Presentation by
Law Offices of Bimal B.Bhaskar
Advocates, Maritime Lawyers
Corporate Counsel (Civil & Criminal),
Patent, Copyright, Design,
& Trademark Attorneys.
CORPORATE & IPR PRESENTATION ON THE PROTECTION OF
PLANT VARIETIES
AND FARMERS’ RIGHTS ACT, 2001 & RULES THEREOF
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PRESENTED BY LAW OFFICES OF BIMAL B.BHASKAR
HYBRID SEEDS
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In agriculture and gardening, hybrid seed is seed produced by artificially
cross-pollinated plants.
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Hybrids are bred to improve the characteristics of the resulting plants, such as
better yield, greater uniformity, improved color, disease resistance, and so forth.
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Today, hybrid seed is predominant in agriculture and home gardening, and is
one of the main contributing factors to the dramatic rise in agricultural output
during the last half of the 20th century. In the US, the commercial market was
launched in the 1920s, with the first hybrid maize. Hybrid seed cannot be saved, as
the seed from the first generation of hybrid plants does not reliably produce true
copies, therefore, new seed must be purchased for each planting.
DEFINITION OF SEED
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“Seed” means a type of living embryo or propagule capable of regeneration
and giving rise to a plant which is true to such type ;
DEFINITION OF PROPAGULE
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In horticulture, a propagule is any plant material used for the purpose of
plant propagation. In asexual reproduction, a propagule may be a woody,
semi-hardwood, or softwood cutting, leaf section, or any number of other
plant parts. In sexual reproduction, a propagule is a seed or spore. In
micropropagation, a type of asexual reproduction, any part of the plant may
be used, though it is usually a highly meristematic part such as root and
stem ends or buds.
RELATED STATUTES
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1. Intellectual Property Rights.
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2. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 & Rules.
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3. General Clauses Act (Section 22).
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4. Companies Act, 1956.
INDIA BECOMES MEMBER OF WTO & APPLICABILITY OF TRIPS
India became a member of the World Trade Organization (“WTO” for
brevity) on January 1, 1995. As a member, it was required to comply with the
Trade Related Aspects of the Intellectual Property Systems (TRIPS)
agreement. TRIPS require member countries “to provide adequate standards and
principles concerning the availability, scope and use of intellectual property
rights and effective means for the enforcement of these rights.”
INDIA TAKES THE LEAD
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India has taken lead amongst the developing countries to come out with legislation
The Protection Of Plant Varieties And Farmers’ Rights Act, 2001( “PPVFRA” for
brevity) that not only protects the interests of breeders, but also farmers.
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This is of significant importance since major portion of India’s population is
engaged in farming sector.
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Such legislation has successfully brought India’s laws in conformity
with TRIPS and simultaneously protected the interests of farming.
INTELLECTUAL PROPERTY RIGHTS
Patent Act :The term patent usually refers to a right granted to anyone who invents or discovers
any new and useful process, machine, article of manufacture, or composition
of matter,or any new and useful improvement thereof. The additional qualification
utility patents is used in the United States to distinguish them from other types of
patents but should not be confused with utility models granted by other countries.
Examples of particular species of patents for inventions include biological patents,
business method patents, chemical patents and software patents.
Plant Patents
Some other types of intellectual property rights are referred to as patents in some
jurisdictions : industrial design rights are called design patents in some
jurisdictions (they protect the visual design of objects that are not purely utilitarian),
plant breeders' rights are sometimes called plant patents, and utility models or
Gebrauchsmuster are sometimes called petty patents or innovation patents. A patent
for an invention, though called petty patents and utility models may also be granted
for inventions.
HISTORY OF PATENTS
Certain grants made by the monarch in pursuance of the royal prerogative were
sometimes called letters patent, which was a government notice to the public of a
grant of an exclusive right to ownership and possession. These were often grants of
a patent-like monopoly and predate the modern British origins of the patent system.
For other uses of the term patent see Land patents, which were land grants by early
state governments in the USA. This reflects the original meaning of letters patent
that had a broader scope than current usage.
HOW SEEDS COME UNDER PATENT ACT
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In our country and the other developing countries laws are being framed in order to
fulfill the obligation under the WTO with respect to protection of intellectual
property rights.
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A patent is a monopoly right granted for a limited period of time and is a very
strong and negative right which excludes others from using the same as it brings to
the inventor a number of privileges which others do not possess. It protects novel
and non-obvious ideas and not just the expression of those ideas.
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Once an invention is patented, the inventor alone reaps the benefits of his creation
and has the right to exclude others from using his invention and in return for this
period of exclusive use, the inventor fully discloses his invention to the public.
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As the amendments to the Patents Act have been made recently in 2005, the
ultimate results as to their impact on the Indian agriculture will emerge with the
passage of time.
Power of Central Govt. under PPVFRA
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Section 96 of PPVFRA
Power of Central Government to make rules :--(1) The Central government may, by notification in the Official Gazette, make rules to
carry out the provisions of this Act.
(2). In particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely :---
Relevant Provisions
Section 96 of PPVFRA (Contd.)
Relevant Provisions
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(vi) the terms and conditions subject to which and the manner in which the
measures referred to in sub-section (1) of Section 8 may provide for the
registration of new extent varieties under clause (j) of sub-section (2) of that
section.
