GI & Protection of Plant Varieties

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GEOGRAPHICAL INDICATIONS & PROTECTION OF PLANT VARIETIES

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GEOGRAPHICAL INDICATIONS

What is Geographical Indication?

A geographical indication (GI) is a name or sign used on certain products which corresponds to a specific geographical location or origin (e.g. a town, region, or country)

Examples: Basmati rice, Swiss watches etc

Types of GI

Protected designations of origin (PDO): Characteristics resulting solely from

the terrain and abilities of producers in the region of production with which they are associated. (require all stages of the food production process to be carried out in the area concerned)

“Huile d’olive de Nyons” and “Shetland lamb”

Types of GI

Protected geographic indications (PGI):– Characteristic or reputation associating

them with a given area, and at least one stage in the production process must be carried out in that area, while the raw materials used in production may come from another region

– “Arancia Rossa di Sicilia”

Why GI is to be protected ?

Denote quality and origin of products

Good reputation for the product

Preventing the product from generic

products

Protecting the domestic market from

competitors

Advantages of GI:

Legal protection and preventing from unauthorized use

Benefits for farmers and local producers

Boost the rural development Reduces unfair practices of trade Preserving local culture and

resources Provides complete information to

consumers

How are GIs protected?

In accordance with international treaties and national laws under a wide range of concepts:– special laws for the protection

of geographical indications or appellations of origin

– trademark laws in the form of collective marks or certification marks

– laws against unfair competition

– consumer protection laws, or– specific laws or decrees that

recognize individual geographical indications.

WIPO and GI:

International treaties: part or entire protection of geographical indications.

Providing General Standards of Protection:– Paris Convention: (Article 10 and

10ter) False indications of the source of goods

– Madrid Agreement: Repression of False or deceptive indication of source of goods.

WIPO and GI:

Governing Registration System for obtaining Protection:– Lisbon Agreement for the Protection of

Appellations of Origin and their International Registration

– Madrid Agreement Concerning the International Registration of Marks

– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (which also provides for the international registration of certification marks)

WIPO and GI:

The TRIPS Agreement - (came into effect on 1 January 1995): addresses the international protection of GIs within the framework of the World Trade Organization (WTO)– Standards– Enforcement– Dispute Settlement

Articles 22 to 24: definition - legal means - ex-officio invalidation - unfair competition - exceptions.

WIPO and GI:

Through the work of the Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT).

The WIPO international/worldwide Symposia, (held every two years).

WIPO GOLD is a free public resource which provides a one-stop gateway to WIPO’s global collections of searchable IP data. 

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GEOGRAPHICAL INDICATIONS-DEFINITION

• It is an indication. • It originates from a definite geographical

territory. • It is used to identify agricultural, natural

or manufactured goods.• The manufactured goods should be

produced or processed or prepared in that territory.

• It should have a special quality or reputation or other characteristics.

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BENEFITS OF GIs It confers legal protection. Prevents unauthorized use of a Registered GI’s by

others. It promotes economic prosperity of producers of

goods produced in a geographical territory. Boosts the export. Can serve as source-identifiers for consumers. Helps the producers develop consumer loyalty. Plays a role in consumer decisions, including

willingness to pay a higher price for regionally branded food products.

For example, geographic location is an important component of wine pricing.

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EXAMPLES OF GIs

INDIA Basmati rice Darjeeling tea Kanchipuram silk

saree Alphonsa mango Nagpur orange Kolhapuri chappal

WORLD Canadian whisky Swiss watches Florida oranges Champagne Tequilla Kimchi New Zealand lamb

Examples

Feni (liquor) from Goa, Paithani and Banaras saree, Kanchipuram silk saree, Nagpur oranges,

Alphonso Mangoes (many other varieties),

Kolhapuri chappals, Lonavala Chikki, Tirunelveli Halwa,foodstuffs like Mysore rasam and many

others

Darjeeling tea, Basmati Rice, Bikaneri Bhujia,

We purchase these products simply for their qualitative properties attributing the same to their geographical origin.

From ancient times every region had its claim to fame for its products for example Arabia for horses, China for its silk, Dhaka for its muslin, Venice for glass, India for its spices.

Economic Importance and products sell at premium. Basmati rice exports form India and Pakistan, Darjeeling tea, a registered GI sells at a premium world over.

In India the Geographical Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003.

The salient features of the Act are defines Geographical Indication, provides a mechanism for registration of GIs, establishes a GI Registry, elaborates the concept of authorised user and registered proprietor, higher level of protection for notified goods and remedies for infringements.

