Presentation by Presentation by Law Offices of Bimal B.BhaskarLaw Offices of Bimal B.Bhaskar

Advocates, Maritime Lawyers Advocates, Maritime Lawyers Corporate Counsel (Civil & Criminal), Corporate Counsel (Civil & Criminal),

Patent, Copyright, Design, Patent, Copyright, Design,

& Trademark Attorneys. & Trademark Attorneys.

CORPORATE & IPR PRESENTATION ON THE PROTECTION OF CORPORATE & IPR PRESENTATION ON THE PROTECTION OF

PLANT VARIETIES PLANT VARIETIES

AND FARMERS’ RIGHTS ACT, 2001 & RULES THEREOFAND FARMERS’ RIGHTS ACT, 2001 & RULES THEREOF

PRESENTED BY LAW OFFICES OF BIMAL B.BHASKAR PRESENTED BY LAW OFFICES OF BIMAL B.BHASKAR

HYBRID SEEDSHYBRID SEEDS

In In agricultureagriculture and and gardeninggardening, , hybrid seedhybrid seed is seed produced by artificially is seed produced by artificially

cross-pollinatedcross-pollinated plantsplants. .

Hybrids are bred to improve the characteristics of the resulting plants, Hybrids are bred to improve the characteristics of the resulting plants, such as better such as better yieldyield, greater uniformity, improved , greater uniformity, improved colorcolor, , diseasedisease resistance, and so resistance, and so forth. forth.

Today, hybrid seed is predominant in agriculture and home gardening, Today, hybrid seed is predominant in agriculture and home gardening, and is one of the main contributing factors to the dramatic rise in agricultural and is one of the main contributing factors to the dramatic rise in agricultural output during the last half of the 20th century. In the US, the commercial market output during the last half of the 20th century. In the US, the commercial market was launched in the 1920s, with the first hybrid was launched in the 1920s, with the first hybrid maizemaize. Hybrid seed cannot be . Hybrid seed cannot be saved, as the seed from the first generation of hybrid plants does not reliably saved, as the seed from the first generation of hybrid plants does not reliably produce true copies, therefore, new seed must be purchased for each planting.produce true copies, therefore, new seed must be purchased for each planting.

DEFINITION OF SEEDDEFINITION OF SEED

““Seed” means a type of living embryo or propagule capable of regeneration Seed” means a type of living embryo or propagule capable of regeneration and giving rise to a plant which is true to such type ; and giving rise to a plant which is true to such type ;

DEFINITION OF PROPAGULEDEFINITION OF PROPAGULE

In In horticulturehorticulture, a , a propagulepropagule is any is any plantplant material used for the purpose of material used for the purpose of plant propagation. In asexual reproduction, a propagule may be a woody, plant propagation. In asexual reproduction, a propagule may be a woody, semi-hardwood, or softwood cutting, leaf section, or any number of other semi-hardwood, or softwood cutting, leaf section, or any number of other plant parts. In sexual reproduction, a propagule is a seed or spore. In plant parts. In sexual reproduction, a propagule is a seed or spore. In micropropagation, a type of asexual reproduction, any part of the plant may micropropagation, a type of asexual reproduction, any part of the plant may be used, though it is usually a highly meristematic part such as root and be used, though it is usually a highly meristematic part such as root and stem ends or buds.stem ends or buds.

RELATED STATUTESRELATED STATUTES

1. Intellectual Property Rights.1. Intellectual Property Rights.

2. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 & Rules.2. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 & Rules.

3. General Clauses Act (Section 22). 3. General Clauses Act (Section 22).

4. Companies Act, 1956.4. Companies Act, 1956.

INDIA BECOMES MEMBER OF WTO & APPLICABILITY OF TRIPSINDIA BECOMES MEMBER OF WTO & APPLICABILITY OF TRIPS

India became a member of the India became a member of the World Trade OrganizationWorld Trade Organization (“ (“WTOWTO” for ” for

brevity) on January 1, 1995. As a member, it was required to comply with the brevity) on January 1, 1995. As a member, it was required to comply with the

Trade Related Aspects of the Intellectual Property SystemsTrade Related Aspects of the Intellectual Property Systems (TRIPS) (TRIPS)

agreement. TRIPS require member countries “agreement. TRIPS require member countries “to provide adequate standards and to provide adequate standards and

principles concerning the availability, scope and use of intellectual property principles concerning the availability, scope and use of intellectual property

rights and effective means for the enforcement of these rightsrights and effective means for the enforcement of these rights .”.”