DEFINITION OF EXTENT VARIETY
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“Extent variety” means a variety available in India which is---
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(i) notified under Section 5 of the Seeds Act, 1966 (54 of 1966) ; or
(ii) farmers’ variety ; or
(iii) a variety about which there is common knowledge ; or
(iv) any other variety which is in public domain;
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DEFINITION OF SECTION 8 OF PPVFRA
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8. General functions of Authority :--(1). It shall be the duty of the Authority to promote, by such measures as it
thinks fit, the encouragement for the development of new varieties of plants
and to protect the rights of the farmers and breeders.
(2). In particular, and without prejudice to the generality of the foregoing
provisions, the measures referred to in sub-section (1) may provide for—
(a) the registration of extent varieties subject to such terms and conditions
and in the manner as may be prescribed.
DEFINITION OF BREEDER
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“Breeder” means a person or group of persons or a farmer or group of
farmers or any institution which has bred, evolved or developed any variety.
RELEVANT PROVISIONS UNDER SECTION 96 OF PPVFRA
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(vii). The manner for arranging production and sale of the seed under
clause (e) of sub-section (2) of Section 8 ;
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Clause (e) of sub-section (2) of Section 8 :
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(e) ensuring that seeds of the varieties registered under this Act are
available to the farmers and providing for compulsory licensing of such
varieties if the breeder of such varieties or any other person entitled to
produce such variety under this Act does not arrange for production and
sale of the seed in the manner as may be prescribed.
RELEVANT PROVISIONS OF SECTION 96 OF PPVFRA
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(x) the matter to be included in the National Register of Plant Varieties
under sub-section (1) of Section 13.
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Sub-section (1) of Section 13 :
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13. National Register of Plant Varieties :--- (1) For the purposes of this Act,
a Register called the National Register of Plant Varieties shall be kept at the
head office of the Registry, wherein shall be entered the names of all the
registered plant varieties with the names and addresses of their respective
breeders, the rights of such breeders in respect of the registered varieties,
the particulars of the denomination of each registered variety, its seed or
other propagating material along with specification of salient features
thereof and such other matters as may be prescribed.
RELEVANT PROVISIONS OF SECTION 96 OF PPVFRA
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(xi) the manner of authorizing a person under clause (e) of sub-section (1)
of Section 16 ;
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Clause (e) of sub-section (1) of Section 16 :
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16. Persons who may make application :--- (1) An application for
registration under Section 14 shall be made by ---(a)…….
(b)…….
(c)……..
(d)……..
(e). any person authorized in the prescribed manner by a person specified
under clause (a) to (d) to make application on his behalf ;
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RELEVANT PROVISIONS OF SECTION 96 OF PPVFRA
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Remaining clauses from clause 22 to end of Section 96 – similarity of
procedure for registration as under general IPR Law.
ANDHRA PRADESH AGRICULTURAL UNIVERSITY
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Mr.Virendranath, concerned officer of the University Press
Mr.Sudhakar Reddy, Information Officer of the University Press
Mr.Ankaiah, Principal cum Scientist of National Seeds Project
Vice Chancellor of the Administrative Department of the University Press.
Mr.Adinarayana Reddy, Director & Research Officer
Mr.Manohara Reddy, Incharge of Seeds Division in Administrative
Department.
Mr.Mallikarjuna Reddy, Deputy Research Officer/Seed Inspector
Mr.Sai Kumar, concerned officer of Seeds Research Technology Centre
Ms.Meena Kumari, Scientist cum Professor
BRIEF SUMMARY
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After having conference with the above said persons, on going through the
Bare Act provided by us, they confirmed to us that though they are enforcing
“S.O.1797 (E) dated 19th October, 2006” they do not have a copy of the said
notification with them and gave the following contact numbers :
DETAILS OF THE PERSONS TO BE CONTACTED AND THEIR PHONE
NUMBERS
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Mr.Vrushyendranath, Additional Director of Agriculture Commissionerate of
Seeds, Basheerbagh, Hyderabad. Cell No.9440816602.
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Mr.Dilip Roy Chowdary, Joint Registrar. Phone Nos.25848127, 25842846,
20911443 and 25840777.
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Dr.Kalpana Sastry, Principal Scientist, NAARM.
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Dr.Ganesh, Cell No.9959558949, 9441224490 Residence No.27760119
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E-mail ids :
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www.plantauthority.gov.in
PPVFRA
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OBJECT OF PPVFRA
To establish an effective system for protection of plant varieties, the rights of
farmers and plant breeders and to encourage the development of new varieties of
plants (including other objects which are included in the introductory portion of the
Act).
THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS
RULES, 2003 (“PPVFRR”)
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These Rules which under head note 1 came into force on 19th October,
2006 vide S.O.No.1797 (E).
GENERAL CLAUSES ACT, 1897
22. Making of rules or bye-laws and issuing of orders between passing and
commencement of enactment.---- Where by any Central Act or Regulation which is
not to come into force immediately on the passing thereof, a power is conferred to
make rules or bye-laws or to issue orders with respect to the application of the Act or
Regulation, or with respect to the establishment of any court or office or the
appointment of any Judge or officer there under or with respect to the person by whom
or the time when, or the place where, or the manner in which, or the fees for which,
anything is to be done under the Act or Regulation, then that power may be exercised at
any time after the passing of the Act or Regulation ; but rules, bye-laws or orders so
made or issued, shall not take effect till the commencement of the Act or Regulation.