Section 2(e) of the Act defines a GI as : “geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

Explanation: - For the purposes of this clause, any name which is not the name of a country, region or locality of that country shall also be considered as the geographical indication if it relates to a specific geographical area and is used upon or in relation to particular goods originating from that country, region or locality, as the case may be;”

‘Goods’ means any agricultural, natural or manufactured goods or any goods of handicraft or of industry and includes food stuff.

‘Producer’ also defined Produces, deals, exploitation , manufactures as the case may be.

Therefore to qualify for protection an indication must: 1. Identify the good and its area of

geographical origin. 2.Possess a given quality, reputation or other

characteristics which 3.Is essentially attributable to its area of

geographic origin. Manufactured goods over a period of time while

agricultural goods easily discernable.

Registry

GI Registry at Chennai having all India jurisdiction. Registry maintains a Register of GI which is divided in to two

parts, Part A and Part B. Part A contains details of distinguishing characteristics of the goods and of the registered proprietor which would be an association of persons or producers or a body representing interest of such producers like for instance the Tea Board, Coffee Board, Spices Board etc. To include all producers a collective reference may be made in the application.

Part B contains particulars of ‘authorised users’ of GI such as those producers (traders and dealers) who have not been included in the original application for registration. (this provision included due to socio economic factors)

Prohibitions S. 9 lays down the following prohibitions to registration of

certain GI:-a. the use of which would be likely to deceive or cause confusion; orb. the use of which would be contrary to any law for the time being in

force;orc. which comprises or contains scandalous or obscene matter; or d. which comprises or contains any matter likely to hurt the religious

susceptibilities of any class or section of the citizens of India; or e.   which would otherwise be disentitled to protection in a court; or f. which are determined to generic names or indications of goods

and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to disuse in that country; or

g. which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.

Application Section 11 of the Act deals with application for

registration, its contents, making and filing, acceptance or refusal.

Once filed the Registrar will have the Application examined and may consult a expert group to verify the technical details. Thereafter the Examination report is issued to which the Applicant files a reply and on satisfaction the Registrar accepts the Application which will then be published in the GI journal. Any person then can file a Notice of Opposition within a maximum period of four months of publication in the Journal. Thereafter the matter will for reply, evidence and then hearing. If the Registrar accepts the Application then a certificate of registration issued.

Registration is valid for ten years but can be renewed from time to time on payment of renewal fee.

Similar procedure followed for registration as an ‘authorised user’.

Effect The Act provides that once the GI is registered, an

infringement action can be initiated both by the registered proprietor and by authorised users whose names have been entered on the Register.

A registered GI is infringed by a person who not being an authorised user, uses such GI by any means in the designation or presentation that indicates or suggests that such goods originates in a geographical area other than the true place of origin of such goods in a misleading manner or uses a GI which constitutes an act of Unfair competition (Act explains it as dishonest practices).

The Act provides for both civil and criminal remedies for infringement.

The civil includes imposition of fines, forfeiture to government of all goods and things means of which the offence had been committed, damages, account of profit, together with or without any order for delivery of the infringing label and indications for destruction or erasure.

The criminal remedies includes imposition of fine or imprisonment or both.

In addition the statute vide section 25 prohibits registration of GI as a trade mark. The Registrar of Trade Marks shall suo motu or at the request of interested party refuse or invalidate the registration of a trade mark which consists of a GI with respect to goods not originating in the territory which such GI indicates, if use of such a GI as a trade mark would confuse or mislead the public as to the true origin of the goods. However, the Act protects use of trademarks that consists of a GI where it is registered in good faith under the Trade Marks Act or where the right to such trade mark was acquired prior to coming in to force of the Act.

Higher level of protection for notified goods (TRIPS ). This will enable such higher level of protection not only in respect of wines and spirits but for other goods as may be decided by the Govt.

The Act says that in respect of the such notified goods, infringement shall include, interalia, using of such expression as ‘Kind”, “style”, “imitation”, or like expressions by unauthorised users. Such additional protection requires no proof of likelihood of deception. Such prohibition also applies to translations and the use of such GI for notified goods would be forbidden whenever the goods do not come from the area in question.

Also a trade mark shall not be granted, if it contains a GI for Notified goods and the products do not originate from the region in question.

The Act makes no difference between an Indian GI or a foreign GI.

The Act apart form according statutory protection to this form of Intellectual Property would ensure and orderly marketing of premium products. The civil and criminal legal remedies available under the statute would facilitate business confidence among the producers and manufacturers.

