What is IPR (Intellectual Property Right)?
IPR
is kind of a legal patent to the inventors/creators to restrict the unauthorized
usage of their inventions/creations by any third parties. Let’s say, an
individual or any organisation has developed a variety. Now the variety is
patented to that individual or the organisation so that no other person or
organisation can use the variety commercially without any authorization from
the developer. The rationale for the establishment of a legal framework on IPRs
is that it is a signal to society that creative and inventive ideas will be
rewarded. Patent is one of the most powerful and useful IPR. Thus IPR may be explained
in a way where the creator/inventor/developer is rewarded for its creation.
How it’s related to Agriculture?
Many
countries have developed plant breeders' rights to reward conventional plant
breeding efforts. Such sui generis (syn.
one-of-its-kind) protection is weaker than patent protection in that the right
holders can only prevent third parties from commercially exploiting the
protected material. The criteria used to grant such protection is also lower
than that used to determine patentability as these are distinctness, i.e.
distinguishable from earlier known varieties, uniformity i.e. display of the
same essential characteristics in every plant and stability i.e. the retention
of the essential characteristics on reproduction. Such protection encourages
breeding efforts in the private sector. Historically, in developing countries,
such efforts have emanated from the public sector or from international research
institutions. It is only in recent years that developing countries have begun
to institute such protection. Biotechnology is one of the sector that holds the
most potential for IPR. But not only Biotechnology, even Hybrids are also
potent.
PPV & FR Act (2001):
Before
PPV & FRA, in India, the IPA (Indian Patent Act, 1970) was the only way to
protect the unlawful and unauthorized usage of the Industrial Properties such
as patents, trademarks, geographical indications, industrial designs etc. and
copyrights & related rights like literary works, performances, broadcasts
etc. But the major weakness of this act was, it didn’t include the Agricultural
or Horticultural method of production for patentability. Following the
Agreement on TRIPS (Trade Related Aspects of Intellectual Property Rights in
the World Trade Organisation, the Govt. of India adopted a sui generis system for the protection of plant varieties through Protection
of Plant Varieties & Farmers Right Act on 2001 keeping a conformity with
UPOV (International Union for the Protection of New Varieties of Plants). The Act
became functional on 2005 with the establishment of PPV & FR Authority.
The major objective of the act was,
·
To
provide an effective system for the protection of plant varieties, right of
farmers and plant breeders.
·
To
encourage the new plant variety development.
·
Recognition
to the farmers in respect to their contribution during anytime in conserving,
improving and making available plant genetic resources.
General function of PPV & FR Authority:
·
Registration
of new plant varieties, essentially derived varieties (EDV), extant varieties (A
variety which is notified under Seed Act, 1966 or a variety about which there
is common knowledge or a farmers’ variety or any other variety which is in
public domain is considered as an Extant variety.)
·
Developing
DUS (Distinctiveness, Uniformity & Stability) test guidelines for new varieties.
·
Developing
characterization and documentation of registered plant varieties.
·
Compulsory
cataloguing for every plant varieties, even for the varieties developed by
farmers.
·
Recognizing
and rewarding farmers, community of farmers, specially to the tribal and rural
communities who are conserving, improving and preserving the genetic resources
and their primitive and wild races.
·
Maintenance
of the National register of Plant varieties.
·
Maintenance
of National Gene Bank.
What are the rights enabled under the act?
Breeder’s
Right: According to the act Breeders are exclusively empowered to breed, sell,
market, distribute, import or export the protected variety. Breeder can appoint
agent/ licensee and may exercise for civil remedy in case of infringement of
rights.
Researcher’s
Right: According to the act, Researchers can use the bred seed as primary
source of seed for the experiments or research in order to develop another new
variety. But permission from the original breeder is mandatory in case of
repeated use of the bred seed.
Farmer’s
Right: Apart from breeders’ and researchers’ right farmers are also entitled to
the recognition for conservation of genetic resources of land races, wild
species & other economically important plant species and their development.
A farmer who has developed or bred a new variety through the traditional
methods (usually selection from saved seeds generation after generation) shall
be entitled for registration and other protection under the Act in same manner as
a breeder of variety.
Current status:
Till
now a total of 3341 plant varieties were registered under this act as on
31.03.2018 and those varieties are owned by Public sector organisations,
Private sector, Researchers and even farmers. The number of farmers who applied
for registration and got certificate as on 31.03.2018 is 1531.
- Number of certificates issued for total vegetables is 183.
- Among total vegetables for Chilli 7, for Bitter gourd 1, for Cauliflower 4, for Cabbage 1, for Brinjal 37, for Bottle gourd 3, for French Bean 2, for garlic 7, for Pea 2, for Cucumber 2, for Potato 25, for Okra 35, for Onion 8, for Muskmelon 2, for Tomato 38, for Pumpkin 3, for Ridge gourd 1, for spinach beat 1 and for Amaranthus 1 number of certificate issued by the Authority as on 31.03.2018 (As notified in the Official Website)
Duration of Protection of a registered plant variety:
Tree
or vines: 18 years
Other
crops: 15 years.
Extant
varieties: 15 years from the date of notification of the variety by the Central
Govt. under Seed Act, 1966.
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