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The Protection of Plant Varieties and Farmers’ Rights Act
- 1. The Protection ofPlant Varieties and Farmers’ Rights Act Submitted by, Name: Mahendra Pal M.F.Sc. College of fisheries, JAU, Veraval
- 2. INTRODUCTION Intellectual property (IP) •Creations of the human mind • Legal concept Two categories: Copyright Novels, poems plays, films, Musical works, Artistic works: drawings, paintings, photographs sculptures, Architectural designs. Industrial property Inventions (patents), Trademarks, Industrial designs, Geographic indications of source; India introduced for the first time the provision of granting exclusive privilege in 1856.
- 3. PLANT VARIETY PROTECTION •Indiaproposed, the Plant Variety Protection (PVP) and Farmers Rights Bill, 1999. •Protection for all genera and species notified by the Central Government for a period of 15 and 18 years for herbaceous and woody species respectively. Features •Reuse of farm- saved seeds is provided as farmer’s rights. •Community rights are honoured by the provision of benefit sharing. •National Gene Fund and sanction of schemes are proposed as instruments.
- 4. THE PROTECTION OFPLANT VARIETY AND FARMERS RIGHTS ACT • The Protection of Plant Variety and Farmers Rights act was enacted in India in 2001 • The act has come into force on 30.10.2005 through Authority. • Department Agriculture and Cooperation is the administrative ministry looking after its registration and other matters. • The development of new plant varieties which in turn facilities the growth of the seed industry.
- 5. REASONS FOR ENACTINGTHE PPVFR ACT: • To protect Intellectual Property Rights (IPR) associated in the process of new plant varieties development. • To encourage public and private investments in developing new plant varieties. • To ensure availability of high quality seed and planting material to farmers by promoting seed industries. • To recognize the contributions of the farmers in conserving, improving and develop new plant varieties. To breeders To farmers To researchers
- 6. FEATURES OF PPVFRACT Types of plant varieties Farmers’ varieties Extant varieties New varieties. Farmers’ varieties are those traditional varieties developed and conserved by farmers. Extant varieties are those varieties in existence which are bred by public and private institutions and released for cultivation by state or central variety released committee within last 15 years and also farmers’ varieties or other varieties in public domain.
- 7. CONT... New varieties arethose recently developed varieties, which are either breed by scientist breeder or by farmers. Other important features 1)Researchers’ Rights 2)Benefit sharing breeders and farming or tribal communities who have contributed for conservation of genetic diversity used for developing varieties by the breeders, and 3)Creation of national gene fund for promoting conservation.
- 8. PLANT BREEDERS’ RIGHTS(PBRs) •A special form of IPRs created to provide incentives for the seed industry. •The initial move to harmonize PBRs emerged with the UPOV (International Union for the Protection of New Varieties of Plants ) in 1961. FEATURES •Research exemption (a protected variety may be used in competing breeding programs •Farmers privilege: use and exchange of saved seeds allowed but not sale of seeds.
- 9. CONT... Eessentially derived variety(EDV) Accordingly under UPOV 1991, • Predominantly derived from the initial variety itself • Fulfills the normal protection criteria of novelty, distinctness, uniformity and stability, •Cannot be exploited without the authorization of the breeder of the protected variety.
- 10. RIGHTS OF FARMERS PPVFRAct acknowledges role of farmers in Conserving genetic diversity, Their poor economic means to buy seeds for every sowing, Their poor legal literacy Honours their traditional rights on seed to promote conservation Provides several rights to the farmers 1)Farmers’ Right on seeds; 2)Farmers’ Right to register traditional varieties; 3)Farmers’ Right for reward and recognition; 4)Farmers’ Right for benefit sharing; 5)Farmers’ Right for seeds of registered varieties; 6)Farmers’ Right for receiving free services;
- 11. REASONS WHY FARMERSSHOULD REGISTER THEIR VARIETIES •Registration of farmers’ varieties are totally free •To establish intellectual property rights of farmers on their varieties •For harnessing commercial potential of farmers’ varieties •For establishing ownership on farmers’ varieties •For safeguarding farmers’ varieties from piracy
- 12. ELIGIBILITY CRITERIA FOR REGISTRATION Novel Beforregistration the propagating or harvested material of such a variety has not been sold, disposed by breeder or his successor for the purpose of exploitation of such variety. Distinct If it is clearly distinguishable by at least one essential characteristic from any other variety
- 13. CONT... Uniform : If subjectto 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
- 14. CONT... The office ofregistrar accept applications for registration of crops: Rice, Wheat, Maize, Sorghum, Pearl millet, Chickpea, Green gram, Black gram, Lentil, Kidney bean etc.
- 15. RESEARCHERS RIGHTS The researchershave been provided access to protected varieties for research purposes 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
- 16. TOTAL SPECIES FORREGISTRATION 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
- 17. TERM OF PROTECTIONUNDER SEC-24 (6) Trees and vines – 18 years from registration Extant varieties – 15 years from the date of notification variety by the central government under section 5 of the seeds act, 1966 Others- 15 years from the date of registration of variety
- 18. PERSONS WHO CANAPPLY 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
- 19. REGISTRATION •Any person asdescribed 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 Made available such quality of seeds of variety for registration along prescribed fee
- 20. COCLUSION •Panchyat can makean effective contribution in enabling the farmers to access the rights provided in the PPVFR Act •The farmers need to form NGO since alone, they will not be able to take benefit of the registration by registering their varieties so that they can protect their varieties being scavenged by formal breeders.
- 21. CONT... • Protection ofPlant Varieties and Farmers Right Authority was established in October 2005 and its Head Quarters is located at NASC Complex, DPS Marg, Opp-Todapur, New Delhi – 110 012. • Any information regarding protection, application, fee structure etc can be obtained from the office or at http://www.Plantauthority.gov.in/
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