INDIA TAKES THE LEADINDIA TAKES THE LEAD

India has taken lead amongst the developing countries to come out with legislation India has taken lead amongst the developing countries to come out with legislation

The Protection Of Plant Varieties And Farmers’ Rights Act, 2001The Protection Of Plant Varieties And Farmers’ Rights Act, 2001( “( “PPVFRAPPVFRA” for ” for

brevity) that not only protects the interests of breeders, but also farmers.brevity) that not only protects the interests of breeders, but also farmers.

This is of significant importance since major portion of India’s population is This is of significant importance since major portion of India’s population is

engaged in farming sector. engaged in farming sector.

Such legislation has successfully brought India’s laws in conformity Such legislation has successfully brought India’s laws in conformity

with TRIPS and simultaneously protected the interests of farming.with TRIPS and simultaneously protected the interests of farming.

INTELLECTUAL PROPERTY RIGHTS INTELLECTUAL PROPERTY RIGHTS

Patent ActPatent Act :- :-

The term The term patentpatent usually refers to a right granted to anyone who invents or discovers usually refers to a right granted to anyone who invents or discovers

any new and useful process, machine, article of manufacture, or composition any new and useful process, machine, article of manufacture, or composition

of matter,or any new and useful improvement thereof. The additional qualification of matter,or any new and useful improvement thereof. The additional qualification

utility patentsutility patents is used in the United States to distinguish them from other types of is used in the United States to distinguish them from other types of

patents but should not be confused with patents but should not be confused with utility modelsutility models granted by other countries. granted by other countries.

Examples of particular species of patents for inventions include Examples of particular species of patents for inventions include biological patentsbiological patents, ,

business method patentsbusiness method patents, , chemical patentschemical patents and and software patentssoftware patents..

Plant PatentsPlant Patents

Some other types of intellectual property rights are referred to as Some other types of intellectual property rights are referred to as patentspatents in some in some

jurisdictions : jurisdictions : industrial design rightsindustrial design rights are called are called design patentsdesign patents in some in some jurisdictions (they protect the visual design of objects that are not purely jurisdictions (they protect the visual design of objects that are not purely utilitarian), utilitarian), plant breeders' rightsplant breeders' rights are sometimes called are sometimes called plant patentsplant patents, and utility , and utility models or models or GebrauchsmusterGebrauchsmuster are sometimes called are sometimes called petty patentspetty patents or or innovation innovation patentspatents. A patent for an invention, though called petty patents and utility models . A patent for an invention, though called petty patents and utility models may also be granted for inventions.may also be granted for inventions.

HISTORY OF PATENTSHISTORY OF PATENTS

Certain grants made by the monarch in pursuance of the royal prerogative were Certain grants made by the monarch in pursuance of the royal prerogative were

sometimes called sometimes called letters patentletters patent, which was a government notice to the public of a , which was a government notice to the public of a

grant of an exclusive right to ownership and possession. These were often grants of grant of an exclusive right to ownership and possession. These were often grants of

a patent-like monopoly and predate the modern British origins of the patent system. a patent-like monopoly and predate the modern British origins of the patent system.

For other uses of the term For other uses of the term patentpatent see see Land patentsLand patents, which were land grants by early , which were land grants by early

state governments in the USA. This reflects the original meaning of state governments in the USA. This reflects the original meaning of letters patentletters patent

that had a broader scope than current usage.that had a broader scope than current usage.

HOW SEEDS COME UNDER PATENT ACTHOW SEEDS COME UNDER PATENT ACT

In our country and the other developing countries laws are being framed in order to In our country and the other developing countries laws are being framed in order to fulfill the obligation under the WTO with respect to protection of intellectual fulfill the obligation under the WTO with respect to protection of intellectual property rights.property rights.

