IPR in Indian Agriculture

Dr. S. Manickam, Scientist Senior Scale Central Institute for Cotton Research, Regional Station, Coimbatore - 641 003

20-01-2005

DUS Training IPR in Indian Agriculture

Concept of IPR in Indian Agriculture

Need to provide
Incentives to institutions/ individuals/ organisations engaged in creative work Monetary return on investment in research Plant breeders right to sustain plant breeding activity

Adequate protection and recognition of farmers as suppliers of germplasm Plant Breeders right will help in
Stimulate research and developing new varieties of plants Facilitating growth of seed industry Ensuring high quality seed to farmers Accelerating agricultural growth

DUS Training IPR in Indian Agriculture

Forms of IPR
Patents: Novelty, non-obviousness, involve inventive steps and utility, Plant Breeders Rights: Novelty, Distinctness, Uniformity and Stability (DUS), Trade Secret: Non tangible items, no formal applications Trade Mark: Reservation of word or symbol. No time period for protection.

DUS Training IPR in Indian Agriculture

Registration of Plant Varieties

Protection of registered varieties Plant variety registry and its office to facilitate registration Registrar General of plant varieties and registrars are responsible for registration National register of plant varieties to contain details of all registered plant varieties
DUS Training IPR in Indian Agriculture

Plant Varieties for Registration

Genera and species of new plant varieties as notified by the central government under section 29 (2) of the Act Extant variety
Farmers Variety A variety about which there is a common knowledge Any other variety in public domain
DUS Training IPR in Indian Agriculture

Notified under section 5 of the Seeds Act 1966

Criteria for Registration

New Plant Varieties Novelty, Distinctness,
Uniformity and Stability Extant Varieties - Distinctness, Uniformity and Stability as prescribed

DUS Training IPR in Indian Agriculture

Registration may be done by

Breeders or their successors or assignees Farmers or group / community of farmers who have bred or cultivated or conserved the variety University or public funded agricultural institutions who have bred the variety

DUS Training IPR in Indian Agriculture

Breeder to deposit seeds or propagating material

The breeder shall be required to deposit such quantity of seeds or propagating material including parental lines seeds of registered variety in the National Gene Bank as may be specified in the regulation for reproduction purpose at the breeders expense within such time as may be specified in that order

DUS Training IPR in Indian Agriculture

Determination of benefit sharing by Authority

On receipt of copy of the certificate of registration, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. On invitation of the claims any person or group of persons or firm or governmental or non-governmental organization shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fee, as may be prescribed
DUS Training IPR in Indian Agriculture

Registration to confer right

Subject to other provisions of this Act, a certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor, his agent or licensee to produce, sell, market, distribute, import or export the variety.

DUS Training IPR in Indian Agriculture

Breeders Rights
Rights to
Produce Sell, Market & Distribute Import / Export seeds of the protected variety

Breeders authorization for production & commercial exploitation of the protected variety
DUS Training IPR in Indian Agriculture

Farmers Rights
Rights to save, use, exchange, share and sell farm produce of a protected variety, except sale of branded seed Farmers recognised as breeders, conservers, preservers, and cultivators or traditional varieties Recognition and reward from national gene fund Registration of extant varieties including farmers varieties Farmers to be compensated for lower than specified yield Farmers to be protected from acts of innocent infringement
DUS Training IPR in Indian Agriculture

Communities Rights
Recognition of the role of traditional communities in conserving and preserving genetic resources of land races and wild relatives Compensation for contribution of village or local communities in evolving a variety Compensation to be determined by PVP Authority and deposited in Gene Fund
DUS Training IPR in Indian Agriculture

Researchers Rights
Free access to protected variety for bonafide research purposes

DUS Training IPR in Indian Agriculture

Payment of Annual Fee

The authority may, with the prior approval of the Central Government, by notification in the Official Gazette, impose a fee to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this Act determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may be, in respect of the variety for the retention of their registration under this Act.
DUS Training IPR in Indian Agriculture

PVP - Authority
Membership does not include specialists However, Authority can appoint committees.

DUS Training IPR in Indian Agriculture

Power of Central Government to make rules

The fee to be deposited by the applicant The manner and the method of conducting the tests The manner of advertising specifications of variety for registration including its photograph or drawing

DUS Training IPR in Indian Agriculture

Functions of Authority
Authority will provide for Documentation, indexing and cataloguing of farmers varieties NBPGR DUS testing of extant and new varieties ICAR AICRPs

DUS Training IPR in Indian Agriculture

The way ahead

The PVP & FR Act Will provide an effective system for the protection of plant varieties in view of Farmers rights Will stimulate investments for research and development both in public and private sectors for the development of varieties Will facilitate growth of seed industry
DUS Training IPR in Indian Agriculture

Penalty for default

Penalty for unauthorized selling seeds of varieties protected under PVP&FR Act First offence Imprisonment for 6 months to 2 years and / or fine of Rs. 50,000/- to 5 lakhs Subsequent offence - Imprisonment for 1-3 years and / or fine of Rs. 2 - 25 lakhs
DUS Training IPR in Indian Agriculture

Thank you
DUS Training IPR in Indian Agriculture