This include Protection of various catagories of Plant Varieties in Indian Scenarion as per obligation of TRIPs Agreement.

1. Dr. Sujit Kumar
Scientific Office (Plant Breeding)
U.P. Council of Agricultural Research,
Lucknow
Protection of Plant Varieties with Plant
Breeders Rights in India
14 January 2020
Kanpur
**DISCLAIMER: The presentation is personal view and does not represent official view of the Authority

2. Improved competitiveness
in foreign markets and
development of the rural
economy
Increased breeding activity
and encouragement of new
types of breeders, such as
private breeders, researchers
and farmer breeders
Development of
partnerships, including
public-private cooperation
Improvements for farmers,
growers, industry and
consumers, with overall
economic benefit

3. • Need for effective “sui-generis” system
for plant variety protection
• To fulfil obligation under Article
27(3)(b) of TRIPS and to harmonize
with UPOV system: PPV&FR Act, 2001
was enacted
• Recognises contributions in Agro-
biodiversity conservation
• National Gene Fund

4. To provide an
effective system for
protection of plant
varieties and rights
of farmers and plant
breeders
To recognize the
farmers in respect of
their contribution
made at conserving ,
improving and making
available PGR for
development of new
plant varieties
To protect plant
breeders’ rights to
stimulate investment
for R&D and
development of new
varieties
To facilitate the
growth of seed
industry to ensure
production and
availability of high
quality seed /
planting material.

5. Important
provisions of Plant
Varieties &
Farmers’ Rights
Act, 2001
Farmers’
Rights
Breeders’
Rights
Gene Fund
and
Recognition
Awards
Compulsory
License
Benefit
Sharing
Researchers’
Rights
Community
Rights
Convention
Countries
Infringements,
offences &
penalties
Plant Variety
Journal
National Gene
Bank & Field
Gene Bank
DUS Centres
Appellate
Tribunal

6. Registration of new, extant and
farmers’ plant varieties
Developing DUS
(Distinctiveness, Uniformity
and Stability) test guidelines
for new plant species
Characterization and
documentation of registered
varieties
Ensuring availability of seeds of
registered varieties to farmers by
provision of compulsory license.
Maintenance of National
Register of plant varieties
Recognition and reward to farmers/farming communities for their
contributions towards conservation of PGR for development of new
plant varieties
Cataloguing facility for
varieties of plants

7. TRIPs and Plant Variety Protection in India
• Article 27.3 (b) of TRIPs Agreement
“…members shall provide for the protection of plant varieties either
by patents or an effective sui generis system or by any combination
thereof”
• The PPVFR Act passed - 2001,
Rules in 2003 and
Implemented by the establishment of a Statutory Body, PPVFRA in
2005
• Rights granted : Breeders,
Farmers and
Researchers
• First variety registered in 2009

8. INDIA BECOMES MEMBER OF WTO & APPLICABILITY OF TRIPS
India became a member of the World Trade Organization (“WTO” for
brevity) on January 1, 1995. As a member, it was required to comply with the
Trade Related Aspects of the Intellectual Property Systems (TRIPS)
agreement. TRIPS require member countries “to provide adequate standards and
principles concerning the availability, scope and use of intellectual property
rights and effective means for the enforcement of these rights.”

9. Registrable Varieties
New Varieties
Extant Variety (up to 2022 for 65 species)
• Notified under Seeds Act, 1966
• Farmers Variety
• Variety of Common Knowledge
Essentially Derived Variety
GM Varieties

10. Section 15 (3) c:
Uniformity –
Section 15 (3) d: Stability –
Essential characteristics
remain unchanged even
after repeated propagation
Section 15 (3) a:
Novelty -
Section 15 (3) b:
Distinctiveness –

11. Type of
variety
Type of test No. of
locations
No. of
seasons
New DUS test 2 2
VCK DUS test 2 1
Farmers’ Grow out test 2 1
EDV Manner of testing EDV shall be decided by
Authority on case to case basis
DUS Test

12. Period of Protection (Years)
Total Initial Extended
Trees & Vines 18 from date of
registration
9 9
Other Crops 15 from date of
registration
6 9
Extant
Notified
varieties
15 from date of notification of variety under
the Seeds Act, 1966 by the Central Govt.

14. Traditionally
cultivated and
evolved by the
farmers in their fields
A wild relative or
land race or a variety
about which the
farmers possess the
common knowledge

15. A farmer is entitled
• to save,
• to use
• to sow
• to re-sow
• to exchange
• to share
• to sell
his farm produce including seed of
a variety protected under the Act
and is entitled to sell non-branded
seed of a variety protected under
the Act

16. Development of DUS Guideline
Gazette Notification
Application by Breeder/
Farmers’(Sec 14, 23) Internal Scrutiny (Sec 20)
PV 1, TQ, NORV, IINDUS
DUS Test for accepted entry
Acceptance/Rejection for claim
For Novelty & DUS
Payment of Registration +
DUS Fee, if any
Marketing of
Registered variety
Application
Accepted/Rejected
New var- 2 season + 2 location
VCK & FV- 1 Season+2 location
Test for Special characters
(if DUS test fails)
Registration Grant (Sec 24) + entry
National Plant Variety Register
Compulsory Licensing/
Benefit sharing /denomination alter
Analysis of DUS data
Surrender/
Revocation of Registration
Seed Deposit (National Gene Bank)
Annual/Renewal fee
Protection period(15 or 18 yrs)
Published in the PVJ for
pre grant opposition
Published in the PVJ for
Benefit sharing