A patent is a monopoly right granted for a limited period of time and is a very A patent is a monopoly right granted for a limited period of time and is a very strong and negative right which excludes others from using the same as it brings to strong and negative right which excludes others from using the same as it brings to the inventor a number of privileges which others do not possess. It protects novel the inventor a number of privileges which others do not possess. It protects novel and non-obvious ideas and not just the expression of those ideas.and non-obvious ideas and not just the expression of those ideas.

Once an invention is patented, the inventor alone reaps the benefits of his creation Once an invention is patented, the inventor alone reaps the benefits of his creation and has the right to exclude others from using his invention and in return for this and has the right to exclude others from using his invention and in return for this period of exclusive use, the inventor fully discloses his invention to the public. period of exclusive use, the inventor fully discloses his invention to the public.

As the amendments to the Patents Act have been made recently in 2005, the As the amendments to the Patents Act have been made recently in 2005, the ultimate results as to their impact on the Indian agriculture will emerge with the ultimate results as to their impact on the Indian agriculture will emerge with the passage of time.passage of time.

Power of Central Govt. under PPVFRAPower of Central Govt. under PPVFRA

Section 96 of PPVFRASection 96 of PPVFRA

Power of Central Government to make rules :--- Power of Central Government to make rules :---

(1) The Central government may, by notification in the Official Gazette, make rules to (1) The Central government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. carry out the provisions of this Act.

(2). In particular, and without prejudice to the generality of the foregoing power, such (2). In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :---rules may provide for all or any of the following matters, namely :---

Relevant ProvisionsRelevant Provisions

Section 96 of PPVFRA (Contd.)Section 96 of PPVFRA (Contd.)Relevant ProvisionsRelevant Provisions

(vi) the terms and conditions subject to which and the manner in which the (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of Section 8 may provide for the measures referred to in sub-section (1) of Section 8 may provide for the registration of new extent varieties under clause (j) of sub-section (2) of that registration of new extent varieties under clause (j) of sub-section (2) of that section. section.

DEFINITION OF EXTENT VARIETYDEFINITION OF EXTENT VARIETY

““Extent variety” means a variety available in India which is---Extent variety” means a variety available in India which is---

(i) notified under Section 5 of the Seeds Act, 1966 (54 of 1966) ; or (i) notified under Section 5 of the Seeds Act, 1966 (54 of 1966) ; or (ii) farmers’ variety ; or (ii) farmers’ variety ; or (iii) a variety about which there is common knowledge ; or (iii) a variety about which there is common knowledge ; or (iv) any other variety which is in public domain; (iv) any other variety which is in public domain;

DEFINITION OF SECTION 8 OF PPVFRADEFINITION OF SECTION 8 OF PPVFRA

8. General functions of Authority :--- 8. General functions of Authority :--- (1). It shall be the duty of the Authority to promote, by such measures as it (1). It shall be the duty of the Authority to promote, by such measures as it

thinks fit, the encouragement for the development of new varieties of plants thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders.and to protect the rights of the farmers and breeders.

(2). In particular, and without prejudice to the generality of the foregoing (2). In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for—provisions, the measures referred to in sub-section (1) may provide for—

(a) the registration of extent varieties subject to such terms and conditions (a) the registration of extent varieties subject to such terms and conditions and in the manner as may be prescribed.and in the manner as may be prescribed.

DEFINITION OF BREEDERDEFINITION OF BREEDER

““Breeder” means a person or group of persons or a farmer or group of Breeder” means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety.farmers or any institution which has bred, evolved or developed any variety.