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TRIPS Agreement

Copyright and related rights Trade marks Geographical Indications (GIs) Industrial designs Patents Layout designs of integrated circuits Protection of undisclosed information Control of anti-competitive practices in

contractual licences

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GIs – the concept

GIs are essentially the DNA of Nature impregnated into the Mother Earth – difficult to clone and beyond scientific calculation.

GIs are about culture, geography, traditions, heritage and traditional practices of people and countries.

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Geographical Indications

Any noun or adjective (need not necessarily be a geographical name) that designates geographical location and would tend to be regarded by buyers as descriptive of the geographical location of origin of goods.

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GIs and Developing Countries Instrument of Rural Development - promotion of products

having certain characteristics could be of considerable benefit to the rural economy, in particular to less-favored or remote areas, by improving the incomes of farmers and by retaining the rural population in these areas (EC Regulation 2081/92) – e.g. Italian Tuscan Olive Oil sold at premium ever since its registration in 1998.

Differentiation of products can lead to:– Increase in prices of the protected products– Allows genuine producers to capture the rents, entry

barriers for “fakes” More Antiguan Coffee and Darjeeling Tea sold than produced -

shows large market for genuine products. Issue is whether the framework is appropriate for developing

countries.

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What is the GI extension issue?

o Article 22 deals with GIs at a general level.

o Article 23 offers an additional level of protection to wine and spirit GIs

o Additional level means that member states are to protect against incorrect usage of the relevant GI even without the requirement of deception and confusion

o Under Article 22 they are to protect against misleading and incorrect usage.

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To illustrate….

Article 22o The expression “Indian

Gruyere cheese” actionable only on proving that:

Gruyere as a cheese is well known in India

The said expression would be misleading as to geographical origin

Article 23o The expression “Indian

Champagne” actionable:

Merely on the ground that such usage is incorrect (despite the de-localizing factor ‘Indian’)

Not necessary to prove that it is well-known in India.

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What is so unfair about Art. 23?

In the same provision dealing with one type of product, there are two levels of protection.

Benefits to only wine producing countries – most of them are developed countries

Most developing countries do not have wines as a major revenue earning product – mostly their products are handicrafts, rice, tea coffee, spices etc.

Their economies are heavily dependant on such products Given the disparities, these products might find it difficult to

compete in international markets Take the case of India which has a diversity in every area –

be it culture, traditions, food, art forms, crafts.

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Ground realities of Article 23 Scope of Article 23 protection

o Wine and spirit GIs are protected against qualifiers such as ‘kind’, ‘type’, ‘style’, ‘imitation’ etc., as well as de-localizing elements. There is no need to prove deception and confusion

o Hence, these GIs are spared from varying and subjective interpretations of ‘unfair competition’ by various national courts thereby leading to an equal and even legal status of the GI.

o Consequently, the GI never becomes generic

What is not under the purview of Article 23?o Protects only identical GIs - Champagne v. Champagne

o Does not protect expressions deceptively similar to a GI - Cognac v. Calognac

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Practical effects of protection under Article 23

Wine and spirit GIs get an additional level of protection and will never become generic once protected

Other GI owners have to invest huge resources to defend their GIs in foreign markets

WTO members can also enter into negotiations for increased level of protection of wine and spirit GIs with other members without letting the exceptions in Article 24 affecting them– For instance, if France wants to hold negotiations with US

for Champagne, US can’t use Art. 24.4 exception– Whereas if India wants to hold negotiations with the US for

Darjeeling or Basmati misuse, US can use the 24.4 and 24.5 exceptions

The protection offered to GIs under TRIPS amounts to having double standards

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Indian GI Act Framework

GIs can be granted to an individual, a family, a partnership, a corporation, a voluntary association etc or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods.

GIs protect and reward traditions while allowing for products to evolve over time

GIs can be protected over long periods as long as the collective tradition is maintained – – Indian Act protects GIs for an initial period of 10 years,

which can be renewed after the expiry of the initial period of protection for another 10 years

– GIs would cease to be on the register if not renewed six months after the expiration of the last registration

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India’s famous GIs

Banarasi silks Paschmina shawls Kashmir carpets Basmati rice Darjeeling tea Assam tea Bengal Cotton Alphonso Mangoes Pochampalli silk Chanderi silk Hyderabad pearls Kerala Nendran bananas Jaipur silver jewellery

Nilgiri tea Coorg coffee Mysore sandal products Mysore silk Malabar pepper Kancheepuram silks Lonawala chikis (food

stuff) Nilgiri tea Coir products from Kerala Cardamom from Kerala Aranmula mirrors Nagpur oranges Phulkari embroidery work

