Criteria for protection of new plant varieties and Farmers right act 2001

1. SIDDARUDH K. S. Ph.d shcolar UAS GKVK Bangalore

2. What is plant variety protection and what purpose does plant variety protection serve ?? Plant variety protection provides legal protection of a plant variety to a breeder in the form of plant Breeder Rights Plant Breeder Rights are intellectual property rights that provides exclusive rights to a breeder of the registered variety.

3. 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.

4. WHY PROTECTION FOR PLANTS IS REQUIRED IN INDIA The Agreement on TRIPS requires WTO members to introduce an effective system for the protection of plant varieties. Article 27 (3) 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 and 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.

5. WHAT IS A PLANT VARIETY A variety is a plant grouping within a single botanical taxon, 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.

6. WHAT ARE THE REGISTRABLE PLANT VARIETIES IN INDIA Four types of plant varieties can be registered under the Act a. 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. b. 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.

7. CONTD c. 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. d. Essentially Derived Variety (EDV): An essentially derived variety shall be said to be essentially derived from such initial variety when it is predominantly derived from such initial variety or from a variety that itself is predominantly derived from such initial variety while retaining the expression of the essential characteristics that result from the genotype or combination of genotype of such initial variety and it is clearly distinguishable from such initial variety. An EDV conforms to such initial variety that results from the genotype or combination of genotype of such initial variety.

8. WHAT ARE NON-REGISTERABLE PLANT VARIETIES IN INDIA All plant varieties cannot get legal protection in India. Certain Plant varieties are excluded from the protection under PPVFR Act 2001. . Varieties on exploitation are harmful to ecosystem (Human, Animals, Plants & Environment) Genetic use restriction technology (GURT) & Terminator technology Genus/ species not notified in official gazette at the time of filling application

9. WHAT ARE THE CRITERIA FOR PROTECTING A PLANT VARIETY To be eligible for protection, the plant variety must be: Distinct: A variety should be clearly distinguishable by at least one essential characteristic from existing or commonly known varieties in any country at the time of filing of the application. Uniform: A Variety must be sufficiently uniform in its essential characteristics. Stable: Essential characteristics of a variety must be stable after repeated propagation or in the case of a particular cycle of propagation at the end of each cycle.

10. 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.

11. WHO CAN APPLY FOR THE REGISTRATION OF A PLANT VARIETY Any person claiming to be the breeder of the variety; or any successor of the breeder of the variety or any person being the Assignee or the breeder of the variety in respect of the right to make such application or any farmer or group of farmers or community of farmers claiming to the breeder of the variety or any person authorised to make application on behalf of farmers or university or publicly funded agricultural institution claiming to the breeder of the variety.

12. WHERE TO FILE THE APPLICATION FOR THE REGISTRATION OF A PLANT VARIETY For the purposes of Protection of Plant Varieites and Framers Right Act, 2001 Protection of Plant Varieties and Farmers Right Authority was established in October 2005 and its Head Quarters is located at NASC Complex, DPS Marg, Opp-Todapur, New Delhi 110 012. Any information regarding protection, application, fee structure etc can be obtained from the office or at http://www.Plantauthority.gov.in/

13. IS THERE ANY NEED TO DEPOSIT SEED OR PROPAGATING MATERIAL BEFORE REGISTRATION Yes, the deposition of seeds is necessary for DUS test conducted by PPV & FR authority. The applicant needs to deposit the fixed amount of seed or propagating material with prescribed germination percentage, physical purity and phyto- sanitary standards along with the seed quality test report to the authority.

14. WHAT ARE THE EXEMPTIONS PROVIDED UNDER THE ACT Farmers Exemption: Farmer shall be entitled to produce, save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a variety protected under this Act. Researchers Exemption: Researchers are allowed to (i) use the registered variety for conducting experiment (ii) use the variety as an initial source of variety for the purpose of creating other varieties.

15. 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, Urdhean, Field Pea, Rajmash, Lentil, Pigeaon Pea. Fibre Crop: Four species of cotton namely Gossypium Arboreum L. and G. Herbaceum L. (Diploid Cotton) and G. Barbadense L. and G. Hirsutum L. (Tertaploid Cotton) Two species of Jute (Corchorus Olitorius L. and C. Capsularis L.)

16. WHAT ARE THE RIGHTS ENJOYED BY THE OWNER OF VARIETY/BREEDERS RIGHTS The owner of the protected variety has the following rights a. To produce b. To Sell c. To market d. To distribute e. To import and f. To export the variety.

17. PROCEDURE FOR FILING Eligible person to file application at Plant Variety Registry. Registrar to examine and on satisfaction accept application. Advertise the application for Public opinion. Register in case no opposition. Register the Variety and open for public for validation.

18. What comprises a plant variety protection Application Form? 1. Form I - for registration of new variety, extant variety and farmers variety and 2. Form II - for essentially derived varieties (EDVs) and transgenic varieties. 3. Technical Questionnaire attached with Form I and Form II for detailed information of the concerned variety. These filled application forms must be accompanied by the fee prescribed by the Authority.

