Unit 4
Intellectual Property Rights - Notes
Bsc Agriculture - 5th Semester
Syllabus
Origin & history including a brief introduction to UPOV for the protection of plant varieties,
Protection of plant varieties under UPOV and PPV&FR Act of India,
Plant breeder's rights,
Registration of plant varieties under the PPV&FR Act 2001,
Breeders, researchers & farmers' rights.
Origin & History including a brief introduction to UPOV for the protection of plant varieties
The concept of protecting plant varieties originated in the early 20th century when plant breeders began to recognize the value of their creations and the need to protect them from unauthorized use. In 1929, the International Union for the Protection of New Varieties of Plants (UPOV) was established in Paris, France, to promote plant variety protection and facilitate international cooperation.
UPOV is an intergovernmental organization that provides a framework for the protection of new plant varieties by granting plant breeders exclusive rights over their creations. UPOV has three main objectives: to encourage the development of new plant varieties, to ensure that breeders receive a fair return on their investment, and to promote the wider availability of new plant varieties for the benefit of society as a whole.
UPOV has evolved over time and has updated its regulations to reflect changes in technology and global trade. The most recent version of the UPOV Convention, known as UPOV 1991, includes provisions that require member states to provide a minimum level of protection for plant varieties and to establish a system for granting plant breeders exclusive rights over their creations.
Today, UPOV has over 80 member countries, and its system of plant variety protection is recognized as an important tool for promoting agricultural innovation and enhancing food security around the world. In addition to UPOV, many countries also have their own national laws and regulations governing the protection of plant varieties, which are often based on the UPOV framework.
Protection of plant varieties under UPOV and PPV&FR Act of India
The protection of plant varieties is an important aspect of intellectual property rights (IPR) that ensures the rights of plant breeders are protected. The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization that was established in 1961 to promote and protect plant breeders' rights internationally. UPOV provides a framework for the protection of new plant varieties by granting breeders exclusive rights over the production, sale, distribution, and use of their new varieties for a limited period.
In India, the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act of 2001 was enacted to provide a legal framework for the protection of plant varieties and the rights of farmers. The PPV&FR Act is based on the UPOV model and provides for the establishment of a Plant Varieties Registry to maintain a database of all registered plant varieties.
Under the PPV&FR Act, plant breeders are granted exclusive rights to market, produce, sell, and distribute their new plant varieties for a specified period. The Act also provides for the establishment of a National Gene Fund to support the development of new plant varieties. Additionally, the Act recognizes the rights of farmers to save, use, sow, resow, exchange, share, or sell farm-saved seed or propagating material of a protected variety.
Overall, the PPV&FR Act of India provides a comprehensive legal framework for the protection of plant varieties and the rights of farmers, in line with international standards set by UPOV.
Plant breeder's rights,
Plant breeder's rights (PBR) is a form of intellectual property protection that grants exclusive rights to the breeder of a new variety of plants for a specified period of time. PBR aims to encourage the development of new and improved plant varieties by providing incentives for plant breeders to invest time and resources in their research.
PBR provides legal protection to the breeder of a new plant variety, giving them exclusive rights to produce, sell, or otherwise commercialize the plant for a certain number of years. This means that no one else can produce or sell the protected variety without the breeder's permission.
To obtain PBR, a plant variety must be new, distinct, uniform, and stable. The breeder must also have created the variety through a controlled breeding process.
In many countries, PBR is granted through a specialized legal framework, such as the UPOV Convention. In India, PBR is governed by the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, which provides for the establishment of a national plant variety registry and the grant of PBR for new plant varieties.
Registration of plant varieties under the PPV&FR Act 2001
Under the PPV&FR Act 2001, any person or organization that has developed a new variety of plants can apply for its registration. The application for registration must contain detailed information about the new plant variety, including its distinctness, uniformity, and stability.
Once the application is submitted, the PPV&FR Authority examines it and conducts tests and trials to determine the distinctness, uniformity, and stability of the variety. If the variety satisfies the criteria, the Authority registers the variety and issues a certificate of registration.
The certificate of registration grants the breeder exclusive rights to produce, sell, market, distribute, and import the registered variety. Any unauthorized use of the registered variety without the breeder's permission is considered an infringement of the breeder's rights and can lead to legal action.
The registration is valid for 15 years for most crops, and for 18 years in the case of trees and vines. After the expiry of the registration period, the variety falls into the public domain and can be used freely by anyone. However, the breeder can apply for the renewal of the registration for an additional period of 10 years.
Breeders, Researchers & Farmers' rights.
Breeders' rights
It refers to the exclusive rights granted to plant breeders for the production, sale, and distribution of new plant varieties that they have developed. These rights are intended to encourage innovation and investment in the development of new plant varieties by providing a means for breeders to recoup their investment.
Breeders' rights are usually granted for a limited period of time, typically 20-25 years, during which the breeder has exclusive rights to market and sell the protected plant variety. This allows the breeder to recoup the costs associated with developing the new variety and to make a profit from its commercialization.
In addition to providing protection to plant breeders, breeders' rights also ensure that consumers have access to a wider variety of plants, which can lead to increased food security and agricultural diversity. However, there are also concerns that the concentration of plant breeding rights in the hands of a few large corporations could have negative consequences for small farmers and agricultural biodiversity.
Researchers Rights
Researchers generally have the right to use protected plant varieties for research purposes, such as conducting experiments and breeding new varieties. However, they may need to obtain permission from the holder of the plant variety rights in order to commercially exploit any new varieties they develop using the protected variety as a starting point.
The PPV&FR Act of India also allows researchers to obtain compulsory licenses to use protected plant varieties for research purposes, subject to certain conditions. This is intended to promote innovation and research in the field of plant breeding while still protecting the rights of the original breeder.
Farmers Rights
Farmers Rights
Farmers' rights refer to the rights of traditional farmers to save, use, exchange, and sell their farm-saved seeds and propagating materials. These rights have been recognized as an important aspect of agricultural biodiversity conservation and the protection of traditional knowledge.
The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) recognizes the role of farmers in the conservation and sustainable use of plant genetic resources for food and agriculture. It includes provisions to protect farmers' rights and ensure their participation in decision-making processes related to plant genetic resources.
In India, the Protection of Plant Varieties and Farmers' Rights Act, 2001 also recognizes the role of farmers in the conservation of plant genetic resources and provides for the protection of their rights. The Act allows farmers to save, use, exchange, and sell their farm-saved seeds and propagating materials of any protected variety, except for those varieties notified under Section 5(1)(iv) of the Act. It also provides for the establishment of a National Gene Fund to support the conservation and sustainable use of plant genetic resources.
The Act also recognizes the rights of local communities and indigenous people who have developed and conserved certain varieties of plants. Such communities and individuals can apply for the registration of such varieties and receive benefit-sharing arrangements in case of commercialization.
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