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Geographical Indication  

Product  

State  

Dateof

Registration

Darjeeling Tea Tea West Bengal 29.10.04

Pochampally Ikat Textile Andhra Pradesh 31.12.04

Chanderi saree Textile Guna, 28.01.05

Madhya Pradesh

Kotpad Handloom fabric Textile Koraput, Orissa 02.06.05

Kota Doria Textiles Kota, Rajasthan 05.07.05

Kancheepuram silk Textiles Tamil Nadu 02.06.05

Bhavani Jamakkalam Textile, carpets Erode,Tamil Nadu

05.07.05

Mysore Agarbathi Incense sticks Mysore, Karnataka

02.06.05

Aranmula Kannadi Metal Mirror Kerala 19.09.05

Salem Fabric Textiles Tamil Nadu 19.09.05

Solapur Chaddar Textiles Maharashtra 19.09.05

Solapur Terry Towel Textiles Maharashtra 19.09.05

Mysore Silk Textiles Karnataka 28.11.05

Kullu Shawl Textiles Himachal Pradesh

12.12.05

Madurai Sungudi Textiles Tamil Nadu 12.12.05

Kangra Tea Tea Himachal Pradesh

12.12.05

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Geographical Indication  

Product  

State  

Dateof

Registration

Coorg Orange Horticulture Product

Karnataka 30.01.2006

Mysore Betel Leaf Horticulture Product

Karnataka 30.01.2006

Nanjanagud Banana Horticulture Product

Karnataka 30.01.2006

Mysore Sandalwood Oil Essential Oil Karnataka 30.01.2006

Mysore Sandal Soap Soap Karnataka 30.01.2006

Bidriware Handicrafts Karnataka 30.01.2006

Channapatna Toys and Dolls Handicrafts Karnataka 30.01.2006

Coimbatore Wet Grinder Wet Grinder Tamil Nadu 30.01.2006

Mysore Rosewood Inlay Handicrafts Karnataka 30.01.2006

Kasuti Embroidery Embroidery (Textiles)

Karnataka 30.01.2006

Mysore Traditional Paintings

Paintings Karnataka 30.01.2006

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Case of Basmati Rice

Bas – Aroma, Basmati – Aromatic Rice Production area – belt on Northern India

and adjacent part of Pakistan Unique Characteristics – long grain

(increases substantially on cooking), distinctive aroma and taste.

Efforts to usurp the GI Case for joint registration – India and

Pakistan.

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GI Registration in SAARC

Economic potential untapped Products similarity - distinctive signs for distinct

products Need to address territoriality - SAARC cooperation

needed Need to protect at home – essential clause of

TRIPS Agreement - GI registration not in itself can protect valuable reputation.

Need to take this as a development issue Role of the Governments

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Registry At Chennai having all India jurisdiction. Registry maintains a Register of GI which is

divided in to two parts, Part A and Part B. Part A contains details of distinguishing characteristics of the goods and of the registered proprietor which would be an association of persons or producers or a body representing interest of such producers like for instance the Tea Board, Coffee Board, Spices Board etc. To include all producers a collective reference may be made in the application.

Part B contains particulars of ‘authorised users’ of GI such as those producers (traders and dealers) who have not been included in the original application for registration. (this provision included due to socio economic factors)

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Prohibitions• The use of which would be likely to deceive or cause

confusion; or

• The use of which would be contrary to any law for the time being in force;or

• which comprises or contains scandalous or obscene matter; or

• which comprises or contains any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India; or

• which would otherwise be disentitled to protection in a court; or

• which are determined to generic names or indications of goods and are, therefore, not or ceases to be protected in their country of origin, or which have fallen in to disuse in that country; or

• which, although literally true as to the territory, region or locality in which the goods originate, but falsely represent to the persons that the goods originate in another territory, region or locality, as the case may be.

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Effect

The Act provides that once the GI is registered, an infringement action can be initiated both by the registered proprietor and by authorised users whose names have been entered on the Register.

A registered GI is infringed by a person who

not being an authorised user, uses such GI by any means in the designation or presentation that indicates or suggests that such goods originates in a geographical area other than the true place of origin of such goods in a misleading manner or uses a GI which constitutes an act of Unfair competition (Act explains it as dishonest practices).

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Who can apply for the registration of a geographical indication?

• Any association of persons, producers, organization or authority established by or under the law can apply

• The applicant must represent the interest of the producers

• The applicant should be in writing in the prescribed form

• The applicant should be addressed to the Registrar of Geographical Indications along with prescribed fee

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IMPACT OF GIs ON DEVELOPING COUNTRIES

Encourages rural development. Facilitates market access. Saves local natural resources . Plays an important role in the preservation

of cultural identity.