19. cost of registering a plant variety Particulars Rupees 1 form charges 200 2 DUS test fee 20,000 3 Annual fee 2000 Others 4 Registration Charges 5000 5 DUS Testsite visit charges 500

20. Why Protection for plants is required in India? Compliance with TRIPS Some form of IPR protection is necessary for plants Can be in the form of patent protection; or By a sui generis system; or By a combination of both

21. Infringement (Sec. 64) Any one of the following done by a person other than the owner or without his authorisation / license Sells, exports, imports or exports a registered variety Sells, exports, imports or exports a variety deceptively similar to the registered variety

22. what is the current status of the applications for registration under ppvfr act A total around 1200 applications for registration have been received by the authority that includes 284 -new applications for new varieties, 900- applications for extant varieties & 9- applications for farmers variety

23. Acts not considered to be infringement Researcher Rights (Sec 30) : Use of variety for research and experimental purposes allowed Use of variety as an initial variety for the creation of a new variety allowed Repeated use of the variety for commercial production of a new variety is not allowed without the authorization of the breeder of the registered variety.

24. Duty of the Breeder of a Protected Variety Shall in all circumstances provide correctly the expected yield/performance under a given set of conditions Shall ensure that the denomination of the protected variety conforms with the description of the protected variety

25. Duty of the Breeder of a Protected Variety Shall in all circumstances provide correctly the expected yield/performance under a given set of conditions Shall ensure that the denomination of the protected variety conforms with the description of the protected variety

26. Who is a Farmer ? A farmer is defined in the PPVFRA as : Section 2(k) "farmer" means any person who-- i. cultivates crops by cultivating the land himself; or ii. cultivates crops by directly supervising the cultivation of land through any other person; or iii. conserves and preserves, severally or jointly'. with any person any wild species or traditional varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties

27. Farmers Rights (Sec 39) Has the same privilege with respect to a breeder of a variety A farmers variety shall be entitled for registration if a declaration has been made that the initial variety has been lawfully obtained Can save, use, sow, resow, exchange, share or sell his farm produce including seed of a protected variety The farmer as such cannot sell branded seeds of a protected variety A farmer can claim damages if the seed of the protected variety does not give the yield as stated by the breeder.

28. Protection Against Unintentional Use (Sec 42) The act provides farmers against the unintentional and accidental use of the protected variety No infringement if the farmer was unaware of the existence of the rights A relief granted as damages for infringement shall not be granted if the farmer proves before court that at that time he was unaware of the existence of such right

29. Farmers Are Exempted From Fees (Sec. 44) Farmer or a group of farmers not liable to pay Fees in any proceedings Including any fees payable for inspection For obtaining any copy of a document or a copy of a decision

30. A Compulsory Licensing System Section 47 If seeds of a protected variety are not available after 3 yrs of registration in adequate quantity, and at reasonable price, the Authority may grant license to a third party to (a) undertake production, and (b) distribution and sale of the seed on reasonable royalty

31. Objectives of Plant Variety Protection 1. To establish an effective or Sui generis system for protection of plant variety for the International recognition of the National Plant Variety Protection System. 2. Safeguards the interest of plant breeders 3. To recognize and protect farmers right for their contribution in conserving, improving and making available plant genetic resources for development of new plant varieties 4. Encouragement of investment in Plant Breeding 9/22/2014 31

32. General functions of the Authority Registration of new plant varieties, EDV and extant varieties Developing DUS test guidelines for new plant species Developing characterization and documentation of registered varieties Cataloging facilities for all variety of plants particularly tribal and rural community Maintenance of the National Register of Plant Varieties Maintenance of National Gene Fund 9/22/2014 32

33. Registerable plant varieties in India A variety which is not in public domain in India earlier than on 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. New Varieties A variety which is notified under Seed Act, 1966 or a variety about which there is common knowledge or farmers variety or any other variety which is in public domain Extant 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 Farmers Variety Predominantly derived from such initial variety, or from a variety that itself is predominantly derived from such initial variety, while retaining the expression of the essential characteristics that result from the genotype or combination of genotypes of such initial variety Essentially Derived Varieties (EDV) 9/22/2014 33

34. Non-Registrable plant varieties in India Varieties on exploitation are harmful to ecosystem (human, animal, plants & environment) Genetic use restriction technology (GURT) or terminator technology. Genus or species not notified in official gazette at the time of filing application Not capable of identifying such variety 9/22/2014 34

35. Streams Merged to the Act The three streams that merge to the PPV & FR Act, 2001. Breeders Rights Researcher' s Rights Farmers Rights 9/22/2014 35

36. Farmers Rights Entitled to: Save, use, sow resow, exchange or sell his farm produce Compensa tion for: Failure of expected performance of registered variety Protection Against: Innocent infringeme nt Exemption from: Payment of DUS testing fee 9/22/2014 36

