1. Breeder’s Rights in India
Dr. P. K. Pathak
Professor
Department of Plant Breeding & Genetics
Assam Agricultural University
Jorhat

2. History of Seed is the
History of Agriculture
Food gatherer to food grower –
a very long journey of human kind

3. Emergence of Genetics and Plant Breeding – role of science and technology in development of new varieties
Popularity of new varieties - demand of producing quality seeds

4. Role of the agricultural universities and research institutes – varieties and seeds for public good
Role of private companies, both Indian and multinational, in breeding and seed business – varieties and seeds for profit making via public good

5. Birth of PPVFR Act, 2001
Impact of globalization and international treaties in agricultural policies of India
Uruguay Round of the GATT negotiations, starting from 1986, was the turning point in the evolution of agricultural policy - agriculture was then incorporated, for the first time ever since the establishment of General Agreement on Tariffs and Trade (GATT) in 1948, under operationally effective rules and disciplines.
Establishment of the World Trade Organization (WTO) in member countries agreed to harmonize agricultural related policies.

6. International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), adopted by the FAO Conference in 1983, endorsed Plant Genetic Resources as the common heritage of humankind, recognized Plant Breeder’s Rights and advanced the concept of Farmers’ Rights
The Rio de Janeiro Convention (1992), popularly known as the Convention on Biological Diversity (CBD) led to bringing the genetic resources under the sovereign control of signatory countries --
Plant genetic resources can no longer be treated as a common heritage of mankind.

7. Impact of the national developments
Birth of PPVFR Act, 2001
Impact of the national developments
Economic liberalization since 1990s
New seed policy (1988)
Role of private sector plant breeding
Campaign of Seed Association of India (formed in 1985)

8. Birth of PPVFR Act
Forced by the global as well as national developments, India had to put in place its laws like the ‘Protection of Plant Varieties and Farmers’ Rights Act (PPVFR)’ in 2001 and ‘Biological Diversity Act’, 2002 etc.
In PPVFR, provision has been made for guarding the interests of both plant breeders as well as the farmers.

9. These acts have marked the beginning of application of Intellectual Property Right in agriculture and biotechnology in the country
Plant breeders, farmers, biotechnologists and all others must get the share of benefits for their role in evolving new varieties. 
Incentives to invest for developing new varieties and technologies for improvement of agriculture

10. Rights of breeder under PPVFR
On registration of a variety, the Act confers exclusive right on the breeder or his successor, his agent or licensee to
produce
sell
market
distribute
import or
export the variety

11. Registration of varieties
Who can file application? – for breeder’s right
any person claiming to be the breeder of the variety; or
any successor of the breeder of the variety; or
any person being the assignee of the breeder of the variety in respect of the rights to make such application; or
any farmers or group of farmers or community of farmers claiming to be the breeder of the variety; or
any university or publicly funded agricultural institution claiming to be the breeder of the variety

12. Essential criteria for granting Plant Breeder’s Rights
A new variety shall be registered if it conforms to the criteria of
- novelty
- distinctiveness
- uniformity and
- stability (NDUS)
An extant variety (old variety) shall be registered if it conforms to such criteria of distinctiveness, uniformity and stability

13. Right on essentially derived varieties
Essentially derived variety, in respect of a variety (the initial variety), shall be said to be essentially derived from such initial variety when it –
(i) is predominantly derived from such initial variety or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that results from the genotype or combination of genotypes of such initial variety
(ii) is clearly distinguishable from such initial variety and
(iii) Conform (except for differences which result from the act of derivation) to such initial variety in the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety.

14. Registration of essentially derived varieties
The rights of the breeder of a variety contained in section 28 shall apply to the breeder of essentially derived variety :
provided that the authorization by the breeder of the initial variety to the breeder of essentially derived variety under sub section (2) of section 28 may be subject to such term and conditions as both the parties may mutually agree upon.

15. Some Conditions for registration
Breeder has to furnish information on geographical location of plant genetic resources used for development of the new variety.
Certificate of registration prescribes the conditions of entitlement of rights.
There is provision of one time renewal at the end of six years in case of annual crops and nine years in case of trees and vines.
The breeder has to pay annual fee for keeping the registration valid.

