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

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