1/16/2014 1 Vignaan Pharmacy College, Vadlamudi. Presented By 10AB1R0042, Shajeeya Amren. Sk Guided By A. Viswanath, R. Karthikeyan, Vignan Pharmacy College
1/16/2014 1 Vignaan Pharmacy College, Vadlamudi.
Presented By
10AB1R0042,
Shajeeya Amren. Sk
Guided By
A. Viswanath,
R. Karthikeyan,
Vignan Pharmacy College
1/16/2014 2 Vignaan Pharmacy College, Vadlamudi.
Protection
• The term protection is to be understood in the
sense of intellectual property (IP) protection.
• MAPs can be protected by way of patents or plant
breeder’s right.
• The term protection does not refer to the concept
of protection in environmental law, or to the
concept of preservation or conservation. 1/16/2014 3 Vignaan Pharmacy College, Vadlamudi.
Intellectual property (IP) refers to creations of the mind:
inventions, literary and artistic works, and symbols,
names, images, and designs used in commerce.
……..WIPO
• UN organization dedicated to promoting the use and
protection of works of the human spirit.
• Headquarters in Geneva, Switzerland.
• 185 nations as member states.
• Manages all IPs.
• Training through Academy and Seminars 1/16/2014 4 Vignaan Pharmacy College, Vadlamudi.
• Reward original efforts
• Stimulate innovation and creativity
• Prevent duplication of work
• Commercial value in research
• Prevent exploitation of workers
• Technical information for research & to prevent
litigation
1/16/2014 5 Vignaan Pharmacy College, Vadlamudi.
IPR
Patents
Copy-Rights
Trade-mark
Ind. Design
Geo-graphical Indication
Int. circuits
Plant Breeder Rights
Trade secrets
1/16/2014 6 Vignaan Pharmacy College, Vadlamudi.
• Property Right INTELLECT – PROPERTY – RIGHT Idea Expression COPYRIGHT Idea Innovation Invention PATENT Idea Quality + Identity TRADEMARK Idea Appearance DESIGN Idea Keep Confidential No Disclosure
1/16/2014 7 Vignaan Pharmacy College, Vadlamudi.
Trade marks –The Trademarks Act 1999
Copy Right Works- The Copyright Act 1957
Designs- lines colours shapes etc. –The Designs Act 2000
Inventions- Products or Process-The Patents Act 1970
Plant variety protection – Plant Varieties and Farmers' Rights Act,
2001
Integrated circuits- The Semiconductor Integrated Circuits Layout-
design Act, 2000
Geographical Indications - Geographical Indications of Goods
(Registration and Protection) Act, 1999 came in force with effect
from September 2003. 1/16/2014 8 Vignaan Pharmacy College, Vadlamudi.
Act Ministry/Department
The Copyright Act, 1957 Higher Education
The Patents Act, 1970 Industrial Policy &
Promotion
The Designs Act, 2000 Industrial Policy &
Promotion
The Trade Marks Act, 1999 Industrial Policy &
Promotion
The Geographical Indications of Goods
(Registration and Protection) Act, 1999
Industrial Policy &
Promotion
The Semiconductor Integrated Circuits Layout-
Design Act, 2000
Information Technology
The Protection of Plant Varieties and Farmers’
Rights Act, 2001
Agriculture and Cooperation
1/16/2014 9 Vignaan Pharmacy College, Vadlamudi.
Plant Intellectual Protection
Plant Patent
Utility Patent
Plant Patent
Trade Secret
Genetic Mechanism
Hybrid
GURT’s
Contracts
Material Transfer Agreements
Bag Labels
Technology Use Agreements
Plant Breeder Rights
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 10
New Distinct
Uniform Stable
1/16/2014 11 Vignaan Pharmacy College, Vadlamudi.
Mentha piperita light
Mentha piperita dark
The patent application must show:
1) novelty
2) non-obviousness, or an inventive step
3) usefulness (US) or industrial applicability (Europe, Australia)
4) enablement
5) claim clarity
6) written description
7) best mode (United States only)
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 12
A utility patent grants the owner the right
to exclude others from:
1) making,
2) using,
3) selling or offering for sale or
4) Importing the protected invention for a 20 year
period* from the earliest file date.
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 13
• available in very few countries. The Plant Patent Act was enacted by
US congress in 1930.
