Which plant varieties can not be protected under this Act?

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A plant variety which is – Not capable of identifying such variety; or Consists solely of figures; or Is liable to mislead or to cause confusion concerning the characteristics, value, identify of such variety, or the identity of breeder of such variety; Is likely to deceive the public or cause confusion in the public regarding… Read more »

What are farmers’ rights in Plant Varieties and Farmers’ Rights Act?

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The farmers’ rights as defined in the Act are following – A farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this Act; The farmers’ variety shall be entitled for registration if the application contains declaration as… Read more »

How novelty, distinctiveness, uniformity & stability have been defined in the Protection of Plant Varieties and Farmers’ Rights Act?

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Compulsory Plant Variety denomination: After satisfying the following four essential criteria every applicant shall assign a single and distinct denomination to a variety with respect to which he is seeking registration.   Novelty – Plant variety is novel if at the date of filing of the application for registration for protection, the propagating or harvested material… Read more »

What is the meaning of “Essentially Derived Variety” as per PPVFR Act, 2001?

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“Essentially Derived Variety” is a variety which is predominantly derived from another variety (protected or otherwise) and conforms to the initial variety in all aspects except for the differences which result from the act of derivation, and yet is clearly distinguishable from such initial variety. Variety means a plant grouping except micro-organism within a single… Read more »

How is an “Extant Variety” defined in PPVFR Act 2001?

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“Extant Variety” means a variety, which is– Notified under section 5 of the Seeds Act, 1966 (54 of 1966). A farmers’ variety. A variety about which there is common knowledge. Any other variety which is in the public domain. Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which… Read more »

What kind of varieties are registerable under the plant variety Act?

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These kind of varieties are registerable under the plant variety Act –  A new variety if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. An extant variety if it conforms to criteria of distinctiveness, uniformity and stability. Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators of… Read more »

What are the objectives of Protection of Plant Varieties and Farmers’ Rights Act in India?

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The objectives of the Protection of Plant Varieties and Farmers’ Rights Act are following – To stimulate investments for research and development both in the public and the private sectors for the developments of new plant varieties by ensuring appropriate returns on such investments. To facilitate the growth of the seed industry in the country… Read more »

Is there any Act for protecting a new plant variety in India?

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The Protection of Plant Varieties and Farmers’ Rights Act 2001 was enacted in India to protect the new plant varieties. Rules for the same were notified in 2003. The Act has now come into force. The Protection of Plant Varieties and Farmers’ Rights Authority has been set up and is responsible to administer the Act…. Read more »

What are the differences between invention and innovation?

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Invention means a new product or process involving an inventive step and capable of industrial application. Innovation means: The successful exploitation of new ideas in the form of a useful machinery or process, by any person, using own intellect is called as innovation. Every innovation may not be patentable invention but every invention is an… Read more »

What are the governing laws in india for IPR?

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These are the governing laws in india for IPR – Patent Act 1970 Trade Marks Act (1958 original) 1999 The Copyright Act 1957 The design Act 2000 Geographical Indication of Goods (Registration and Protection) Act 1999 Plant Variety and Farmers Right Protection Act 2001. Intellectual Property Rights (IPR) are about creations of the mind, they… Read more »