16. Grounds for denying registration
Identity of the variety is not clearly discernible for the specified characteristics.
The variety causes identity crisis among public in a manner to confuse or deceive them.
The denomination of the variety hurts religious sentiments of any section of citizens.
The variety bears solely or partly a geographical name.
The variety is likely to violate public order, morality, and that may cause injury to human, animal and plant life and health or prejudice to the environment.
The variety contains terminator gene or GURT (genetic use restriction technology).

17. Where to file Application ??
PVPFR Authority, New Delhi as notified by the Govt. of India
Branch Office for Assam at Guwahati

18. Important features of PPVFR in relation to the Breeder’s Right
Registration is voluntary, and not compulsory.
There is scope for registration of varieties of all plants (notified and to be notified by the Central Government), no scope for registration of micro-organisms.
The new varieties will have to fulfill the criteria of NDUS and the extant varieties the criteria of DUS to be eligible for registration under the Act.

19. Important features of PPVFR in relation to the Breeder’s right
The varieties must be denominated, i.e. properly named or designated.
On registration of a variety fulfilling the stated criteria, breeder’s right is granted for (registration of varieties has been started from February 2007):
18 years for trees and vines
15 years for annual/ biennial plants
15 years for extant varieties (from date of notification under Seeds Act, 1966)

20. Important features of PPVFR in relation to the Breeder’s right
Researchers are allowed to use the protected variety without prior approval from the PBR holder for the purpose of research and not for reproduction or multiplication of propagating material for commercial purpose.
Plant breeders are allowed to use the protected variety for breeding new varieties and for commercializing them without securing prior permission from the PBR holder of the initial variety.

21. Important features of PPVFR in relation to the Breeder’s right
When the Breeder or the Institution or their licensee fails to produce and supply enough planting material of the variety to farmers and causes short supply or charges prohibitively high prices for such planting material, the Authority can authorize another party for commercial production and marketing of planting material of the said variety for a period it may deem appropriate with even regulating the sale price. Authority may determine a reasonable compensation to be paid to the PBR holder.

22. Important features of PPVFR in relation to the Breeder’s right
Under the law, there exists a Plant Varieties Protection Appellate Tribunal which will entertain appeals against orders and decisions of the Registrars and the PPVFR Authority.
Appeal against orders of Tribunal shall lie in the High Court.

23. Benefits from PBR
Provide opportunity to the breeders for obtaining profits from varieties developed by them will act as incentive in promoting plant breeding research
Encourages the private companies to invest in plant breeding activities
Enable access to the varieties developed in other countries and protected by IPR laws
Enhance competition among various organizations engaged in plant breeding benefiting the farmers

24. Disadvantages of PBR
May encourage monopolies in genetic material for specific traits
Suppresses free exchange of genetic material and may encourage unhealthy practices
The holder of PBR-title may produce less seed than demand to increase price
May increase the cost of seed etc.

25. Thank you

27. Verification of the claim
The authority should be satisfied with the claims made by persons/ organizations regarding the contribution of the village/ community in the evolution of the variety registered under the Act.
On being satisfied, the Authority will issue notice in prescribed manner to the breeder asking to pay to the claimant a sum for compensation.

28. Benefit Sharing
On receipt of copy of certificate of registration, the PVPFR Authority shall publish the contents of the certificate.
Invite claims of benefit sharing to the registered variety in prescribed manner.
Any person or group of persons or firms or governmental or non-governmental organizations (NGO) shall submit claims of benefit sharing for the variety in prescribed form in stipulated time as prescribed.

29. Benefit Sharing (Contd..)
On receiving claims, the Authority shall send a copy of claims to the breeder of the variety
The breeder may submit his opposition to such claims

30. Benefit Sharing (Contd..)
The Authority shall indicate in its order the amount of benefit sharing, if any, for which the claimant is entitled considering
The extent and nature of the genetic materials of the claimant in the development of the variety
Amount of benefit sharing of the variety as determined by the Authority shall be deposited by the breeder in the National Gene Fund.