M Sc Ag IInd Sem Study Material Course

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M. Sc. Ag. IInd Sem. Study Material Course: Plant Genetic Resources: Conservation & Sustainable

M. Sc. Ag. IInd Sem. Study Material Course: Plant Genetic Resources: Conservation & Sustainable Use Chapter: 12 Course teacher Dr. Shailendra Singh Gaurav Professor & Head Department of Genetics and Plant Breeding Ch. Charan Singh University, Meerut-250004(U. P. ) India E-mail: drshailendra 1975@gmail. com Topic: PPV&FRA 2. UPOV & PBRs 3. Biodiversity Bill 2002 1.

PPV & FRA: Purpose To provide for the establishment of an effective system for

PPV & FRA: Purpose To provide for the establishment of an effective system for protection of plant verities. To recognize and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of the new plant varieties.

Purpose contd. . To protect plants breeders' rights to stimulate investment for research and

Purpose contd. . To protect plants breeders' rights to stimulate investment for research and development for the development of new plant varieties To facilitate the growth of the seed industry which will ensure the availability of high quality seeds and planting material to the farmers. Protection of Plant Varieties and Farmers' Rights Authority ( PPV& FRA) has been established and is located at:

Why Protection for plants is required in India? Compliance with TRIPS Agreement (Article 27.

Why Protection for plants is required in India? Compliance with TRIPS Agreement (Article 27. 3 b) – Enacting a legislation for effective protection of plant varieties (PVP) either by way of patents or a suigeneris system or combination of both

Who is a Farmer A farmer is defined in the PPVFRA as : Section

Who is a Farmer A farmer is defined in the PPVFRA as : Section 2(k) "farmer" means any person whoi. cultivates crops by cultivating the land himself; or ii. cultivates crops by directly supervising the cultivation of land through any other person; or iii. conserves and preserves, severally or jointly'. with any person any wild species or traditional varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties

Extant variety means a variety available in India which is- (i) notified under section

Extant variety means a variety available in India which is- (i) notified under section 5 of the Seeds Act, 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;

Farmers variety means a variety which- (i) has been traditionally cultivated and evolved by

Farmers variety means a variety which- (i) has been traditionally cultivated and evolved by the farmers in their fields; or (ii) is a wild relative or land race of a variety about which the farmers possess the common knowledge;

Farmers’ Rights (Sec 39) • Has the same privilege with respect to a breeder

Farmers’ Rights (Sec 39) • Has the same privilege with respect to a breeder of a variety • A farmers’ variety shall be entitled for registration if a declaration has been made that the initial variety has been lawfully obtained • Can save, use, sow, re-sow, exchange, share or sell his farm produce including seed of a protected variety • The farmer as such cannot sell branded seeds of a protected variety • A farmer can claim damages if the seed of the protected variety does not give the yield as stated by the breeder.

Farmers Are Exempted From Fees (Sec. 44) Farmer or a group of farmers not

Farmers Are Exempted From Fees (Sec. 44) Farmer or a group of farmers not liable to pay ØFees in any proceedings ØIncluding any fees payable for inspection ØFor obtaining any copy of a document or a copy of a decision

PBRs and UPOV

PBRs and UPOV

PLANT BREEDER RIGHT PBRs PBR are the rights granted by the government to a

PLANT BREEDER RIGHT PBRs PBR are the rights granted by the government to a plant breeders, originators or owner of a variety to exclude others from producing or commercializing the propagating material of that variety for minimum period of 15 -20 yrs. A Person holding PBR title can authorized other interested person/organization to produced and sell the propagating materials of that variety.

PBRs: UPOV Act 1991 • Protection coverage- Plant varieties of all plant genera •

PBRs: UPOV Act 1991 • Protection coverage- Plant varieties of all plant genera • Requirement of Protection: Novelty, Distinctness, Uniformity, Stability • Duration of Protection: 20 Years • Scope of Protection: Commercial use of all the materials of protected variety. • Breeders exemptions: Yes, Except for EDV • Farmers Privileged: optional- Left to national laws

UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION International Union for the Protection of New Varieties of Plants

UPOV: INDEPENDENT INTERGOVERNMENTAL ORGANIZATION International Union for the Protection of New Varieties of Plants or UPOV (French: Union internationale protection des obtentions végétales) pour la UPOV 1991 Act is being promoted by TRIPs as the “efficient sui generis system” under Art. 27. 3(b) of TRIPS (Trade related IP Rights)

UPOV Contd. --UPOV was established by the International Convention for the Protection of New

UPOV Contd. --UPOV was established by the International Convention for the Protection of New Varieties of Plants. The Convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991. The objective of the Convention is the protection of new varieties of plants by an intellectual property right. UPOV is an intergovernmental organization with headquarters in Geneva, Switzerland.

