PPVFRA Protection of Plant Varieties and Farmers Rights Act

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Protection of plant varieties and farmers rights

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WEL-COME MAHANTESH Ist Year Phd Protection of Plant Varieties and Farmer’s Rights ( PPV and FR )

CONTENTS :

CONTENTS Introduction Objectives General functions Registerable and Non-Registerable plant varieties Criteria for Protection Procedure for Registration of Plant Varieties Rights under the Act Plants are covered under the PPVFR Compulsory license Considerations for effective implementation of the Act 9/22/2014 2

Introduction: PPV and FR Act, 2001:

Introduction: PPV and FR Act, 2001 Plant variety protection under PPV & FR Act, provides legal protection to the plant variety To a breeder in the form of Plant Breeders’ Rights To a farmers in the form of Farmers’ Rights To a Researcher in the form of Researchers‘ Rights 9/22/2014 3

Introduction: PPV and FR Act, 2001:

Passed by the Indian Government in Oct. 30 2001 After India became signatory to the TRIPs in 1994 Article 27.3(b) – Member country to provide protection either by a patent or Sui generis system or in combination Earlier Indian Patent Act, 1970 Introduction: PPV and FR Act, 2001 9/22/2014 4

CHAPTER I Preliminary (Clauses 1-2) CHAPTER II PPVFR Authority and Registry (Clauses 3-13) CHAPTER III Registration of PV And EDV (Clauses 14-23) CHAPTER IV Duration And Effect Of Registration And Benefit Sharing (Clauses 24-32) CHAPTER-V Surrender & Revocation of Certificate & Rectification & Correction of Register (Clauses 33-38) CHAPTER-VI Farmer’s Rights (Clauses 39-46) CHAPTER-VII Compulsory Licence (Clauses 47-53) CHAPTER-VIII Plant Varieties Protection Appellate Tribunal (Clauses 54-59) CHAPTER-IX Finance, Accounts and Audit (Clauses 60-63) CHAPTER-X Infringement, Offences, Penalties & Procedure (Clauses 64-77) CHAPTER-XI Miscellaneous (Clauses 78-97):

CHAPTER I Preliminary (Clauses 1-2) CHAPTER II PPVFR Authority and Registry (Clauses 3-13) CHAPTER III Registration of PV And EDV (Clauses 14-23) CHAPTER IV Duration And Effect Of Registration And Benefit Sharing (Clauses 24-32) CHAPTER-V Surrender & Revocation of Certificate & Rectification & Correction of Register (Clauses 33-38) CHAPTER-VI Farmer’s Rights (Clauses 39-46) CHAPTER-VII Compulsory Licence (Clauses 47-53) CHAPTER-VIII Plant Varieties Protection Appellate Tribunal (Clauses 54-59) CHAPTER-IX Finance, Accounts and Audit (Clauses 60-63) CHAPTER-X Infringement, Offences, Penalties & Procedure (Clauses 64-77) CHAPTER-XI Miscellaneous (Clauses 78-97) 9/22/2014 5 PPV and FR Act, 2001

Salient Features :

Salient Features Provides effective system for protection of plant varieties Protects rights of farmers and breeders Recognizes farmers as: Conserver & provider of genetic resources Breeder Producer of seed Consumer of seed 9/22/2014 6

Objectives of Plant Variety Protection:

Objectives of Plant Variety Protection To establish an effective or Sui generis system for protection of plant variety for the International recognition of the National Plant Variety Protection System. Safeguards the interest of plant breeders To recognize and protect farmers’ right for their contribution in conserving, improving and making available plant genetic resources for development of new plant varieties Encouragement of investment in Plant Breeding 9/22/2014 7

General functions of the Authority :

General functions of the Authority Registration of new plant varieties, EDV and extant varieties Developing DUS test guidelines for new plant species Developing characterization and documentation of registered varieties Cataloging facilities for all variety of plants particularly tribal and rural community Maintenance of the National Register of Plant Varieties Maintenance of National Gene Fund 9/22/2014 8

Registerable plant varieties in India :

Registerable plant varieties in India 9/22/2014 9

Non-Registrable plant varieties in India :

Non- Registrable plant varieties in India Varieties on exploitation are harmful to ecosystem (human, animal, plants & environment ) Genetic use restriction technology (GURT) or terminator technology. Genus or species not notified in official gazette at the time of filing application Not capable of identifying such variety 9/22/2014 10

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Consist 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 prohibited for use as a name or emblem for any of the purposes i s comprised of solely or partly of geographical name 9/22/2014 11

Criteria for protection :

Criteria for protection 9/22/2014 12

Streams Merged to the Act:

Streams Merged to the Act The three streams that merge to the PPV & FR Act, 2001. 9/22/2014 13

Farmer’s Rights :

Farmer’s Rights 9/22/2014 14

Breeder’s Rights :

Breeder’s Rights Rights to: a) Produce b) Sell, market, distribute c)Import or export seeds of the protected variety Breeders authorization for production or commercial exploitation of protected variety Penalties for infringement of Breeder’s right 9/22/2014 15

Researcher’s Rights :

Researcher’s Rights Use of registered variety for conducting research Use of variety as an initial source of variety for purpose of creating other varieties provided that the authorization of the breeder of a registered variety is required 9/22/2014 16

Guidelines for submission of application:

Guidelines for submission of application Every application shall be filed in the office of registrar & must be signed by applicant or their representative. Every application must have the name of applicant, their address & nationality as well as address of service of their agent. A person can file up to maximum of three application per day . Application will be received on “first come first serve basis”. 9/22/2014 17

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9/22/2014 18 On successful submission of application the applicant will receive an acknowledgement slip. After submission of application it will be processed according to provision of rule 29 of PPVFR rules. After depositing stipulated DUS tests fee office shall issue receipt no. which shall be used for all future references.

