Which plant varieties can not be protected under this Act?

Which plant varieties can not be protected under this Act?
Which plant varieties can not be protected under this Act?

A plant variety which is –

  1. Not capable of identifying such variety; or
  2. Consists solely of figures; or
  3. Is liable to mislead or to cause confusion concerning the characteristics, value, identify of such variety, or the identity of breeder of such variety;
  4. Is likely to deceive the public or cause confusion in the public regarding the identity of such variety;
  5. Is comprised of nay matter likely to hurt the religious sentiments respectively of any class or section of the citizens of India;
  6. Is prohibited for use as a name or emblem for any of the purposes;
  7. Is comprised of solely or partly of geographical name.

Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be-

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping.

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

(iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

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

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

The farmers’ rights as defined in the Act are following –

  1. 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;
  2. The farmers’ variety shall be entitled for registration if the application contains declaration as specified in clause (h) or sub-section (1) of section 18;
  3. A farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund.
    Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act;
  4. A farmer shall be deemed to be entitled to save, use, sow, resow, exchange, share or sell his farm produce including seed of a variety protected under this Act in the same manner as he was entitled before the coming into force of this Act.

 

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

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

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 of such variety has not been sold or otherwise disposed of by or with the consent of breeder or his successor for the purpose of exploitation of such variety-
  1. In India earlier than one year or
  2. Outside India , in the case of trees or vines earlier than six years or in any other case, earlier than four years.

Provided that a trial of a new variety which has not been sold otherwise disposed of shall not affect the right to protection.
Provided further that the fact that on the date of filing the application for registration, propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety.

  • Distinctiveness – New plant variety will be considered distinct if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application.
  • Uniformity – New plant variety will pass uniformity test, if subject to the variation that may be expected from the particular features of its propagation, it is sufficiently uniform in its essential characteristics.
  • Stability – New plant variety will be considered stable if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular cycle of propagation, at the end of each such cycle.

 

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

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

“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 botanical taxon of the lowest known rank, which can be-

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping.

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

(iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators of IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.

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

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

“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 can be-

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping.

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

(iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators of IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.

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

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

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 IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.

Plant Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be- (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping. (ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and (iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

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

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

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 through domestic and foreign investment which will ensure the availability of high quality seeds and planting material to Indian farmers.
  • To recognize the role of farmers as cultivators and conservers and the contribution of traditional, rural and tribal communities to the country’s agro biodiversity by rewarding them for their contribution through benefit sharing and protecting the traditional right of the farmers.

More importantly this act provides safeguards to farmers by giving farmers’ rights while providing for an effective system of protection of plant breeders’ rights. The Act seeks to safeguard researchers’ rights as well. It also contains provisions for safeguarding the larger public interest.

The farmer’s rights include his traditional rights to save, use, share or sell his farm produce of a variety protected under this Act provided the sale is not for the purpose of reproduction under a commercial marketing arrangement.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into these categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements, (8) Plant Variety

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

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

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. The office of the Registrar has started receiving applications for registration of twelve notified crops viz. rice, lentil, maize, green gram, kidney bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread wheat.


Under the TRIPS agreement it is obligatory on part of a Member to provide protection to new plant variety either through patent or an effective sui generis system or a combination of these two systems. India was therefore under an obligation to introduce a system for protecting new plant variety.

India opted for sui generis system and enacted The Protection of Plant Varieties and Farmers’ Rights Act 2001. However, in many countries such plants can be protected through Breeders’ Rights, patents and UPOV Convention.

Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. IPR are granted to an inventor or creator, designer in lieu of the discloser of his/her knowledge.

What are the differences between invention and innovation?

What are the differences between invention and innovation?
What are the differences between invention and innovation?

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 innovation. All the inventions are the innovations and are patentable, but all the innovations are not the patentable inventions.

Intellectual Property Rights – Intellectual Property Rights are statutory rights once granted allows the creator(s) or owner(s) of the intellectual property to exclude others from exploiting the same commercially for a given period of time. It allows the creator(s)/owner(s) to have the benefits from their work when these are exploited commercially. IPR are granted to an inventor or creator, designer in lieu of the discloser of his/her knowledge.

What are the governing laws in india for IPR?

What are the governing laws in india for IPR?
What are the governing laws in india for IPR?

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 are granted to creators of IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.

Intellectual Property is the Property, which has been created by exercise of Intellectual Faculty. It is the result of persons Intellectual Activities. Thus Intellectual Property refers to creation of mind such as inventions, designs for industrial articles, literary, artistic work, symbols which are ultimately used in commerce. Intellectual Property rights allow the creators or owners to have the benefits from their works when these are exploited commercially. These rights are statutory rights governed in accordance with the provisions of corresponding legislations. Intellectual Property rights reward creativity & human endeavor which fuel the progress of humankind. The intellectual property is classified into seven categories i.e . (1) Patent (2) Industrial Design (3) Trade Marks (4) Copyright (5) Geographical Indications (6) Lay out designs of integrated circuits (7) Protection of undisclosed information/Trade Secret according to TRIPs agreements.