Comparison of UPOV 1978 Act and UPOV 1991 Act Subject UPOV 1978 Act UPOV

Comparison of UPOV 1978 Act and UPOV 1991 Act Subject UPOV 1978 Act UPOV 1991 Act Scope of coverage genera or species of agril. , horticulture and botanical importance All genera or species are covered Eligibility Requirements Coverage protection Distinctness, Uniformity and Stability. Only reproductive and commercial plant part Novelty, Distinctness, Uniformity and Stability. Whole plant spp. . Breeders’ Exemption Mandatory. Breeders free to use protected variety to develop a new variety. Yes; but provision of EDV Farmers’ Privilege Yes Optional to member’s state Term of Protection 18 years for grapevines and 25 years for grapevines and trees; 15 years for all other plants. trees; 20 years for all other plants.

Protection of Plant Varieties and Farmers’ Rights P P V & F R PPV

Protection of Plant Varieties and Farmers’ Rights P P V & F R PPV and FR Act 2001 was passed in parliament in Aug. 2001 and notified as Act no. 53 of 2001 in Gazette of India under the TRIPS on WTO. Salient features of Act 1. Provides the protection of Varieties by Patent or by Sui-generis system or by combination of both. 2. It Grants farmers Right by recognizing farmers as breeder, cultivator and conservator of seeds. 3. It allow the farmers to sell their produced seed but not any brand name 4. Farmers can registered his variety developed by him, if variety confers the Novelty, Distinctness, Uniformity and stability parameters.

Salient features of PPV&FR Actcontd…. . Safeguard for Genetic Use Restriction Technologies , terminator

Salient features of PPV&FR Actcontd…. . Safeguard for Genetic Use Restriction Technologies , terminator gene technology. Any variety that involve any technology including ‘genetic’ use restriction and terminator technologies, which is injuries to the life or health of human beings, animal or plants shall not be registered. The duration of protection of the varieties will be 15 yr for the extant varieties, 18 yr for varieties of trees and vines and 15 yr for varieties of other crops.

Salient Feature– Contd- Compulsory license may be granted after three years of registration of

Salient Feature– Contd- Compulsory license may be granted after three years of registration of a variety if seeds of the variety are not available to the public either in adequate quantity or at a reasonable price The central Government shall establish a Plant Varieties registry for the registration of plant varieties. The registry shall maintain a ‘ National register of Plant Varieties’ containing names of all registered varieties, names and address of their

PPV & FRA Contd---Bill also grants breeders to the right to conduct research with

PPV & FRA Contd---Bill also grants breeders to the right to conduct research with branded variety but distinguished between New Var. & EDV Bill provides the establishment of National Gene Fund I. Money from commercial pl. breeders II. Annual royalty payable by seed Companies III. National & International Organization

Implementing Authority of PPV & FRA PPV & FR Authority-Executive body, maintains National Register

Implementing Authority of PPV & FRA PPV & FR Authority-Executive body, maintains National Register for Plant Varieties 15 - Members (8 -Central Govt. ; 5 - each from Farmers, Tribal, Women, Seed Industry, Agril University; 2 - State govt. ) Plant Variety Protection Appellate Tribunal- entertains appeal against decisions of authority in case of

PPV & FRA

PPV & FRA

Registrable Varieties under PPV & FRA (1) A new variety- if it conforms to

Registrable Varieties under PPV & FRA (1) A new variety- if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. (a) Novelty, if, at the date of filing of the application such variety has not been sold or otherwise disposed of by or with the consent of its breeder or his successor for the purposes of exploitation of such variety (i) in India, earlier than one year; or (ii) outside India, in the case of trees or vines earlier than six years, or in any other case, earlier than four years, before the date of filing such application:

Distinctness, Uniformity, & Stability Distinct, if it is clearly distinguishable by at least one

Distinctness, Uniformity, & Stability 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. Uniform, it is sufficiently uniform in its essential characteristics; Stable, if its essential characteristics remain unchanged after repeated propagation or, in the case of a particular

Persons who May Make Application (1) An application for registration under section 14 shall

Persons who May Make Application (1) An application for registration under section 14 shall be made by (a) any person claiming to be the breeder of the variety; or (b) any successor of the breeder of the variety; or (c) any person being the assignee of the breeder of the variety in respect of the right to make such application; or (d) any farmer or group of farmers or community of farmers claiming to be the breeder of the variety

Researchers Rights Nothing contained in this Act shall prevent (a) the use of any

Researchers Rights Nothing contained in this Act shall prevent (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research; or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties:

Biodiversity Bill 2002 1998 - Prepared by Ministry of environment & Forest Dec. 2002

Biodiversity Bill 2002 1998 - Prepared by Ministry of environment & Forest Dec. 2002 - Passed by both houses of parliament Provides equitable sharing of benefits of originator of traditional Knowledge Check bio-piracy of Biological resources by domestic/international

ENFORCEMENT OF BILL Three Tier structure. National Level NBA( National Biodiversity Board) – Chennai

ENFORCEMENT OF BILL Three Tier structure. National Level NBA( National Biodiversity Board) – Chennai Sate Level SBB( State Biodiversity Board) Local /Panchyat/Mandal Level BMC( Biodiversity Management Committee)