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Is the registration of a Geographic Indication compulsory and how does it help the

applicant?

• Registration is not compulsory • Registration affords better legal protection to

facilitate an action for infringement • The registered proprietor and authorized

users can initiate infringement actions • The authorized user can exercise the

exclusive right to use the Geographical Indication

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How long the registration of Geographical Indication is valid?

• The registration of a Geographical Indication is valid for a period of 10 years.

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Difference between GI and Trademark

GEOGRAPHICAL INDICATIONS

GIs may be used by all

producers and traders

whose products originate from a particular place and therefore share

typical characteristics.

TRADEMARKA trademark is a sign which is used in the course of trade and it distinguishesgoods or services ofone enterprise from those of other enterprises.

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STEPS INVOLVED IN CREATING REGISTERS FOR GIs

Compile a list of the special products grown or manufactured in a region, which have geographical peculiarities.

Obtain detailed information of the relation of geography to the product - for e.g. the soil quality, weather, water, etc.

Identify the specific human resources required in the manufacturing process.

Perform a qualitative & quantitative classification of the product.

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STEPS INVOLVED IN CREATING REGISTERS FOR GIs

Establish the commercial viability of the product.

Compile a history of the profession whether it is hereditary & belongs to a particular community.

Record whether the product is used for domestic purpose e.g. for medicinal, cosmetic or as diet ingredient.

Most importantly, clearly identify its traditional, religious or cultural uses.

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GEOGRAPHICAL INDICATIONS OF GOODS (Regulation and Protection) ACT

Under Section 1(e) it is defined that ‘Geographic Indication’ in relation to goods, means an

indication which identifies such goods as agricultural goods, natural goods or manufactured goods as

originating or manufactured in the territory of a country or a

region or locality in that territory, where a given quality reputation or other characteristic of such good is essentially attributed to its geographical origin and

in case where such goods are manufactured goods,

one of the activities of either the production or of

processing or preparation of the goods concerned takes place

in such territory, region or locality as the case may

be.

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FOCUS OF THE ACT

Quality ,reputation or other characteristic of such good, which is essentially attributed to its geographical origin.

In doing so, the geographical domain can be a territory of a country or a region or locality in that territory.

The quality of the product is attributed essentially to its geographical origin and if it is of goods either the raw material production or processing or the preparation shall take place in such territory.

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CASE STUDY - INDIA

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BASMATI CASE STUDY In late 1997, an American

company RiceTec Inc, was granted a patent by the US patent office to call the aromatic rice grown outside India 'Basmati'.

RiceTec Inc, had been trying to enter the international Basmati market with brands like 'Kasmati' and 'Texmati' described as Basmati-type rice with minimal success.

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BASMATI CASE STUDY

However, with the Basmati patent rights, RiceTec will now be able to not only call its aromatic rice Basmati within the US, but also label it Basmati for its exports.)

India and Pakistan will not only lose out on the 45,000 tonne US import market, which forms 10 percent of the total Basmati exports.

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BASMATI CASE STUDY

In addition, the patent on Basmati is believed to be a violation of the fundamental fact that the long grain aromatic rice grown only in Punjab, Haryana, and Uttar Pradesh is called Basmati.."

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BASMATI CASE STUDY Basmati rice means the "queen of fragrance or the

perfumed one." Grown in the foothills of the Himalayas for thousands of

years. Perfumy, nut-like flavor and aroma. A long-grained rice with a fine texture Costliest rice in the world. Favored by emperors and praised by poets for hundreds

of years. India is the second largest producer of rice after China,

and grows over a tenth of the world's wheat.

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BASMATI CASE STUDY In the abstract, "the invention relates to novel rice lines

and to plants and grains of these lines . . . . . Specifically, one aspect of the invention relates to novel rice lines whose plants are semi-dwarf in stature, substantially photoperiod insensitive and high yielding, and produce rice grains having characteristics similar or superior to those of good quality Basmati rice. Another aspect of the invention relates to novel rice lines produced from novel rice lines . . . . "

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BASMATI CASE STUDY According to Dr Vandana Shiva, director of a Delhi-based

research foundation which monitors issues involving patents and biopiracy,

Moreover, she claims the "theft involved in the Basmati patent is, therefore, threefold:

- a theft of collective intellectual and biodiversity heritage on Indian farmers,

- a theft from Indian traders and exporters whose markets are being stolen by RiceTec Inc., and ,

- a deception of consumers since RiceTec is using a stolen name Basmati for rice which is derived from Indian rice but not grown in India, and hence not the same quality."

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NEEM TREE CASE STUDY U.S and India are currently involved in a biopiracy dispute

over the rights to a tree indigenous to the Indian subcontinent, the neem tree.

