Background
In India there is no provision of Plant Patent under Ministry of Commerce and Industry. But there is a separate authority under the Govt. of Agriculture India. One can protect a new variety of plant under Protection of Plant variety and Farmer’s Right Act 2001
Govt of India, Ministry of Agriculture and Co-operation, NASC complex, DPS MArg, Todapur village, New Delhi
The official website is https://plantauthority.gov.in/
The approach created by the International Union for the Protection of New Varieties of Plants has been accepted by the majority of nations (UPOV). Plant varieties must demonstrate their distinctiveness by satisfying the criteria of distinctness, uniformity, and stability in order to receive protection.
“To provide and promote an effective system of plant variety protection, with the aim of encouraging the development of new varieties of plants for the benefit of society”
The Agreement on TRIPs requires WTO Members to introduce an “effective system” for the protection of plant varieties. Article 27 3 (b) of the TRIPS agreement reads:
Member countries may exclude
“plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof.”
Why Plant Variety?
- Food security
- Agricultural productivity/research
- Reduced production cost
- Improved quality
- More efficient use of inputs
- less dependence on pesticides
- Better resistance
- Economic development
What is plant variety protection and what is its purpose?
Plant breeder’s rights, which are a sort of plant variety protection, give a breeder legal protection for a particular plant variety. Plant Breeder’s Rights (PBRs) are types of intellectual property that grant a registered variety’s breeder exclusive right.
The Plant Variety Protection and Farmers Rights Act (PPVFRA), a sui generis system, is an effort by the Indian government to acknowledge and protect the rights of both commercial plant breeders and farmers in respect of their contribution to conserving, enhancing, and making plant genetic resources accessible for the development of new plant varieties. It also aims to promote the development of new plant varieties.
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.
The Plant Variety Protection and Farmers Rights Act (PPVFRA), 2001, a sui generis system, is an attempt by the Indian Government to recognize and protect the rights of both commercial plant breeders 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.
The PPVFR Act 2001, protection of plant varieties promotes investment in research and development for the creation of new plant varieties, which promotes the expansion of the seed industry and guarantees that farmers have access to high-quality seeds and planting materials.
What is a plant variety?
A variety is a grouping of plants within a single botanical taxon that has the lowest known rank and is identified by the expression of traits coming from a specific genotype or genotype combination. By expression, the variety should be separated from other plant groupings, and its suitability for unaltered propagation should be taken into account as a unit.
A variety is a plant grouping within a single botanical taxon 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 and should be considered as a unit with regard to its suitability for being propagated unchanged.
What are the Criteria for protection of plant variety?
To protect a plant variety it should satisfy the following test
DUS testing
- Distinctiveness
- uniformity
- Stability
Plant breeders variety
NDUS
- Novel
- Distinctiveness
- uniformity
- Stability
Extant and Farmers variety
DUS
What are registerable plant varieties in India?
Four types of plant varieties can be registered under PPVFR Act, 2001. –
1) New varieties: A variety that has not been in the public domain in India for more than a year prior to the filing date; outside India, for trees or vines, for more than six years; or in any other situation, for more than four years.
2) Extant variety: A variety is regarded to be “Extant” if it has been notified under the Seed Act of 1966, is well known, is a farmers’ variety, or falls under any other category that falls under the public domain.
3) Farmers’ variety: a variety that farmers have historically grown and developed in their fields, or a variety that is a wild relative or land race of a variety that farmers are familiar with.
4) Essentially derived variety (EDV): A variety is said to be “essentially derived” from an initial variety when it expresses the essential traits that come from the genotype or combination of genotypes in the initial variety and can be easily distinguished from the initial variety. It can be predominantly derived from the initial variety or from a variety that is itself predominantly derived from the initial variety. An EDV complies with the first variety produced by the genotype or genotype combination of the initial variety.
What are non-registerable plant varieties in India?
In India, not all plant species are entitled to legal protection. The PPVFR Act of 2001 excludes several plant kinds from protection. Any variety whose commercial exploitation is prohibited to uphold public morals, protect human, animal, and plant life and health, or prevent irreparable harm to the environment, or any variety with terminator technology, cannot be registered for protection under the Act. The same goes for any variety that belongs to a species or genus that is not listed in the Central Government’s notification.
What are the criteria for protecting a plant variety?
To be eligible for protection, the plant variety must be:
- a) Distinct: At the time of application filing, a variety must be easily distinguished from existing or well-known varieties in any country by at least one essential attribute.b) Uniform: A variety’s primary characteristics must be sufficiently uniform.c) Stable: A variety’s primary traits must endure recurrent propagation or, in the case of a specific cycle of propagation, at the conclusion of each cycle.
What is the 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 Government under Seed Act, 1966
Who can apply for the registration of a plant variety?
Any person claiming to be the variety’s breeder, as well as any successor, assignee, or variety breeder in regard to the right to submit such an application, as well as any farmer, group of farmers, or community of farmers claiming to be the variety’s breeder, as well as any person qualified to submit an application on their behalf.