Who can apply for the Registration of a Plant Variety?:

Who can apply for the Registration of a Plant Variety? Persons claiming to be the breeder of the variety of his successor of 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 Any university of publicly funded agricultural institution claiming to be the breeder of the variety 9/22/2014 19

Procedure for Registration :

Procedure for Registration 9/22/2014 20

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Period of Protection:

Period of Protection 9/22/2014 24 Type Initial (Years ) Extendable (Years) Total (Years) Field Crops (New) 6 9 15 Trees and Vines (New) 9 9 18 Extant Variety (Notified) 15 Years from the date of notification

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9/22/2014 31 DUS Test Centers Approved by the PPV and FR

Oilseeds:

Oilseeds 9/22/2014 32

What is the cost of registering a plant variety?:

What is the cost of registering a plant variety? No. Action Official fee 1 Conducting tests Dependent on the nature and type of test subject to a maximum of Rs 50,000 per entry 2 Fees for registration of essentially derived varieties Individual- Rs 5,000 Educational – Rs 7,000 Commercial – Rs 10,000 3 Renewal fee per year Individual- Rs 5,000 Educational – Rs 7,000 Commercial – Rs 10,000 4 Application for benefit sharing Rs 5,000 9/22/2014 33

Compulsory license :

Compulsory license If seeds of a protected variety are not available after 3 years of registration In adequate quantity, and at reasonable price The Authority may grant license to a third party to Undertake production Distribute and sale of the seed on reasonable royalty 9/22/2014 34

Penalties for Infringing Breeder’s Rights :

Penalties for Infringing Breeder’s Rights Penalties can range from Rs 50,000 to Rs 10 lakh as well as a jail term ranging from three months to two years, depending on the severity of the damage caused. If the offence is repeated, minimum jail term prescribed is one year, extending to three years and the fine starting at Rs one lakh, can go up to Rs 20 lakh. 9/22/2014 35

Benefits of Plant Variety Protection :

Benefits of Plant Variety Protection Protection of Breeder’s Rights By granting Certificates of Registration By granting exclusive rights to produce, sale, market, distribute, import or export the seeds of Protected Variety 9/22/2014 36

Benefits of Plant Variety Protection:

Protection of Researcher’s Rights Can use any protected Variety for experimental purpose Can use it as an initial source to develop other varieties Benefits of Plant Variety Protection 9/22/2014 37

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Protection of Farmer’s Rights Rights to use seed of protected variety for sowing, resowing , exchange and sale of its produce except in brand name Right to register Traditional Varieties as breeder Right to get Rewards and Recognition from Gene Fund. 9/22/2014 38

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9/22/2014 39 Status of the Total Applications received (Crop wise)

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9/22/2014 41 System of Registration

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Application form:

Application form 9/22/2014 43

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Every application for registration will have to be accompanied with the following information: Denomination assigned to such variety by the applicant An affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology The application should be in such form as may be specified by regulations 9/22/2014 45 Application Form

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A complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information A statement containing brief description of the variety Such fees as may be prescribed 9/22/2014 46

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Contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired Such other particulars as may be prescribed 9/22/2014 47

Considerations for effective implementation of the Act:

Considerations for effective implementation of the Act Notification of crops species The criteria for selecting the crops could be the crops on which we are dependent for food and nutritional security, including major cereals, pulses, oilseeds, vegetables and fruit crops Crop species important for India in the world trade, species of Indian origin ( Why ) 9/22/2014 48

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2. Awareness generation Awareness among scientists, policy makers and breeders as well as farmers, village communities and the private seed sector Awareness generation and information empowerment is a must through vernacular press, radio, television and the Internet In order to ensure that the farmer as a breeder and conserver secures the recognition and reward provided under the Act 9/22/2014 49

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3. Institutional structure for effective implementation The registration of extant and new plant varieties subject to such terms and conditions and in the manner as may be prescribed Developing characterization and documentation of varieties registered under this Act Documentation, indexing and cataloguing of farmers varieties Compulsory cataloguing facilities for all varieties of plants 9/22/2014 50

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(e) Seeds of variety registered under the Act should be made available to the farmers (f) Collecting statistics with regard to plant varieties including the contribution of any person at any time in the evolution of development of any plant variety (g) Ensuring the maintenance of the Register of plant varieties 9/22/2014 51

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4 . Storage of reference samples Important component of this act Requires enough and appropriate storage infrastructure Storage of vegetatively propagated materials requires specialized techniques and competence Scientific personnel need to be trained accordingly and specific centers would have to be identified and equipped for this purpose 9/22/2014 52

5. National Gene Fund :

5. National Gene Fund Credited there of: The benefit sharing from the breeder The annual fee payable to the authority by way of royalties By the compensation provided to the communities as defined under section Contribution from any national and international organization and other sources Helps for: Shares to benefit claimers Used for supporting conservation and sustainable use of genetic resources 9/22/2014 53

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