The neem tree has been used in India for over 2000 years for various purposes such as pesticides, spermicides and toothbrushes.

A US company has been suing Indian companies for producing the emulsion because they have a patent on the process.

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JAPAN KOREA KIMCHI DISPUTE

Dispute over Korean traditional side dish, kimchi. Kimchi is garlicky, peppery, pungent pickled cabbage. Japanese-style kimchi has been getting popularity in Japan. The amount of Japanese kimchi export excesses that of

Korean kimchi export. South Korea has asked the WHO and the FAOs Codex

Alimentarius commission to establish an international standard of "kimchi".

Japanese Kimchi is cheaper than the traditional Korean Kimchi

Less spicy than Korean Kimchi Korean kimchi is made with Chinese cabbage, red pepper,

garlic, salted fish and ginger, and then fermented in clay containers for at least four weeks.

Japanese kimchi is made with Chinese cabbage and artificial flavor, skipping the fermentation process.

WIPO GOLD

GI in India: In India the Geographical

Indications of Goods (Registration and Protection) Act, 1999 came in force with effect from September 2003.

Section 2(e) of the Act defines a GI as : “geographical indication”, in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristic of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.”

Process of registration in India:

Producers dealing with the following three categories of goods can apply:– Agricultural Goods includes the

production, processing, trading or dealing

– Natural Goods includes exploiting, trading or dealing

– Handicrafts or Industrial goods include making, manufacturing, trading or dealing

How to apply?

The application must be filed at the Office of the GI Registry located in Chennai– Geographical Signification of the

Indication – Class of goods;– Geographical Area;– Details of the appearance;– Particulars of the producers;– Affidavit deposing the Applicant’s right

to become the Registrant;

The Registrar will have the Application examined.

Published in the GI journal. Notice of Opposition within a

maximum period of four months of publication in the Journal.

If the Registrar accepts the Application then a certificate of registration issued.

Darjeeling Tea

Most coveted tea in the world. Darjeeling planters association

formed in 1892. Achieved international status similar

to champagne or scotch whisky. Darjeeling logo as well as the word

are now registered as the certification trademarks of the board under Trademarks act of 1999.

GI in Italy

Mostly used in Agricultural and food processing sectors

The Mozzarella di Bufala and Brunello Assosciations

More geographic indications than any other EU country(21% of GI’s in EU)

More a question of culinary methods than geographically-tied agricultural production.

‘Abbacchio Romano’

Sheep breed believed to originally came from Sardinia.

''an age-old association with Rome's rural roots'' and only lambs from approved farms can be used in the dish.

The word abbacchio, believed to come from the dialect term 'bacchio' for the stick once used to stun animals before the slaughter, is only used in Rome and the Lazio region.

Conclusion:

Efforts to create more distinct laws

and regulations.

Joint work of all the bodies

associated.

Removal of ambiguity.

More benefits to the customers and

also to the producers.

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PLANT VARIETY PROTECTION

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PLANT VARIETY DEFINITIONThe UPOV Convention defines PLANT VARIETY as:“A plant grouping within a single botanical taxon of the

lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder's right are fully met, can be

defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,

distinguished from any other plant grouping by the expression of at least one of the said characteristics and

considered as a unit with regard to its suitability for being propagated unchanged;"

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NEED FOR PROTECTION OF PLANT VARIETY

New varieties of plants are of a better quality and disease resistant.

Increased productivity and hence cost effective. Better marketability and improves the economic

value The development of breeding programs for

certain species can remove the threat to the survival of the species in the wild.

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BENEFITS OF PROTECTION

Economic benefits, such as varieties with improved yields lead to a reductions in the price of end-products for consumers.

Health benefits, for example through varieties with improved nutritional content.

Environmental benefits, such as varieties with improved disease resistance or stress tolerance.

Pleasure, such as that afforded by ornamental plants.

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PLANT VARIETY PROTECTION ACT

Provides developers of new varieties of plants some patent-like rights ,that protect the reproduction and distribution of their varieties.

Varieties that are protected under this act can be sold as seed stocks only with permission of the certificate holder and in some cases, only as a class of Certified seed.

Varieties that are protected must have labels on the seed containers indicating the type of protection.

Farmers may save a limited amount of seed for replanting, but cannot sell it to anyone without permission of the owner.

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HOW TO APPLY

To request protection for a new variety, the applicant completes an application packet. The complete packet must contain the following items :

Exhibit A. The origin and breeding history of the variety are presented, including geneology, breeding method, selection criteria, and evidence of uniformity and stability. Variants, predictable deviants from the standard variety description, must be described and their frequencies stated. Exhibit B. The novelty statement lists specific characters in which the subject variety differs from all other varieties in the crop.

