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PPV & FR Act and Biodiversity Act

This Act was created with an objective of owning our product in the field of agriculture.

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PPV & FR Act and Biodiversity Act

  1. 1. Presented by Nishanth S
  2. 2. PPV & FR Act, 2001 CHAPTER I Preliminary Clauses 1-2 CHAPTER II PPVFR Authority and Registry Clauses 3-13 CHAPTER III Registration of PV and EDV Clauses 14-23 CHAPTER IV Duration and Effect of Registration and Benefit Sharing Clauses 24-32 CHAPTER V Surrender & Revocation of Certificate & Rectification & Correction of Register Clauses 33-38 CHAPTER VI Farmers’ Rights Clauses 39-46 CHAPTER VII Compulsory Licence Clauses 47-53 CHAPTER VIII Plant Varieties Protection Appellate Tribunal Clauses 54-59 CHAPTER IX Finance, Accounts and Audit Clauses 60-63 CHAPTER X Infringement, Offences, Penalties & Procedure Clauses 64-77 CHAPTER XI Miscellaneous Clauses 78-97
  3. 3. Milestones Protection of Plant Varieties TRIPS After the implementation of WTO rules and regulations Provision – member nations are required to grant patents on microorganisms, non/biological and microbiological processes as well as effective IPR protection for plant varieties article 27.3 (B) Members may choose from patents sui-generis system Both Particular to the nation
  4. 4. Plant Variety Protection “Plant Variety Protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights. Plant Breeder’s Rights are intellectual property rights that provide exclusive rights to a breeder of the registered variety.” 1) To encourage scientists, farmers, communities for the development of the new plant varieties having quality and production potential. 2) Registration of varieties for legal protection. 3) Characterization and documentation of registered varieties. 4) Ensuring the availability of quality seeds of registered varieties under this Act. 5) Establishing Gene Funds for rewards and compensation.
  5. 5. Breeders’ Rights Researchers ’ Rights Farmers’ Rights Streams merged to this act The three streams merged to this PPV & FR act, 2001
  6. 6. Who is a Farmer? A farmer is defined in the PPV & FR as: Section 2(k) ‘farmer’ means any person who –  Cultivated crops by cultivating the land himself; or  Cultivates crops by directly supervising the cultivation of land through any other person; or  Conserves and preserves, severally or jointly’, with any person any wild species, or traditional varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties
  7. 7. Farmers’ Rights Entitled to: save, use, sow, re-sow, exchange or sell his farm produce. Compensation for: failure of expected performance of registered variety. Protection against: innocent infringement. Exemption from: payment of DUS testing fee.
  8. 8. Breeder’s Rights Rights to: i. Produce ii. Sell, market, distribute iii. Import or export seeds of the protected variety  Breeders authorization for production or commercial exploitation of protected variety.  Penalties for infringement of Breeders’ Right. Researchers’ Rights: i. Use the registered variety for conducting experiment. ii. Use the variety as an initial source of variety for the purpose of creating other varieties.
  9. 9. Varieties Variety means a plant grouping except microorganisms within a single taxon of the lowest known rank, which can be • defined by the expression of the characteristics resulting from a given genotype of that plant grouping • distinguished form any other plant grouping by expression of at least one of the said characteristics and • considered as a unit with regard to its suitability for being propagated, which remains unchanged after such propagation and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety
  10. 10. Registrable plant varieties in India Four types New Variety Extant Variety Farmers’ Variety Essentially Derived Variety New Varieties: A variety which is not in public domain in India earlier than one year before the date of filling or outside India, in case of trees or vines earlier than 6 years or in any other case earlier than 4 years.
  11. 11. Registrable plant varieties in India Extent Varieties: Varieties notified under Section 5 of the Seed Act 1966 and also the varieties in public domain are called extant varieties. Farmers’ Varieties / Community Varieties: These varieties are traditionally cultivated and evolved by the farmers in their fields. The wild relatives, land races which the farmer posses also fall in this category. Essentially Derived Varieties: These varieties are predominantly derived from initial varieties that retains the characters of initial variety and clearly distinguishable from such initial at least for one trait.
