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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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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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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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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


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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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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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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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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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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

PPV & FR _JMP

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