RELEVANT PROVISIONS UNDER SECTION 96 OF PPVFRARELEVANT PROVISIONS UNDER SECTION 96 OF PPVFRA

(vii). The manner for arranging production and sale of the seed under (vii). The manner for arranging production and sale of the seed under clause (e) of sub-section (2) of Section 8 ; clause (e) of sub-section (2) of Section 8 ;

Clause (e) of sub-section (2) of Section 8 Clause (e) of sub-section (2) of Section 8 ::

(e) ensuring that seeds of the varieties registered under this Act are (e) ensuring that seeds of the varieties registered under this Act are available to the farmers and providing for compulsory licensing of such available to the farmers and providing for compulsory licensing of such varieties if the breeder of such varieties or any other person entitled to varieties if the breeder of such varieties or any other person entitled to produce such variety under this Act does not arrange for production and produce such variety under this Act does not arrange for production and sale of the seed in the manner as may be prescribed. sale of the seed in the manner as may be prescribed.

RELEVANT PROVISIONS OF SECTION 96 OF PPVFRARELEVANT PROVISIONS OF SECTION 96 OF PPVFRA

(x) the matter to be included in the National Register of Plant Varieties (x) the matter to be included in the National Register of Plant Varieties under sub-section (1) of Section 13.under sub-section (1) of Section 13.

Sub-section (1) of Section 13 Sub-section (1) of Section 13 : :

13. 13. National Register of Plant VarietiesNational Register of Plant Varieties :--- (1) For the purposes of this Act, :--- (1) For the purposes of this Act, a Register called the National Register of Plant Varieties shall be kept at the a Register called the National Register of Plant Varieties shall be kept at the head office of the Registry, wherein shall be entered the names of all the head office of the Registry, wherein shall be entered the names of all the registered plant varieties with the names and addresses of their respective registered plant varieties with the names and addresses of their respective breeders, the rights of such breeders in respect of the registered varieties, breeders, the rights of such breeders in respect of the registered varieties, the particulars of the denomination of each registered variety, its seed or the particulars of the denomination of each registered variety, its seed or other propagating material along with specification of salient features other propagating material along with specification of salient features thereof and such other matters as may be prescribed.thereof and such other matters as may be prescribed.

RELEVANT PROVISIONS OF SECTION 96 OF PPVFRARELEVANT PROVISIONS OF SECTION 96 OF PPVFRA

(xi) the manner of authorizing a person under clause (e) of sub-section (1) (xi) the manner of authorizing a person under clause (e) of sub-section (1) of Section 16 ; of Section 16 ;

Clause (e) of sub-section (1) of Section 16 Clause (e) of sub-section (1) of Section 16 : :

16. Persons who may make application :--- (1) An application for 16. Persons who may make application :--- (1) An application for registration under Section 14 shall be made by ----registration under Section 14 shall be made by ----

(a)…….(a)……. (b)…….(b)……. (c)……..(c)…….. (d)……..(d)…….. (e). any person authorized in the prescribed manner by a person specified (e). any person authorized in the prescribed manner by a person specified

under clause (a) to (d) to make application on his behalf ;under clause (a) to (d) to make application on his behalf ;

RELEVANT PROVISIONS OF SECTION 96 OF PPVFRARELEVANT PROVISIONS OF SECTION 96 OF PPVFRA

Remaining clauses from clause 22 to end of Section 96 – similarity of Remaining clauses from clause 22 to end of Section 96 – similarity of procedure for registration as under general IPR Law. procedure for registration as under general IPR Law.

ANDHRA PRADESH AGRICULTURAL UNIVERSITY ANDHRA PRADESH AGRICULTURAL UNIVERSITY

Mr.Virendranath, concerned officer of the University Press Mr.Virendranath, concerned officer of the University Press Mr.Sudhakar Reddy, Information Officer of the University PressMr.Sudhakar Reddy, Information Officer of the University Press Mr.Ankaiah, Principal cum Scientist of National Seeds Project Mr.Ankaiah, Principal cum Scientist of National Seeds Project

Vice Chancellor of the Administrative Department of the University Press.Vice Chancellor of the Administrative Department of the University Press. Mr.Adinarayana Reddy, Director & Research Officer Mr.Adinarayana Reddy, Director & Research Officer Mr.Manohara Reddy, Incharge of Seeds Division in Administrative Mr.Manohara Reddy, Incharge of Seeds Division in Administrative