  12. 12. Non-Registrable Plant Varieties in India 1. Varieties on exploration are harmful to ecosystem (human, animal, plants & environment) 2. Genetic use restriction technology (GURT) or terminator technology. 3. Genus or species not notified in official gazette at the time of filing application. 4. Not capable of identifying such variety.
  13. 13. Duration of protection of a registered plant varieties The duration of protection of registered varieties is different for different crops which are as follows: from the date of notification of that variety by the Central Government under section 5 of the Seed Act 1966. Extension will be given after review. Type Initial years Extendable years Total Field crops 6 9 15 Trees and vines 9 9 18 Extant variety (notified) 15 years from the date of notification
  14. 14. Criteria for deciding protection of plant varieties • Clearly distinct from other varieties – the candidate variety can be identified. Distinctness • The variation between individuals in a variety must be less than within a species. Uniformity • Relevant characters remain unchanged after repeated propagation. Stability • The variety shall be deemed to be new. Novelty • Denomination must enable the variety to be identified – Generic designation Appropriate Denomination
  15. 15. Plants covered under the Act There are a total of 21 species at present that could be registered which are broadly divided into three categories:  Pulses  Coarse cereals  Oil seeds Other new species for which approval is awaited 22 species such as  8 vegetable species  1 fruit: mango  1 flower: Rose  10 oil seed crops
  16. 16. Rights enjoyed by the owner of Variety The owner of the protected variety has the following rights a) To produce b) To sell c) To market d) To distribute e) To import and f) To export the variety Infringement: Section 64 Anyone of the following done by a person other than the owner or without his authorisation / license.  sells, exports or imports a registered variety.  sells, exports or imports a variety deceptively similar to the registered variety.
  17. 17. National Gene Fund Annual fee on varieties Compensations deposited Benefit shares awarded Contributions from National & International Organizations Reimbursement of Benefit shares Reimbursement of compensation Supporting conservation (Sec. 45)
  18. 18. Application form 1. Form 1 – for registration of new variety, extant variety and farmers’ variety 2. Form II – for essentially derived varieties and transgenic varieties. 3. Technical questionnaire attached with Form I and Form II – for detailed information of the concerned variety. These filled application forms must be accompanied by the fee prescribed by the Authority. The PPV&FR Authority has started receiving applications for the registration of varieties of 12 notified species from 21st May 2007.
  19. 19. Procedure for Registration Submission of application form + technical questionnaire to authority Initial Scrutiny Receipt or acknowledgement Acceptance after validation of information Advertisement of application in Gazette of India
  20. 20. Procedure for Registration Invitation of objectives within 3 months Opposition with prescribed fee within 3 months A copy of opposition notice referred by register in applicant Counter statement by applicant within 3 months Registrar refer a copy or counter statement to opposition and requiring submission of final opposition
  21. 21. Procedure for Registration Registrar shall hear both the parties After considering the evidences, Registrar may uphold or reject opposition Conduct DUS test (2years at 2 locations) Found distinct. Uniform, stableand new Issue of certification of registration
  22. 22. Procedure for Registration Publication of contents of certificate and invites claims of benefit sharing On receiving the claims authority send a copy of claims to breeder of registered variety Breeder may submit his notice of opposition to claim within 3 months Evidences given by both parties duly considered by the authority while disposing of any claim for benefit sharing It claims are found to be genuine, breeder has to deposit amount of benefit sharing
  23. 23. Cost of registering a plant variety The fee structure as defined by the PPV & FR Authority is as below: (To be retained at DUS test site after issue of receipt) A. Form Charges 1. Application Form charges Rs. 200 B. DUS test fee Rs. 20,000 C. Annual fee The authority shall notify the amount separately in the official Gazette. II. Other charges A. Registration Charges 1. For Extant Variety of common knowledge where no DUS test is needed Rs. 2,000 2. Registration Certificate Charges Rs. 5,000 B. DUS test site visit charges/person/visit Rs. 500
  24. 24. Reasoning Plant Breeder’s Right EQUITY, ETHICS & PUBLIC INTEREST
  25. 25. Address for Correspondence Office for the registration of plant varieties: The Registrar, Protection of Plant Varieties and Farmers’ Rights Authority, Government of India, Ministry of Agriculture, NASC Complex, DPS Marg, Opposite Todappur, New Delhi – 110 012
  26. 26. Biodiversity in India
  27. 27. Convention on Biological Diversity (CBD)  The convention is founded on the principle that local communities generate and are dependent on biodiversity and should continue to benefit form it.  Signed in 1992 at the UN Conference on Environment and Development (UNCED) in Rio de Janeiro entered into force on 29 December 1993.  More than 170 countries (present - 175)  India became a signatory to the Convention on Biological Diversity in 5th June 1992. The main objectives of the Convention are: ♦ Conservation of biological diversity; ♦ Sustainable use of the components of biodiversity; ♦ Fair and equitable sharing of benefits arising out of the utilisation of genetic resources.