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HOW TO APPLY

Exhibit C. An objective description of the variety is given. The PVP Office has developed forms for use in describing varieties of many crops. They are constantly improving older forms or creating forms for new crops. Breeders and other knowledgeable persons are consulted before a draft form is finalized.

Exhibit E. The basis of the applicant's ownership is stated by describing how ownership was obtained.

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HOW TO APPLY

Seed Sample. A voucher specimen of 2,500 viable seeds (85 percent or greater germination rate) isrequired when the application is filed.

Fees. The filing fee ($250) and the examination fee ($1,900) are payable to the Treasurer of the United States. The PVP Office is completely funded by user fees, so fees may occasionally be raised to cover operating costs.

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HOW TO APPLY

Additional information concerning the variety can by given in exhibit D. Information in this exhibit may include test-cross results, trial data, isozyme or other molecular test results, photographs, possible uses for the variety or its products, specific descriptive information not disclosed elsewhere in the application, or anything the applicant feels may be useful. This section may be omitted if the data is placed in another exhibit.

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CONDITIONS FOR THE GRANT OF THE BREEDERS RIGHT

A variety shall be granted protection if it is New- It should not have been sold. Distinct- Clearly distinguishable from any other variety . Uniform-If subjected to variation that may be expected

from the particular features of its propagation, it should be sufficiently uniform in its relevant characteristics.

Stable -A variety is deemed to be stable if its relevant characteristics remain unchanged after repeated propagation.

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STRUCTURE OF THE ORGANIZATION

The "International Union for the Protection of New Varieties of Plants" was established by the UPOV Convention in 1961.

The permanent organs of the Union are the Council and the Office of the Union.

The Council has established a Consultative Committee, an Administrative and Legal Committee and a Technical Committee.

In addition, it has established Technical Working Parties.

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CONCLUSION - GIs

Need to protect TRADITIONAL KNOWLEDGE.

Difficult to apply IP rights on culture and cultural products.

Hence proper consolidation and documentation is necessary

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CONCLUSION - PVP

Ensures legal protection. The PVPA protects sexually reproduced and

tuber propagated plants. The Plant Patent Act is limited to asexually

reproduced plants, excluding tuber propagated plants .

THE PROTECTION OF PLANT VARITIES AND FARMERS’ RIGHTS ACT 2001 –

INDIA

Objectives:

– - Protection of the rights of farmers for their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties.

– - 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.

Coverage of varieties :

– New Varieties (genera and species which can be registered will be notified subsequently)

- Extant varieties - Farmers varieties - Breeders can exercise their rights over any

variety that is essentially derived from the protected variety. Provided that the authorisation by the breeder of the initial variety to the breeder of edv is on mutually agreed upon terms and conditions.

Essentially derived variety is defined as : i) 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.

ii) Is clearly distinguishable from such initial variety; and

iii) Conforms to such initial variety in the expression of the essential characteristics

(Similar to UPOV 91)

Conditions for Protection: A variety is protected if it conforms to the criteria

of : - novelty - distinctiveness - uniformity - stability (These terms have been clearly defined in the

legislation – Section 15) (Similar to UPOV)

Rights of Breeders: Breeders Rights extend to Seeds and / or

Propagating material of the 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 whose varieties the protected variety is derived.

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.

– i) 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)

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 breeder’s exemption.

– ______________________________________________________

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)

– 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.

– 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 breeding.

_________________

SUCHITRA PATENT

DEPARTMENT ALTACIT

GLOBAL

PROTECTION OF PLANT VARIETIES AND FARMERS

RIGHTS ACT, 2001

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’s rights. Plant Breeder’s Rights are intellectual property rights that provide exclusive rights to a breeder of the registered variety.

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.

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.

WHAT IS A PLANT VARIETY

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 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 farmer’s variety or any other variety which is in public domain is considered as an Extant Variety.

CONTD…

c. Farmer’s 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.

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. Any variety where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment or any varieties which has terminator technology or any variety belonging to the species or genera which is not listed in the notification issued by the Central Government cannot be registered for the protection under the Act.

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.

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 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.

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/

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.

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.

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.)

WHAT ARE THE RIGHTS ENJOYED BY THE OWNER OF VARIETY/BREEDER’S 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.

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.

THANK YOU

PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT

P. ILANANGAIIP CONSULTANTALTACIT GLOBAL

PLANT VARIETY PROTECTION AND THE PURPOSE

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 are intellectual property rights that provide exclusive rights to a breeder of the registered variety.