37. Breeders Rights Rights to: a) Produce b) Sell, market, distribute c)Import or export seeds of the protected variety Breeders authorization for production or commercial exploitation of protected variety Penalties for infringement of Breeders right 9/22/2014 37

38. Researchers Rights Use of registered variety for conducting research Use of variety as an initial source of variety for purpose of creating other varieties provided that the authorization of the breeder of a registered variety is required 9/22/2014 38

39. Guidelines for submission of application Every application shall be filed in the office of registrar & must be signed by applicant or their representative. Every application must have the name of applicant, their address & nationality as well as address of service of their agent. A person can file up to maximum of three application per day. Application will be received on first come first serve basis. 9/22/2014 39

40. 9/22/2014 40 On successful submission of application the applicant will receive an acknowledgement slip. After submission of application it will be processed according to provision of rule 29 of PPVFR rules. After depositing stipulated DUS tests fee office shall issue receipt no. which shall be used for all future references.

41. Who can apply for the Registration of a Plant Variety? Persons claiming to be the breeder of the variety of his successor of assignee A farmer or a group of farmers claiming to be the breeder of the variety Any person authorized by any of the persons specified above to make application on their behalf Any university of publicly funded agricultural institution claiming to be the breeder of the variety 9/22/2014 41

42. Procedure for Registration Advertisement of application in Gazette of India Acceptance after validation of information Receipt or acknowledgement Initial scrutiny Submission of application form + technical questionnaire to authority 9/22/2014 42

43. Registrar shall hear both the parties Registrar refer a copy of counter statement to opposition and requiring submission of final opposition Counter statement by applicant within 2 months A copy of opposition notice referred by register to applicant Opposition notice with prescribed fee within 3 months Invitations of objections within 3 months 9/22/2014 43

44. Publication of contents of certificate and invites claims of benefit sharing Issue of certification of registration Found distinct, uniform, stable and new Conduct DUS test (2 years at 2 location) After considering evidences, Registrar may uphold or reject opposition 9/22/2014 44

45. If claims are found to be genuine, breeder has to deposit amount of benefit sharing Evidences given by both parties duly considered by the authority while disposing of any claim for benefit sharing Breeder may submit his notice of opposition to claim within 3 months On receiving claims authority send a copy of claims to breeder of registered variety 9/22/2014 45

46. Period of Protection 9/22/2014 46 Type Initial (Years) Extendable (Years) Total (Years) Field Crops (New) 6 9 15 Trees and Vines (New) 9 9 18 Extant Variety (Notified) 15 Years from the date of notification

47. Benefits of Plant Variety Protection Protection of Breeders Rights By granting Certificates of Registration By granting exclusive rights to produce, sale, market, distribute, import or export the seeds of Protected Variety 9/22/2014 47

48. Protection of Researchers Rights Can use any protected Variety for experimental purpose Can use it as an initial source to develop other varieties Benefits of Plant Variety Protection 9/22/2014 48

49. Protection of Farmers Rights Rights to use seed of protected variety for sowing, resowing, exchange and sale of its produce except in brand name Right to register Traditional Varieties as breeder Right to get Rewards and Recognition from Gene Fund. 9/22/2014 49

50. Considerations for effective implementation of the Act 1. Notification of crops species The criteria for selecting the crops could be the crops on which we are dependent for food and nutritional security, including major cereals, pulses, oilseeds, vegetables and fruit crops Crop species important for India in the world trade, species of Indian origin (Why) 9/22/2014 50

51. 2. Awareness generation Awareness among scientists, policy makers and breeders as well as farmers, village communities and the private seed sector Awareness generation and information empowerment is a must through vernacular press, radio, television and the Internet In order to ensure that the farmer as a breeder and conserver secures the recognition and reward provided under the Act 9/22/2014 51

52. 3. Institutional structure for effective implementation a. The registration of extant and new plant varieties subject to such terms and conditions and in the manner as may be prescribed b. Developing characterization and documentation of varieties registered under this Act c. Documentation, indexing and cataloguing of farmers varieties d. Compulsory cataloguing facilities for all varieties of plants 9/22/2014 52

53. (e) Seeds of variety registered under the Act should be made available to the farmers (f) Collecting statistics with regard to plant varieties including the contribution of any person at any time in the evolution of development of any plant variety (g) Ensuring the maintenance of the Register of plant varieties 9/22/2014 53

54. 4. Storage of reference samples Important component of this act Requires enough and appropriate storage infrastructure Storage of vegetatively propagated materials requires specialized techniques and competence Scientific personnel need to be trained accordingly and specific centers would have to be identified and equipped for this purpose 9/22/2014 54

55. 5. National Gene Fund Credited there of: The benefit sharing from the breeder The annual fee payable to the authority by way of royalties By the compensation provided to the communities as defined under section Contribution from any national and international organization and other sources Helps for: Shares to benefit claimers Used for supporting conservation and sustainable use of genetic resources 9/22/2014 55

56. THANK YOU

Criteria for protection of new plant varieties and Farmers right act 2001

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