  28. 28. Biological Diversity Act CHAPTER I Preliminary – Terminologies and Definitions CHAPTER II Regulations of access to Biological Diversity CHAPTER III Establishment of National Biodiversity Authority CHAPTER IV Functions and Powers of National Biodiversity Authority CHAPTER V Approval by the National Biodiversity Authority for understanding certain activities ie Transfer of biological resource or associated knowledge CHAPTER VI Establishment of State Biodiversity Board CHAPTER VII Finance, Accounts and Audit of National Biodiversity Authority CHAPTER VIII Finance, Accounts and Audit of State Biodiversity Authority CHAPTER IX Duties of the Central and State Governments CHAPTER X Constitution of State Biodiversity Management Committees CHAPTER XI Local Biodiversity Fund CHAPTER XII Miscellaneous
  29. 29. Definitions Biological diversity: means the variability among living organisms from all sources and the ecological complexes in which they are part and includes diversity within species or between species and of eco-systems. Biological Resources: means plants, animals and micro-organisms or parts thereof, their genetic material and by-products (excluding value added products) with actual or potential use or value, but does not include human genetic material.
  30. 30. Definitions Commercial utilization: means end uses of biological resources for commercial utilization such as drugs, industrial enzymes, food flavours, fragrance, cosmetics, emulsifiers, oleoresins, colours, extracts and genes used for improving crops and livestock through genetic intervention, but does not include conventional breeding or traditional practices in use in any agriculture, horticulture, poultry, dairy farming, animal husbandry or bee keeping. Sustainable use: means the use of components of biological diversity in such manner and at such rate that does not lead to the decline of the biological diversity thereby maintaining its potential to meet the needs and aspirations of present and future generations.
  31. 31. Structure of Bio-diversity Act Three tier system Requests for access by foreign individuals, institutions or companies. Transfer of results of research to any foreigner. Access by Indians for commercial purposes. The Indian industry – provide about the use of Biological resources. Institutions of local self government. Conservation, sustainable use, documentation of biodiversity, etc., NBA SBB 29 BMC 37,769
  32. 32. National Biodiversity Authority (NBA) Section 8. The Head Office of the National Biodiversity Authority shall be at Chennai Dr. (Ms) B. Meenakumari From 9th February 2016
  33. 33. National Biodiversity Authority (NBA) Ex-Officio (10) Ministry of Tribal Affairs (1) Ministry of Environment and Forests (2) Whom 1 shall be ADG/DG Ministry of Agriculture Research and Education (1) Ministry of Biotechnology(1) Ministry of Ocean Development(1) Ministry of Agriculture and Cooperation (1) Indian Systems of Medicine and Homeopathy (1) Science and Technology(1) Scientific and Industrial Research (1)
  34. 34. National Biodiversity Authority (NBA) Non-official (5) Specialists and scientists having special knowledge of, or experience in Sustainable use of biological resources Equitable sharing of benefits Conservers, creators & knowledge- holders of biological resources Representatives of industry Conservation of biological resources
  35. 35. Functions of NBA Section 18 1. It shall be the duty of the National Biodiversity Authority to regulate activities, and 2. Grant approval for undertaking any activity referred to in section 3, 4 and 6. Section - 3: All foreign national require approval from NBA for obtaining Biological Resources. Section - 4: Indian individuals/entities to seek approval before transferring knowledge / research and material to foreigners. Section - 6: Prior approval of NBA before applying for any kind of IPR based on research conducted on biological material and or associated knowledge obtained from India.