Department. Department. Mr.Mallikarjuna Reddy, Deputy Research Officer/Seed Inspector Mr.Mallikarjuna Reddy, Deputy Research Officer/Seed Inspector Mr.Sai Kumar, concerned officer of Seeds Research Technology Centre Mr.Sai Kumar, concerned officer of Seeds Research Technology Centre Ms.Meena Kumari, Scientist cum ProfessorMs.Meena Kumari, Scientist cum Professor

BRIEF SUMMARYBRIEF SUMMARY

After having conference with the above said persons, on going through the After having conference with the above said persons, on going through the Bare Act provided by us, they confirmed to us that though they are enforcing Bare Act provided by us, they confirmed to us that though they are enforcing “S.O.1797 (E) dated 19“S.O.1797 (E) dated 19thth October, 2006” they do not have a copy of the said October, 2006” they do not have a copy of the said notification with them and gave the following contact numbers :notification with them and gave the following contact numbers :

DETAILS OF THE PERSONS TO BE CONTACTED AND THEIR PHONE DETAILS OF THE PERSONS TO BE CONTACTED AND THEIR PHONE NUMBERSNUMBERS

Mr.Vrushyendranath, Additional Director of Agriculture Commissionerate of Mr.Vrushyendranath, Additional Director of Agriculture Commissionerate of Seeds, Basheerbagh, Hyderabad. Cell No.9440816602.Seeds, Basheerbagh, Hyderabad. Cell No.9440816602.

Mr.Dilip Roy Chowdary, Joint Registrar. Phone Nos.25848127, 25842846, Mr.Dilip Roy Chowdary, Joint Registrar. Phone Nos.25848127, 25842846, 20911443 and 25840777.20911443 and 25840777.

Dr.Kalpana Sastry, Principal Scientist, NAARM.Dr.Kalpana Sastry, Principal Scientist, NAARM.

Dr.Ganesh, Cell No.9959558949, 9441224490 Residence No.27760119Dr.Ganesh, Cell No.9959558949, 9441224490 Residence No.27760119

E-mail ids : E-mail ids :

www.plantauthority.gov.inwww.plantauthority.gov.in

PPVFRAPPVFRA

OBJECT OF PPVFRAOBJECT OF PPVFRA

To establish an effective system for protection of plant varieties, the rights of To establish an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of farmers and plant breeders and to encourage the development of new varieties of plants (including other objects which are included in the introductory portion of the plants (including other objects which are included in the introductory portion of the Act). Act).

THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS RULES, 2003 (“RULES, 2003 (“PPVFRRPPVFRR”)”)

These Rules which under head note 1 came into force on 19These Rules which under head note 1 came into force on 19thth October, October, 2006 vide S.O.No.1797 (E). 2006 vide S.O.No.1797 (E).

GENERAL CLAUSES ACT, 1897GENERAL CLAUSES ACT, 1897

22. Making of rules or bye-laws and issuing of orders between passing and 22. Making of rules or bye-laws and issuing of orders between passing and commencement of enactment.----commencement of enactment.---- Where by any Central Act or Regulation which is Where by any Central Act or Regulation which is not to come into force immediately on the passing thereof, a power is conferred to not to come into force immediately on the passing thereof, a power is conferred to make rules or bye-laws or to issue orders with respect to the application of the Act or make rules or bye-laws or to issue orders with respect to the application of the Act or Regulation, or with respect to the establishment of any court or office or the Regulation, or with respect to the establishment of any court or office or the appointment of any Judge or officer there under or with respect to the person by whom appointment of any Judge or officer there under or with respect to the person by whom or the time when, or the place where, or the manner in which, or the fees for which, or the time when, or the place where, or the manner in which, or the fees for which, anything is to be done under the Act or Regulation, then that power may be exercised anything is to be done under the Act or Regulation, then that power may be exercised

at at any time after the passing of the Act or Regulation ; but rules, bye-laws or orders so any time after the passing of the Act or Regulation ; but rules, bye-laws or orders so made or issued, shall not take effect till the commencement of the Act or Regulation.made or issued, shall not take effect till the commencement of the Act or Regulation.