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.

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.

• India is among the first countries in the world to have passed legislation granting Farmers' Rights in the form of the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR).

• Nine rights are given to farmers under the Act including: the rights to save, exchange and (to a limited extent) sell seeds and propagating material, to register varieties, to recognition and reward for conservation of varieties, to benefit sharing, to information about expected performance of a variety, compensation for failure of variety to perform, availability of seeds of registered variety, free services for registration, conducting tests on varieties, legal claims under the Act, and protection from infringement.

PLANT VARIETY

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.

REGISTERABLE PLANT VARIETIES IN INDIA

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.

Extant Variety: A Variety which is notified under Seed Act, 1966 or a variety about which there is common knowledge or a farmer’s variety or any other variety which is in public domain is considers as an Extant Variety.

contd…

Farmer’s 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.

Essentially Derived Variety (EDV): i)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.

ii) Is clearly distinguishable from such initial variety; and

iii) Conforms to such initial variety in the expression of the essential characteristics

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. Any variety where prevention of commercial exploitation of such variety is necessary to protect public order or public morality or human, animal and plant life and health or to avoid serious prejudice to the environment or any varieties which has terminator technology or any variety belonging to the species or genera which is not listed in the notification issued by the Central Government cannot be registered for the protection under the Act.

CRITERIA FOR PROTECTING A PLANT VARIETY

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.

WHO CAN APPLY FOR THE REGISTRATION OF A PLANT VARIETY?

any person claiming to be the breeder of the variety;

any successor of the breeder of the variety; any person being the Assignee or the breeder of

the variety in respect of the right to make such application;

any farmer or group of farmers or community of farmers claiming to the breeder of the variety;

any person authorized to make application on behalf of farmers; and

any university or publicly funded agricultural institution claiming to the breeder of the variety.

WHERE TO FILE THE APPLICATION FOR THE REGISTRATION OF A PLANT VARIETY?

• For the purposes of Protection of Plant Varieties 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/

PREREQUISITES FOR FILING AN APPLICATION FORM FOR REGISTERATION OF PLANT

VARIETY Denomination assigned to such variety An affidavit that variety does not contain any gene or gene

sequence involving terminator technology Complete passport data of parental lines with its geographical

location in India and all such information relating to the contribution if any, of any farmer(s) village, community, institution etc in breeding and developing the variety

Characteristics of variety with description of Novelty, Distinctiveness, Uniformity and Stability

A declaration that the genetic material used for breeding of such variety has been lawfully acquired

A breeder or other person making application for registration shall disclose the use of genetic material conserved by any tribal or rural families for improvement of such variety

DEPOSITION OF SEED OR PROPAGATING MATERIAL BEFORE REGISTRATION

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 and physical purity along with the seed quality test report to the authority.

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.

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.

PLANTS THAT ARE COVERED UNDER THE PPVFR ACT

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.)

THE RIGHTS ENJOYED BY THE OWNER OF VARIETY/BREEDER’S 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.

The knowledge of the indigenous people and the traditional farmers has made a significant contribution in the development of new crop types and biodiversity conservation.

Monsanto sued farmers for re-sowing GM seed62: Monsanto Company is suing dozens of American and Canadian farmers for infringement of its patent on genetically modified (GM) crops. Investigators hired by the company keeps an eye on the farmers and collect evidence of the illegal planting of the Monsanto’s GM crops of cotton, maize, rapeseed and soybean. Farmers who used Monsanto’s crops to produce seed for planting have been fined thousand of dollars for patent infringement and some face bankruptcy. The company also advertises a toll-free-telephone number for people to inform on farmers who use unlicensed seed.

BENEFIT SHARING The Plant Variety Act of India has benefit sharing

mechanisms which requires sharing the benefits arising from commercialization of traditional knowledge. The bio-diversity has a great economic value and hence need to be conserved. Unless there is adequate incentive for conserving the bio diversity for future generations, there will be genetic erosion that will ultimately be detrimental to the interests of the society.

Case Study of Jeevani: the Miracle Drug The drug Jeevani is developed from the perennial plant

Arogyapaacha. Four patent applications were filed on Jeevani. The technology was then licensed to the Arya Vaidya Pharmacy Ltd. an Indian pharmaceutical manufacturer pursuing the commercialization of ayurvedic herbal formulations. A trust was established to share the benefits arising from the commercialization of the traditional knowledge based drug called ‘Jeevani’. The rationale attributed being, if the local communities had not conserved the biodiversity, the probability of scientists making any selection at all would have been remote or nil.

THANK YOU