• It was introduced primarily to benefit the horticulture industry by
encouraging plant breeding and increasing plant genetic diversity.
• Limited types of plants are eligible for protection
The Plant Patent Act 1930 (35 U.S.C. 161) provides for:
patent protection of all asexually reproduced plants
EXCEPT:
1) tuber-propagated plants and
2) plants found in an uncultivated state. 1/16/2014 Vignaan Pharmacy College, Vadlamudi. 14
Requirement for plant protection under TRIPs
International Union for the Protection of New Varieties of Plants (UPOV)
Plant protection mechanisms provided by sample countries
• Protection confers the right to exclude others from:
1) producing or reproducing,
2) propagating,
3) offering for sale,
4) selling or other marketing,
5) exporting, importing or
6) stocking for any of the above purposes the protected variety.
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 15
A trade secret is confidential information any formula, pattern, device, or
compilation of information that is used in a business and gives that business
an opportunity to obtain advantages over competitors.
• Secrecy: in the form of a confidentiality agreement or covenant. External
forms of protection such as security systems etc also impart the necessary
requirement of secrecy.
• Novelty: The subject of the secrecy must have been novel.
• Value: The subject of the trade secret must be of some value or give some
advantage over competitors.
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 16
• In some cases, specialized plant breeding can present an
alternative to intellectual property protection.
• Seeds resulting from hybrids show an extremely poor ability to
reliably reproduce the trait of interest in their progeny or next
generation.
• Genetic Use Restriction Technologies (GURTs) is technology
that allows the control of gene expression of an organism,
further allowing constraints or restrictions on the use of the
organism or trait.
• There are two main types of GURTs: variety-level GURT (v-
GURT) and trait- level GURT (t-GURT).
1/16/2014 Vignaan Pharmacy College, Vadlamudi. 17
Material Transfer Agreements
• Material Transfer Agreements (MTAs) are legal agreements made between a
provider and a recipient party when research material is being transferred between
institutions.
Bag Labels
• Bag label contracts are another form of legal protection which can be applied to
plants, especially seeds
Technology Use Agreements
• A technology use agreement is an agreement most commonly between technology
suppliers and farmers which usually controls the right to plant a given seed on a
specific area of land often for a certain period of time. 1/16/2014 Vignaan Pharmacy College, Vadlamudi. 18
Plant Patents
• Whoever invents or discovers and asexually reproduces
any distinct and new variety of plant, including
cultivated spores, mutants, hybrids, and newly found
seedlings, other than a tuber propagated plant or a plant
found in an uncultivated state. . . (35 U.S.C. § 161)
– No bacteria or similar single-cell organisms need apply!
1/16/2014 19 Vignaan Pharmacy College, Vadlamudi.
• Register able varieties and criteria:
New Varieties
Novelty, Distinctiveness, uniformity and stability
Extant varieties
Distinctiveness, uniformity and stability
• Persons who can Register
Breeders, farmers, universities, agricultural institutes
• Period of protection
15 years for annual crops
18 years for trees and vines
Vignaan Pharmacy College, Vadlamudi. 20 1/16/2014
• This Law Established Patent Rights For Developers Of New Varieties Of
Many Asexually Propagated Plants.
• Conventional Intellectual Property Law Does Not Adequately Cover Or
Protect Traditional Knowledge And Innovations Of Indigenous And Local
Peoples.
1/16/2014 21 Vignaan Pharmacy College, Vadlamudi.
• Mohan devan, IPR protection an overall view, journal of intellectual property rights
• Alimpan chatterjee, traditional knowledge herbal medicine and intellectual
property: a debate over rights
• Geertrui van overall intellectual property protection for medicinal and aromatic
plants centre for intellectual property rights, catholic university Leuven, e-mail:
• Bimal b.Bhaskar corporate & IPRpresentation on the protection of plant varieties
• Edmund jason g. Baranda plant variety protection
• Okan arihan, a. Mine gençler özkan2traditional medicine and intellectual property
rights hacettepe university, faculty of medicine, department of pharmacology.
• Internet source: http://www.uspto.gov/web/offices/pac/plant/
1/16/2014 22 Vignaan Pharmacy College, Vadlamudi.
I be grateful of my guides
A. Viswanath, R. Karthikeyan
for their immense support and encouragement
I also convey my in depth gratitude
to our beloved principle
Dr P. Srinivasa Babu
24