THE PROTECTION OF PLANT VARITIES AND FARMERS

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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.

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• 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.

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• 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)

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• 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)

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• 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)

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• 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.

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• 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.

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• 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)

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• 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
  breeders exemption.
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• 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)

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• 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.

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• 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.

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• 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.

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