Intellectual Property & Information Technology Laws Division By Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division

The Protection of Plant Varieties and Farmers Rights in India

LEGISLATIONS - IN INDIA The Protection of Plant Varieties and Farmers Rights Act,2001 The Protection of Plant Varieties and Farmers Rights Act,2001 The Protection of Plant Varieties and Farmers Rights Rules,2003 The Protection of Plant Varieties and Farmers Rights Rules,2003

INTERNATIONAL TREATIES TO WHICH INDIA IS A SIGNATORY Agreement on Trade-related Aspects of Intellectual Property rights (TRIPS) Agreement on Trade-related Aspects of Intellectual Property rights (TRIPS)

Objectives Establishment of an effective system for protection of plant varieties. Establishment of an effective system for protection of plant varieties. Rights of farmers and plant breeders. Rights of farmers and plant breeders. Stimulate investment for research and development Stimulate investment for research and development and to facilitate growth of the seed industry. and to facilitate growth of the seed industry. Availability of high quality seeds and planting Availability of high quality seeds and planting materials of improved varieties to farmers. materials of improved varieties to farmers.

Application for registration Any person may make an application for registration of any variety : Any person may make an application for registration of any variety : Of such genera and species as specified under subsection (2) of section 29 of, The Protection of Plant Varieties and Farmers Rights Act,2001 Of such genera and species as specified under subsection (2) of section 29 of, The Protection of Plant Varieties and Farmers Rights Act,2001 Which is an extant variety Which is an extant variety Which is a farmers’ variety Which is a farmers’ variety

Eligibility for Registration Must conform to the criteria of: Must conform to the criteria of: Novelty Novelty Distinctiveness Distinctiveness Uniformity Uniformity Stability Stability

Who is a Farmer? Any person who: Cultivates crops by cultivating the land himself Cultivates crops by cultivating the land himself Cultivates crops by directly supervising the cultivation of land through any other person Cultivates crops by directly supervising the cultivation of land through any other person Conserves and preserves, any wild species or traditional varieties Conserves and preserves, any wild species or traditional varieties Adds value to such wild species or traditional varieties Adds value to such wild species or traditional varieties

What is Farmers’ variety? A variety which: A variety which: Has been traditionally cultivated and evolved by the farmers in their fields Has been traditionally cultivated and evolved by the farmers in their fields Is a wild relative or land race of a variety about which the farmers possess common knowledge Is a wild relative or land race of a variety about which the farmers possess common knowledge

Application form Must contain: Must contain: Denomination assigned to such variety by the applicant 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 An affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology Passport data of the parental lines Passport data of the parental lines Geographical location Geographical location Description of the variety Description of the variety

Cont…. All such other information relating to the contribution of : All such other information relating to the contribution of : Any farmer Any farmer Village community Village community Institution Institution Or organization in breeding, evolving or developing the variety Or organization in breeding, evolving or developing the variety Characteristics of: Characteristics of: Novelty Novelty Distinctiveness Distinctiveness Uniformity Uniformity Stability Stability

Cont…. Fees as may be prescribed Fees as may be prescribed Declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired Declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired The conditions stated above not to apply in respect of application for registration of farmers’ varieties. The conditions stated above not to apply in respect of application for registration of farmers’ varieties.

What is Extant variety? A variety available in India which is: A variety available in India which is: Notified under section 5 of Seeds Act, 1966 Notified under section 5 of Seeds Act, 1966 Farmers variety Farmers variety A variety about which there is common knowledge A variety about which there is common knowledge Any other variety which is in public domain Any other variety which is in public domain

Period of protection Trees and vines - 18 years Trees and vines - 18 years Renewable after 9 years Renewable after 9 years Other crops - 15 years Other crops - 15 years Renewable after 6 years Renewable after 6 years In the case of extant varieties - 15 years from the date of the notification In the case of extant varieties - 15 years from the date of the notification

Breeders’ rights To produce To produce Sell Sell Market Market Distribute Distribute Import and Export of the variety Import and Export of the variety

Researchers’ right The researchers have been provided access to protected varieties: For conducting experiments Research Authorization of the breeder is required For the purpose of creating other varieties For commercial production of such other newly developed variety

Farmers’ rights to protect to protect Save Save Use Use Sow Sow Resow Resow Exchange Exchange Share Share And sell, except sale under a commercial marketing arrangement And sell, except sale under a commercial marketing arrangement Protection of innocent infringement Protection of innocent infringement

Communities rights Compensation for the contribution of communities in the evolution of new varieties in quantum's to be determined by the PPVFR Authority Compensation for the contribution of communities in the evolution of new varieties in quantum's to be determined by the PPVFR Authority

Rights of the breeder of essentially derived varieties Production Production Selling Selling Marketing Marketing Distribution Distribution Export and import of the variety Export and import of the variety

Compulsory license In case of complaints about the availability of the seeds to public at a reasonable price. In case of complaints about the availability of the seeds to public at a reasonable price. The license can be granted after the expiry of a period of 3 years from the date of issue of certificate to undertake: The license can be granted after the expiry of a period of 3 years from the date of issue of certificate to undertake: Production Production Distribution Distribution Sale Sale Or other propagating material of the variety Or other propagating material of the variety

Benefit sharing Sharing of benefits accruing to a breeder from a variety developed from indigenously derived plant genetic resources has also been provided [Section 26(1)]. Sharing of benefits accruing to a breeder from a variety developed from indigenously derived plant genetic resources has also been provided [Section 26(1)]. The authority may invite claims of benefit sharing of any variety registered under the Act, and shall determine the quantum of such award after ascertaining the extent and nature of the benefit claim, after providing an opportunity to be heard, to both the plant breeder and the claimer The authority may invite claims of benefit sharing of any variety registered under the Act, and shall determine the quantum of such award after ascertaining the extent and nature of the benefit claim, after providing an opportunity to be heard, to both the plant breeder and the claimer

Thank You. Intellectual Property & Information Technology Laws Division Flat No 903, Indra Prakash, 21, Barakhamba Road, New Delhi (India) Phone: (Direct) Phone: Ext 532 Mobile : Fax: Vijay Pal Dalmia, Advocate Head Intellectual Property & Information Technology Laws Division