SEMINAR

ON
THE PPV & FR ACT, 2001 And THE PPV & FR RULES, 2003
Submitted by Mr. J. M. Patil Reg.No.2012/18

Submitted to Dr. V .R. Shelar Course Teacher & Seed Research Officer, Seed Technology Research Unit, MPKV, Rahuri-413 722

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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Events of PPV & FR Act

The PPV & FR act was passed on 30th October 2001. The PPV & FR rules were verified on 12th September 2003 The PPV & FR authority was established in 11th November 2005 Launching of registration of plant varieties was done on 20th February 2007 Authority initiate process of registration of varieties of notified crops from 21st may 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
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Why Protection for plants is require in India?

The Agreement on TRIPS requires WTO Members to introduce an effective system for 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 sui generis 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 Farmers Rights (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 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 .

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 industry and 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 the development of new plant varieties.

Facilitate the growth of seed industry in the country which will ensure the availability of high quality seeds and planting 6 material to the farmers.

General functions of the Authority

Registration 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
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What is plant variety protection and what purpose does 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.

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 and should be considered as a unit with regard to its suitability for being propagated unchanged .
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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 the date 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) Farmers variety : A variety which has been traditionally cultivated and evolved by the farmers in their fields or a variety which is a wild 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 other variety. c) It does not exhibit any important (as distinct from cosmetic) features that differentiate it from that other 11 variety.

Criteria for Protection

Criteria for Protection A new plant variety shall be protected by registration if it is novel, distinct, uniform and stable.

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 end of 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, 1966 13

Who can apply for the registration of a plant variety?

o Person claiming to be the breeder of the variety or his
successor or assignee.

o A farmer or a group of farmers claiming to be the breeder of

the variety.

o Any 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.
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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 of Plant 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 established two 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 fees 2. 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

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clarification of opposition made.

7 . Communication made for submission of lacking

Information
8. Application accepted for further processing 9 . 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
18 Section 20 (Within three months) Section 21 Within 2 months

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). No

Opposition 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 and private sector for development of new plant varieties. Giving effect to Article 27.3(b)of the TRIPs Agreement.
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THE PROTECTION OF PLANT VARIETIES AND FARMERSRIGHTS ACT, 2001

Rights of Breeders: Breeders Rights extend to Seeds and / or Propagating material of the protected variety to :

i)
ii) iii) iv) v) vi)

Production
Selling Marketing Distribution Export 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 whose varieties the protected variety is derived.

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THE PROTECTION OF PLANT VARIETIES AND FARMERSRIGHTS ACT, 2001

Farmers Rights : i) Entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed in the same manner as he was entitled earlier (Seeds for sale should not be branded) (essentially correspond to Farmers privilege in UPOV 78) ii) Full disclosure of the expected performance of the Seeds or planting material by the plant breeder. Where these fail to perform in the manner claimed by the breeder, the farmer may claim compensation from the plant breeder. iii) Reward the farmer who is engaged in the conservation and preservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and presentation. (Similar to the concept of Farmers Rights in ITPGR) 22

THE PROTECTION OF PLANT VARIETIES AND FARMERSRIGHTS ACT, 2001

Researchers Rights: Researchers Rights are recognised which grant them free and complete access to protected materials for research use in developing new varieties of plants. However, authorisation of the breeder is required whose repeated use of such variety as parental line is necessary for commercial production of such other newly developed variety. This provision in effect uses the formulation provided for in UPOV 78 for breeders exemption.

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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 may arise from its commercialisation on behalf of any village or local community. ii) Any individual or NGO can make a claim on behalf of a village or local community for the contribution that they had made in the evolution of any variety registered under the Act. (Amount of Compensation as determined by an Authority established under this legislation would be deposited by the breeder in the National Gene Fund)
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THE PROTECTION OF PLANT VARIETIES AND FARMERSRIGHTS ACT, 2001

Compulsory Licensing : Priority attached to the public interest over the interests of commercial breeders; Granting of compulsory licences to ensure availability of seed /planting materials of the protected variety in reasonable price, 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 a reasonable price. The terms and conditions of a Compulsory licence should ensure :
reasonable compensation to the breeder the licensee provide the farmers the seeds/propagating material in a timely manner and at a reasonable price.
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THE PROTECTION OF PLANT VARIETIES AND FARMERSRIGHTS ACT, 2001

Conditions Imposed on Applicants: Applicant must declare that :

a) Variety sought to be protected should not contain

terminator gene b) The genetic material or parental material has been lawfully acquired. Applicant should provide the passport date of the parental lines along with the geographical location in India from whose the genetic material has been taken. c) Contribution made by farmers, village community, institution or organisation in breeding, evolution or development of a variety and use of genetic material conserved by any tribal or rural families in its 26 breeding

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 Authority established under sub-section (1) of section 3;
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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 : 28 Corchorus olitorius L. and C. capsularis L.

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]

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Cost of registering a plant variety

No. Action Official fee Dependent on the nature and type test subject to a maximum of Rs. 50,000 per entry 2 Fees for registration of essentially derived varieties Individual Rs. 5,000/1 Conducting tests

Educational Rs. 7,000/Commercial Rs. 10,000/3 Renewal fee per year Individual Rs. 5,000/Educational Rs. 7,000/Commercial Rs. 10,000/4 Application for benefit sharing Rs. 5,000
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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 284 applications for new varieties, 900 applications for extant varieties and 9

applications for farmers variety.

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Protection of Plant Varieties and Farmers Rights Authority:

Chairperson
Registrar-General

:Dr. P.L. Gautam ,

: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, 2001

THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001

Chapter No I II

Title PRELIMINARY PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS AUTHORITY AND REGISTRY

III

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY

IV V

DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER FARMERS RIGHTS COMPULSORY LICENCE PLANT VARITIES PROTECTION APELLATE TRIBUNAL

VI VII VIII

IX
X XI

FINANCE, ACCOUNTS AND AUDIT

INFRINGEMENT, OFFENCES, PENALTIES AND PROCOEDURE MISCELLANEOUS
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THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS RULES, 2003

Chapter No I II III IV V VI Title PRELIMINARY PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION AUTHORITY REGISTRATION OF PLANT VARIETY REGISTRATION AND BENEFIT SHARING SURRENDER AND REVOCATION OF CERTIFICATE OF REGISTRATION AND RECTIFICATION AND CORRECTION OF REGISTER FARMERS RIGHTS

VII
VIII IX

COMPULSORY LICENCE
FINANCE, ACCOUNTS AND AUDIT MISCELLANEOUS

Form No PV 1 to PV 33 Schedule 1 to 4

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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 .
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SUMMARY
Period of validity of certificate of registration is 9 years (extendable up to 18 years) in case of trees and vines, and 6 years (extendable up to 15 years) in case of other crops.

The registration affords rights to farmers breeders, researchers & communities.

If the variety is not satisfactorily available to public, the Government 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 is applied to the goods. The penalty for infringement can be an injunction and damages or share of profit at the option of the plaintiff
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THANK

YOU ALL
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