  36. 36. Functions of NBA 3. The National Biodiversity Authority may – a) advise the Central Government on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of benefits arising out of the utilization of biological resources. b) Advise the State Government in the selection of areas of biodiversity importance as heritage sites and measures for the management of such heritage sites. 4. The NBA may, on behalf of the Central Government, take any measures necessary to oppose the grant of intellectual property rights in any country outside India on any biological resource obtained from India or knowledge associated with such biological resource which is derived from India.
  37. 37. State Biodiversity Board (SBB) 1. With the effect from such dates as the State Government may appoint, for the purpose af this Act, a board for the State to be known as the _________________(name of the State) Biodiversity Board. 2. For Union Territory, National Biodiversity Authority will perform the functions of SBB. 3. The Board shall consist of the following members namely:- a) A chairperson b) Five ex-officio members c) Five members from among the experts in matters relating to conservation of biological diversity, sustainable use of biological resources and equitable sharing of benefits arising out of the use of biological resources.
  38. 38. Functions of State Biodiversity Board Section 23 1. Advise the State Government , on matters relating to the conservation of biodiversity, sustainable use of its components and equitable sharing of the benefits arising out of the utilization of biological resources. 2. Regulate by granting of approvals or otherwise requests for commercial utilization or bio-survey and bio-utilization of any biological resource by Indians. 3. Perform certain other functions as may be necessary to carry out as may be prescribed by the State Biodiversity Authority.
  39. 39. Biodiversity Management Committee (BMC) Section 41 Every local body shall constitute a biodiversity management committees for the purpose of –  Promoting conservation,  Sustainable use and documentation of biological diversity including preservation of habitats,  Conservation of land races, folk varieties and cultivars, domesticated stocks and breeds of animals and micro-organisms,  Chronicling of knowledge relating to biological diversity.
  40. 40. Definitions “Cultivar “means a variety of plant that has originated and persisted under cultivation or was specifically bread for the purpose of cultivation. “Folk variety” means a cultivated variety of plant that was developed, grown and exchanged informally among farmers “Land race” means primitive cultivar that was grown by ancient farmers and their successors. Biodiversity Heritage Sites (BHS): Biodiversity heritage sites (BHS) should includes both wild and domesticated biodiversity and human cultural relations with such biodiversity.
  41. 41. Nagoya Protocol  The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity. To access genetic resources and the fair and equitable sharing of benefits arising from their utilization to the Convention on Biological Diversity.  The Nagoya Protocol will create greater legal certainty and transparency for both providers and users of genetic resources by: a) Establishing more predictable conditions for access to genetic resources. b) Helping to ensure benefit-sharing when genetic resources leave the contracting party providing the genetic resources.
  42. 42. Abbrevations
  43. 43. Abbrevations WTO World Trade Organisation IPR Intellectual Property Rights TRIPs Trade Related Intellectual Property Rights PPV&FR Act Protection of Plant Varieties and Farmers’ Rights Act CBD Convention on Biological Diversity ITPGRFA International Treaty on Plant Genetic Resources for Food and Agriculture NBA National Biodiversity Authority SBB State Biodiversity Board BMC Biodiversity Management Committee BHS Biodiversity Heritage Sites PBR Peoples’ Biodiversity Register