Plant Variety Protection

• BY

• Dr. Kalyan
• kalyan@brainleague.com
• Blog: www.sinapseblog.com
 Plant variety?
• Plant grouping in botanical taxon of lowest
known rank

• Characteristics - genotype;
• Differentiated from other groupings; and
• Single unit for propagation
 Authorities
• PVPFR Authority
• Plant Varieties Registry
• Registrar General of Plant Varieties
 Requirements for protection
• Novel;
• Distinct;
• Uniform; and
• Stable
 Novelty
• Sold or disposed
– For exploitation
• One year before date of filing in India
• Outside India
– 6 years or trees and vines and
– 4 years for others.
• Trial or experiment
• Common knowledge
 Distinct
• One essential characteristic different
• Variety - Common Knowledge
 Uniform
• Essential characteristics remain
unchanged
• Subject to variation based on features of
propagation
 Stable
• Essential characteristics remain
unchanged
• Repeated propagation
 Denomination
• Not capable of identifying the variety
• Only figures
• Mislead or cause confusion - breeder identity
• Not different from existing denomination
• Deceive the public
• Hurt religious sentiments
• Prohibited - Name or Emblem
• Geographical name
– Honest
 Process
• Application
– Applicant
– Joint applications
• Filing
• Acceptance
• Advertisement
• Opposition - Within 3 months
• Registration
• Convention Application
• Claim of Benefit Sharing
 Term
• Trees and Vines - 18 years
• Extant or Other Varieties - 15 years
• Initial period - 9 and 6 years

• From date of registration

• Annual Fee
 Rights
• Right to produce;
• Right to sell;
• Right to market;
• Right to distribute and
• Right to Import or Export
 Infringement
• Exercise Rights without authorization

• Research or Experiment
• Surrender and Revocation
 Farmer's rights
• save,
• Use,
• sow,
• Re-sow,
• Exchange,
• share or
• sell his farm produce

• including seeds of a variety protected under the Act

• Share from Gene Fund. - Conservation, Improvement
and Evolution
• Variety sold to farmers - Performance details
 Compulsory License
• After 3 years
• Reasonable requirements
• Reasonable price
 Remedies
• Injunction
• Damages
• Lost Profits
• Penalties
 AA

• THANK YOU
• kalyan@brainleague.com
• For more information:
www.sinapseblog.com