Plant Variety Law

Plant Variety Law By: 

Plant Variety Law By Dr. Tabrez Ahmad Monday, September 05, 2011 1 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Slide 2: 

Plant varieties can be protected under Protection of Plant Varieties and Farmers’ Rights Act 2001. Monday, September 05, 2011 2 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

What is plant variety: 

What is plant variety defined by the expression of the characteristics resulting from a given genotype of that plant grouping; distinguished from any other plant grouping by expression of at least one of the said characteristics; and considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation also includes propagating material of such variety, farmers’ variety, extant variety, transgenic variety, and essentially derived variety. Monday, September 05, 2011 3 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Use of protection of plant variety: 

Use of protection of plant variety To ensure continuous supply of new varieties by safeguarding the interests of the plant breeders. Monday, September 05, 2011 4 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Criteria of Registration of any variety: 

Criteria of Registration of any variety A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. Monday, September 05, 2011 5 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Novelty: 

Novelty at the date of filing the variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety - ( i ) in India, earlier than one year; or ( i i ) outside India, in the case of trees or vines earlier than six years, or in any other case, earlier than four years. Monday, September 05, 2011 6 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Distinct: 

Distinct 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 the application. Monday, September 05, 2011 7 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Uniformity: 

Uniformity Subject to the variation that may be expected from the particular features of its propagation it is sufficiently uniform in its essential characteristics Monday, September 05, 2011 8 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Stable: 

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 . Monday, September 05, 2011 9 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

How to get protection for plant variety: 

How to get protection for plant variety Who can apply any person claiming to be the breeder of the variety; any farmers or group of farmers or community of farmers claiming to be the breeder of the variety; or any person authorized in the prescribed manner by a person specified above to make application on his behalf; any university or publicly funded agricultural university claiming to be the breeder of the variety Monday, September 05, 2011 10 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

What an application should contain: 

What an application should contain state the denomination assigned to such variety by the applicant; an affidavit by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India all such information relating to the contribution, if any, of any farmer, village community, institution or organization in breeding, evolving or developing the variety statement containing a brief of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability be accompanied by such fees as may be prescribed; contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired Monday, September 05, 2011 11 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Seed Deposited: 

Seed Deposited The breeder is required to deposit such quantity of seeds or propagating material of the registered variety in the National Gene Bank as may be specified for reproduction purposes at breeder’s expense. The applicant shall deposit such fees as may be prescribed for conducting tests referred too in sub-section (1) in case of essentially derived variety. the tests referred to in sub-section (1) shall be conducted in such manner and by such method as may be prescribed. Monday, September 05, 2011 12 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Validity of registration of plant variety: 

Validity of registration of plant variety validity of certificate of registration is nine years in case of trees and vines; and six years in case of other crops It can be extended up to 18 years for Trees and Vines and 15 years for others Monday, September 05, 2011 13 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Do you have any question?: 

Do you have any question? Monday, September 05, 2011 14 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com

Slide 15: 

Monday, September 05, 2011 Dr. Tabrez Ahmad,http:// iplexindia.blogspot.com 15 Thanks