17. Type of variety Fees for Registration
Category INR
Essentially Derived Varieties Individual
Educational
Commercial
Rs. 5000/-
Rs. 7000/-
Rs. 10000/-
Extant Variety notified under section 5 of
Seeds Act, 1966
Rs. 1000/-
New Variety Individual
Educational
Commercial
Rs. 5000/-
Rs. 7000/-
Rs.10000/-
Extant Variety about which there is
common knowledge
Individual
Educational
Commercial
Rs. 2000/-
Rs. 3000/-
Rs. 5000/-
Farmers’ Variety No fee

19. What is DUS Test?
• Distinctiveness, Uniformity and Stability as fundamental to
determine identity
• Reference varieties: morphologically close to the proposed
candidate variety
• Candidate variety to be uniform and stable genetically over
descriptors
• Special Test on demand by breeder for picking up any non-
DUS trait: morphological, biochemical, molecular, bioassay
and organo-leptic tests
• Presently, 157 crop species are notified, 112 centers in
public research instts of ICAR, CSIR, SAU, etc 19

20. DUS Schedules
• “DUS” testing for new varieties for two years
in two locations as per DUS Guideline
Descriptors
• DUS testing for one year for varieties of
common knowledge
• Extant varieties notified under Seed Act
(1966) registered without DUS for a period up
to 2022
• Extant varieties belonging to farmers tested
for uniformity/stability for one year
20

21. Use of DNA Technologies to
Complement DUS by phenotyping
• DNA tools for selection and varietal development
• Recombination or introgression involving different parents
• Detect distinct plants which are related to each other by
pedigree or unrelated, whether or not the DUS traits
distinguish these
• Establish both genetic purity (uniformity) and stability

22. Farmers have the right to access
seed of registered varieties at a
reasonable and remunerative
price.
When this condition is not met,
under the provision concerning
compulsory licensing, the
breeder is obligated to license
the seed production, distribution
and sales of the variety to a
competent legal entity
Farmers’ Right to Reasonable/Remunerative seed
price [Section 47]

23. • An exclusive right on the breeder or his
successor, his agent or licensee, to produce,
sell, market, distribute, import or export
the variety
• A breeder may authorize any person to
produce, sell, market or otherwise deal with
the variety registered under this act
• Breeder shall enjoy provisional protection
of his variety against any abusive act
committed by any third party during the
period between filling of application for
registration and decision taken by Authority

24. • The use of any variety registered under
this act by any person using such variety
for conducting experiment or research
• The use of a variety as an initial source of
variety for the purpose of creating of
other varieties
Provided that the authorization of the
breeder of a registered variety is required
where the repeated use of such variety as a
parental line is necessary for commercial
production of such other newly developed
variety

25. INFRINGEMENT
(Seed sellers & Farmers to be careful of
violating Breeders Rights)
• Any one who
sells,
exports,
imports or
produces such a protected variety without
permission of the Breeder
• Uses, sells exports or imports any variety giving such
variety the denomination identical or deceptively similar
to denomination of variety Regd. under Act.

26. BENEFIT SHARING (Post Registration)
• Under Section 26, any person or group of
person or firm or governmental and non-
governmental organization can file after the
Authority invites for benefit sharing claims to
the variety newly registered
– filed in form PV-7 within six months from the date
of publication in PVJ
– regd. breeder may file opposition within three
months of receipt of PV-7
– evidence of regd. breeder and claimant

27. Determination of Benefit Sharing
Extent and nature of use of
genetic material of the
claimant in the development
of variety relating to which
benefit sharing is claimed
Commercial utility and demand
in the market of the variety
relating to which benefit
sharing has been claimed

28. Compensation under 41 of PPVFRA which deals with use of a
community maintained material (agro-diversity):
 Any person/farmer/community/village body or any agency on
behalf of the village or local farming community can file in any of
PPVFRA notified centers in the states any claim attributable to their
contribution in the evolution of any variety registered
 Unlike benefit share claims under Section 26 (which is limited to 6
months after publication of the invitation by PPVFRA, in PVJ), this
benefit sharing is available to be claimed anytime during the
registered life of a variety
 A fixed percentage based on profits and royalty gained/potential by
the registered breeder is worked out for compensation under 41(3)
Benefit Sharing to the Community :
Compensating Contribution in Variety

29. Benefit Sharing Entitlement in the Act
Section 26
Benefit Sharing
Section 41
Compensation to village or rural
community
To be filed within one year after
invitation of claims on registered
variety (S 26 Rule 41 (6+6 months).
Can be filed at any time during period
of protection. (Section 41)
Can be claimed by any Indian
citizen or firm or company (Section
26(2))
Can be claimed only by village or rural
community in India not by any
individual or firm or company (Section
41(1))
Can be filed in the Authority or its
Branch Offices (Section 26 read with
Rule 4)
Can be filed in any centre notified by
the Authority (Section 41)
No upper limit for benefit sharing
(Section 26(5))
There is a maximum limit for grant of
compensation (Section 41(3))
Genetic material must belong to the
claimant (Section 26(5))
Can be claimed if rural community has
significant contribution in the evolution
of new variety(Section 41(2))

30. Branch Offices
Ranchi and Guwahati
Field Gene Banks
Maintain referral samples of perennial, asexually / vegetatively
propagated crops and repository of the varieties under registration
(crop species adapted in suitable agro-ecological conditions)
Gene Bank Location (area of adaptation) Crops
Balasaheb Sawant Konkan
Krishi Vidyapeeth
Dapoli, Maharastra (Konkan, Western Ghats,
Western part of India)
Mango, Ginger, Small Cardamom,
Citrus, Turmeric, Coconut, