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8/13/2019 PPV & FR _JMP
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Submitted by
Mr. J. M. Patil
Reg.No.2012/18
SEMINAR
ON
Submitted to
Dr. V .R. ShelarCourse Teacher &
Seed Research Officer,
Seed Technology Research Unit,
MPKV, Rahuri-413 722
THE PPV & FR ACT, 2001And
THE PPV & FR RULES, 2003
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Major Features of Indian Agriculture
India is predominantly an agriculture based country.
More than 60 % population in India lives in rural areas .
About 65% of the population is engaged in agriculture.
Agriculture contributes 22% of GDP.
The average farm land holding is 1.57 ha.
About 93 % farmers have less than 4 ha of land and they operate on
55% of the arable land.
About 1.6 % farmers have less than 10 ha of land and they cultivate
on 17.4% of the arable land.
About 32% of population is below poverty line.
Only 37% agriculture land is irrigated which produce 60% food grains
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The PPV & FR act was passed on 30thOctober 2001.
The PPV & FR rules were verified on 12thSeptember 2003
The PPV & FR authority was established in 11thNovember 2005
Launching of registration of plant varieties was done on 20thFebruary 2007
Authority initiate process of registration of varieties of notified crops
from 21stmay 2007
National Gene Bank Authority was established in 2007.
National Register on Plant varieties was opened in 2008
First certificate of registration for extant varieties were issued in 2008
22 Agro Bio diversity hot spot were identified in 2008
Certificate of registration for new varieties & farmers variety
issued first time in 2009
Events of PPV & FR Act
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Why Protection for plants is require in India?
The Agreement on TRIPS requires WTO Members to introduce aneffective systemfor the protection of plant varieties .
Being a member of WTO and signatory of TRIPS, it was mandatory for
India to provide protection to plant varieties either by patent or by suigeneris system or by both. India exercised the sui generis option for
protection of plants and plant varieties .
The sui generis system means for effective protection of plant varieties.India enacted The Protection of Plant Varieties and FarmersRights
(PPVFR) Act on August 9, 2001 , for plant variety protection by
Lok Sabha .
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THE PLANT VARIETY PROTECTION AND FARMERS RIGHTS ACT 2001
A sui generis system , is an attempt by the Indian Government to
recognize and protect the rights of both commercial plantbreeders and farmers in respect of their contribution made in
conserving, improving and making available plant genetic
resources for development of new plant varieties and to
encourage the development of new plants varieties .
Protection of the plant varieties under the Act accelerates
agricultural development and stimulates investment for
research and development for the development of new plant
varieties which in turn facilities the growth of the seed industryand ensures the availability of high quality seeds and plant in
material to the farmers.
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Objectives of the PPV & FR Act, 2001
To establish an effective system for the protection of plant
varieties, the rights of farmers and plant breeders and to
encourage the development of new varieties of plants .
To recognize and protect the rights of farmers in respect of their
contributions made at any time in conserving, improving and
making available plant genetic resources for the development
of new plant varieties.
To accelerate agricultural development in the country, protect
plant breeders rights; stimulate investment for research and
development both in public & private sector for thedevelopment of new plant varieties.
Facilitate the growth of seed industry in the country which will
ensure the availability of high quality seeds and planting
material to the farmers. 6
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General functions of the AuthorityRegistration of new plant varieties, essentially derived
varieties (EDV ) and extant varieties
Developing DUS (Distinctiveness, Uniformity and Stability)
test guidelines for new plant species Developing
characterization and documentation of registered varieties
Cataloging facilities for all variety of plants Documentation ,indexing and cataloguing of farmers varieties
Recognizing and rewarding farmers, community of
farmers (from national gene fund ), particularly tribal and
rural community engaged in conservation, improvement,preservation of plant genetic resources of economic
plants and their wild relatives
Maintenance of the National Register of Plant Varieties
Maintenance of National Gene Bank 7
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What is plant variety protection and what purposedoes Plant Variety Protection (PVP) serve?
Plant variety protection provides legal protection
of a plant variety to a breeder in the form of Plant
Breeder's Rights.
Plant Breeder's Rights (PBRs) are intellectual
property rights that provide exclusive rights to a
breeder of the registered variety.
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What is a plant variety?
A variety is a plant grouping within a single
botanical of the lowest known rank, defined
by the expression of the characteristics
resulting from a given genotype or
combination of genotypes.
The variety should be distinguished from
other plant grouping by expression andshould be considered as a unit with regard
to its suitability for being propagated
unchanged .9
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What are registerable plant varieties in India?
1) New varieties: A variety which is not in public
domain in India earlier than one year before thedate of filing; or outside India, in the case of trees
or vines earlier than six years, or in any other
case, earlier than four years.
2 ) Extant variety : A variety which is notified under
Seed Act, 1966 or a variety about which there is
common knowledge or a farmers variety or any
other variety which is in public domain is
considered as an Extant variety.
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What are registerable plant varieties in India?
3) Farmersvariety :
A variety which has been traditionally cultivated and
evolved by the farmers in their fields or a variety which is awild relative or land race of a variety about which farmers
possess common knowledge.
4) Essentially derived variety (EDV ) by UPOV:
A plant variety is taken to be an essentially derived
variety of another plant variety if :
a) It is predominantly derived from that other plant variety
b) It retains the essential characteristics that result from
the genotype or combination of genotypes of that othervariety.
c) It does not exhibit any important (as distinct from
cosmetic) features that differentiate it from that other
variety.11
C it i f P t ti
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Criteria for Protection
Criteria for Protection A new plant variety shall be protected by
registration if it is novel , dis t inct , uni fo rm and s table.
1. Novel : A new variety shall be deemed to be novel. If at the date
of filing of application for registration for protection, the
propagating or harvested material of such variety has not been
sold or otherwise disposed of by or with the consent of the
breeder, for the purposes of exploitation of such variety(a) in India, for more that one year or
(b) outside India in the case of trees or vines, earlier than 6
years or, in any other case, earlier than four years.
2. Distinct : A new variety shall be deemed to be distinct if it is
clearly distinguishable by at least one essential characteristic
from any commonly known variety.
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3. Uniform :
The new variety shall be deemed to be uniform if, subject
to the variation that may be expected from the particular
features of its propagation, it is sufficiently uniform in its
essential characteristics.
4. Stable :
A new variety shall be deemed to be stable if its essential
characteristics remain unchanged after repeated propagation
or, in the case of a particular cycle of propagation, at the endof each such cycle. The requirement of stability means that a
variety must remain true to its description/character even after
repeated propagation .
Duration of protection for a registered plant variety:
Trees and vines - 18 years.
Other crops - 15 years.
Extant varieties - 15 years from the date of notification of
that variety by the Central Govt. under Seed Act, 196613
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Who can apply for the registration of a plant variety?
oPerson claiming to be the breeder of the variety or his
successor or assignee.
oA farmer or a group of farmers claiming to be the breeder of
the variety.
oAny person authorized by any of the persons specified
above to make application on their behalf Any university or
publicly funded agricultural institution claiming to be the
breeder of the variety.14
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Where to file the application for the registration of a plant
variety?
For this purposes of PPV &FR Act, 2001, Protection ofPlant Varieties and Farmers Rights Authority was
established in October, 2005.
Head Quarters is located at ,
NASC Complex,
DPS Marg ,
Opp-Todapur ,
New Delhi-110 012
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
The PPV & FRA has also establishedtwo Branch Offices
1.Assam Agricultural University
Campus, Khanapara, Guwahati
2.Birsa Agricultural University Campus,
Ranchi
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Registration of Plant Varieties
1. Application (filing) With all details as required in the application
along with the registration fees2. Initial Browsing Preliminary examination
3. If application in proper shape Acknowledgement receipt issued
4. File sorting done Unique Number allotted to each application
5. (a). Application issued for examination
(b). Simultaneous data entry in digital application Denomination
search for novelty and Distinctively Section14 and 23 Section
20
6. Examination Report submitted to Registrar Report discussed
and verified 17.11(b). Notice sent to the applicant regarding
clarification of opposition made.17
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7 . Communication made for submission of lacking
Information
8. Application accepted for further processing9 . Applicants asked to submit DUS fee and seeds
10. Passport data advertised in the PVJ of India for
opposition .11(i) Applicant fails to submit clarification within specified
time frame or Registrar not satisfied with reply Application is
to be rejected.(ii) Applicant satisfies the Registrar application is accepted
and carry forward for registration Reply within 30 days
Section 20 (Within three months) Section 21 Within 2 months18
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13. DUS report in accordance to data provided by applicant
14. Registration done
15. Certificate granted
16. Protection 15 yr (6+) For other than tree and wine 18 yr
(9+) For tree and wine
17. Certificate Entitlement 12. DUS test carried out 11(a). NoOpposition Section 24 ( 1)/23(4 ) Section 24 ( 2 )/23(8)
Section 28(4)
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
Protection of Plant Breeders Rights to
stimulate investment for research and
development, both in the public andprivate sector for development of new
plant varieties.
Giving effect to Article 27.3(b)of theTRIPs Agreement.
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001Rights of Breeders:
Breeders Rights extend to Seeds and / or Propagating material ofthe protected variety to :
i) Production
ii) Selling
iii) Marketing
iv) Distribution
v) Export
vi) Import
(Similar to UPOV 91)
However, if the breeders variety is essentially derived from a
farmers variety, the breeder cannot give any authorisation
without the consent of the farmers or communities from whosevarieties the protected variety is derived.
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
FarmersRights :
i) Entitled to save, use, sow, re-sow, exchange, share orsell his farm produce including seed in the samemanner as he was entitled earlier (Seeds for saleshould not be branded) (essentially correspond toFarmersprivilege in UPOV 78)
ii) Full disclosure of the expected performance of theSeeds or planting material by the plant breeder.Where these fail to perform in the manner claimed bythe breeder, the farmer may claim compensationfrom the plant breeder.
iii) Reward the farmer who is engaged in theconservation and preservation of genetic resourcesof land races and wild relatives of economic plantsand their improvement through selection andpresentation.
(Similar to the concept of FarmersRights in ITPGR)22
THE PROTECTION OF PLANT VARIETIES AND
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
Researchers Rights:
Researchers Rights are recognised whichgrant them free and complete access toprotected materials for research use in
developing new varieties of plants.However, authorisation of the breeder isrequired whose repeated use of suchvariety as parental line is necessary forcommercial production of such other newlydeveloped variety. This provision in effectuses the formulation provided for in UPOV
78 for breeders exemption.23
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
Benefit Sharing :i) For a variety registered as EDV, NGOs or
individuals can claim a share of benefits that mayarise from its commercialisation on behalf of anyvillage or local community.
ii) Any individual or NGO can make a claim onbehalf of a village or local community for thecontribution that they had made in the evolution ofany variety registered under the Act.
(Amount of Compensation as determined by anAuthority established under this legislation wouldbe deposited by the breeder in the National GeneFund)
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001
Compulsory Licensing :Priority attached to the public interest over the interests ofcommercial breeders;
Granting of compulsory licences to ensure availability of seed/planting materials of the protected variety in reasonableprice, if :
i) three years have elapsed since the date of registration;ii) reasonable requirements of the public for seeds or other
propagating material have not been satisfied;
iii) seed/propagating material not available to the public at areasonable price.
The terms and conditions of a Compulsory licence shouldensure :reasonable compensation to the breeder
the licensee provide the farmers the seeds/propagatingmaterial in a timely manner and at a reasonable price.
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THE PROTECTION OF PLANT VARIETIES AND
FARMERSRIGHTS ACT, 2001Conditions Imposed on Applicants:
Applicant must declare that :
a) Variety sought to be protected should not containterminator gene
b) The genetic material or parental material has beenlawfully acquired. Applicant should provide thepassport date of the parental lines along with thegeographical location in India from whose the geneticmaterial has been taken.
c) Contribution made by farmers, village community,institution or organisation in breeding, evolution ordevelopment of a variety and use of genetic materialconserved by any tribal or rural families in its
breeding26
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THE PROTECTION OF PLANT VARIETIES AND
FARMERS'RIGHTS RULES, 2003
These rules may be called the Protection of Plant
Varieties and Farmers' Rights Rules, 2003
(a)"Act" means the Protection of Plant Varieties
and Farmers' Rights Act, 2001 (53 of 2001);
(b) "Authority" means the Protection of Plant
Varieties and Farmers' Rights Authorityestablished under
sub-section (1) of section 3;
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What plants are co ered nder the PPVFR Act 2001
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What plants are covered under the PPVFR Act, 2001
As of now following 18 plant species can be registered under
the Act.
Cereals:
Rice, wheat, maize, sorghum, pearl millet
Legumes:Chickpea , mungbean , urdbean , field pea, rajmash ,
lentil, pigeon pea
Fibre Crop:
Gossypium arboreum L. and G. herbaceum L. (Diploid
cotton) and G. barbadense L. and G.hirsutum L.
( Tetraploid cotton));
Jute :
Corchorus olitorius L. and C. capsularis L.28
Oth l t i i th i li
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Other plant species in the pipeline are
Mango [ Mangifera indica L.]
Indian mustard [ Brassica juncea L.]
Rapeseed [ Brassica rapa L.]
Gobhi Sarson [ Brassica napus L.]
Groundnut [ Arachis hypogaea L.]
Castor [ Ricinus communis L.]
Linseed [ Linum usitatissimum L.]
Sesame [ Sesamum indicum L.]
Sunflower [ Helianthus annuus L.]
Safflower [ Carthamus tinctorius napus L.]
Soyabean [ Glycine max (L.)Merrill]29
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No. Action Official fee
1 Conducting tests Dependent on the nature and typetest subject to a maximum of Rs.
50,000 per entry
2 Fees for registration
of essentially derived varieties IndividualRs. 5,000/-
EducationalRs. 7,000/-
CommercialRs. 10,000/-
3 Renewal fee per year IndividualRs. 5,000/-
EducationalRs. 7,000/-
CommercialRs. 10,000/-
4 Application for benefit sharing Rs. 5,000
Cost of registering a plant variety
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What is the current status of the applications for registration
under PPV & FR Act
A total of around 1200 applications for registration have been
received by the Authority that includes 284applications for
new varieties, 900applications for extant varieties and 9applications for farmers variety.
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Protection of Plant Varieties and FarmersRights
Authority:
Chairperson :Dr. P.L. Gautam ,
Registrar-General :Dr. R.C. Agrawal
Registrar(Horticulture)
Registrar
(Forestry Crops & FR) : Dr. Manoj Srivastva
PPV & FR Authority : Dr. Tejbir Singh
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THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001
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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 ACT, 2001
Chapter No Title
I PRELIMINARY
II PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS
AUTHORITY AND REGISTRY
III REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY
DERIVED VARIETY
IV DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
V SURRENDER AND REVOCATION OF CERTIFICATE AND
RECTIFICATION AND CORRECTION OF REGISTER
VI FARMERS RIGHTS
VII COMPULSORY LICENCE
VIII PLANT VARITIES PROTECTION APELLATE TRIBUNAL
IX FINANCE, ACCOUNTS AND AUDIT
X INFRINGEMENT, OFFENCES, PENALTIES AND PROCOEDURE
XI MISCELLANEOUS
THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS RULES, 2003
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34
,
Chapter No Title
I PRELIMINARY
II PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION
AUTHORITY
III REGISTRATION OF PLANT VARIETY
IV REGISTRATION AND BENEFIT SHARING
V SURRENDER AND REVOCATION OF CERTIFICATE OF REGISTRATION AND
RECTIFICATION AND CORRECTION OF REGISTER
VI FARMERS RIGHTS
VII COMPULSORY LICENCE
VIII FINANCE, ACCOUNTS AND AUDIT
IX MISCELLANEOUS
Form No PV 1 to PV 33
Schedule 1 to 4
SUMMARY
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SUMMARY
Indian Parliament passed the protection of Plant Varieties and Farmers
Rights Act (PPVFR) in November 2001.
It is sui generis law providing due consideration to farmers rights plant
variety protection.
The variety is defined by the expression of the characteristics resulting
from a genotype of that plant grouping.
It should be distinguished from any other plant grouping by expression
of at least one of the said characteristics.
Farmers variety is one which is traditionally cultivated and evolved in
fields by the farmers.
The criterion for a variety to be registered under the Act is that it should
be Novel , Distinct , Uniform and Stable .35
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Period of validity of certificate of registration is 9 years (extendable
up to 18 years) in case of trees and vines, and 6 years (extendableup to 15 years) in case of other crops.
The registration affords rights to farmersbreeders, researchers &
communities.
If the variety is not satisfactorily available to public, theGovernment can issue compulsory license.
The infringement can occur if a variety is sold, exported, imported
or produced without the permission of the breeder of the
registered variety; or his agent, or deceptive denomination isapplied to the goods.
The penalty for infringement can be an injunction and damages or
share of profit at the option of the plaintiff
SUMMARY
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THANK YOU ALL37