persons. A farmer can also mean any person who conserves and preserves any wild species or traditional varieties, or adds values to them through selection and identification of their useful properties 14

Where to file the application for the registration of a plant variety? :

15 Where to file the application for the registration of a plant variety? For this purposes of PPV &FR Act, 2001, Protection of Plant Varieties and Farmer’s Rights Authority was established in October, 2005 and its Head Quarters is located at NASC Complex, DPS Marg , Opp-Todapur , New Delhi-110 012

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16 Registration of Plant Varieties 1. Application (filing) With all details as required in the application along with the registration fees 2. Initial Browsing Preliminary examination 3. If application in proper shape Acknowledgement receipt issued 4. File sorting done Unique Number allotted to each application 5(a). Application issued for examination 5(b). Simultaneous data entry in digital application Denomination search for novelty and Distinctively Section14 and 23 Section 20 6. Examination Report submitted to Registrar Report discussed and verified

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17 11(b). Notice sent to the applicant regarding clarification of opposition made 7 . Communication made for submission of lacking Information 8. Application accepted for further processing 9 . Applicants asked to submit DUS fee and seeds 10. Passport data advertised in the PVJ of India for opposition 11(b)i. Applicant fails to submit clarification within specified time frame or Registrar not satisfied with reply Application is to be rejected 11(b)ii. Applicant satisfies the Registrar application is accepted and carry forward for registration Reply within 30 days Section 20 (Within three months) Section 21 Within 2 months

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18 13. DUS report in accordance to data provided by applicant 14. Registration done 15. Certificate granted 16. Protection 15 yr (6+) For other than tree and wine 18 yr (9+) For tree and wine 17. Certificate Entitlement 12. DUS test carried out 11(a). No Opposition Section 24 ( 1)/23(4 ) Section 24 ( 2 )/23(8) Section 28(4)

rights under the Act:

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. Researchers ’ rights: Researcher can use any of the registered variety under the Act for conducting experiment or research. This includes the use of a variety as an initial source of variety for the purpose of developing another variety but repeated use needs prior permission of the registered breeder. farmers ’ rights: 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 19

What plants are covered under the PPVFR Act, 2001? :

20 What plants are covered under the PPVFR Act, 2001? As of now following 18 plant species can be registered under the Act. Cereals : Rice, wheat, maize, sorghum, pearl millet Legumes: Chickpea , mungbean , urdbean , field pea, rajmash , lentil, pigeon pea Fibre Crop: Four species of cotton namely Gossypium arboreum L. and G. herbaceum L. (Diploid cotton) and G. barbadense L. and G.hirsutum L. ( Tetraploid cotton)); Two species of Jute ( Corchorus olitorius L. and C. capsularis L.).

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21 Other plant species in the pipeline are: · Mango [ Mangifera indica L.] · Indian mustard [ Brassica juncea L.] · Rapeseed [ Brassica rapa L.] · Gobhi Sarson [ Brassica napus L.] · Groundnut [ Arachis hypogaea L.] · Castor [ Ricinus communis L.] · Linseed [ Linum usitatissimum L.] · Sesame [ Sesamum indicum L.] · Sunflower [ Helianthus annuus L.] · Safflower [ Carthamus tinctorius napus L.] · Soyabean [ Glycine max (L.)Merrill]

What is the current status of the applications for registration under PPVFR Act? :

22 What is the current status of the applications for registration under PPVFR Act ? A total of around 1200 applications for registration have been received by the Authority that includes 284 applications for new varieties, 900 applications for extant varieties and 9 applications for farmer’s variety.

COMPULSORY LICENCE (Section 47) :

COMPULSORY LICENCE (Section 47) If seeds of a protected variety are not available after 3 years of registration I n adequate quantity, and at reasonable price, The Authority may grant license to a third party to ( a) Undertake production . ( b) Distribution and sale of the seed on reasonable royalty 23

rotection of Plant Varieties and Farmers’ Rights Authority:

24 Chairperson Dr. P.L. Gautam , Chairperson, Protection of Plant Varieties & Farmers’ Rights Authority, Government of India, holds the rank of Secretary to Government of India since November 3,2010. Registrar-General Dr . R.C. Agrawal Registrar(Horticulture) Dr . Manoj Srivastva Registrar(Forestry Crops & Farmers' Rights) Dr . Tejbir Singh rotection of Plant Varieties and Farmers’ Rights Authority

SUMMARY:

Indian Parliament passed the protection of Plant Varieties and Farmers’ Rights Act (PPVFR) in November 2001. It is sui generis law providing due consideration to farmers’ rights plant variety protection. The variety is defined by the expression of the characteristics resulting from a genotype of that plant grouping. It should be distinguished from any other plant grouping by expression of at least one of the said characteristics. Farmer’s variety is one which is traditionally cultivated and evolved in fields by the farmers. The criterion for a variety to be registered under the Act is that it should be Novel , Distinct , Uniform and Stable . SUMMARY 25

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Period of validity of certificate of registration is 9 years (extendable up to 18 years) in case of trees and vines, and 6 years (extendable up to 15 years) in case of other crops. The registration affords rights to farmers’ breeders, researchers & communities. If the variety is not satisfactorily available to public, the Government can issue compulsory license. The infringement can occur if a variety is sold, exported, imported or produced without the permission of the breeder of the registered variety; or his agent, or deceptive denomination is applied to the goods. The penalty for infringement can be an injunction and damages or share of profit at the option of the plaintiff 26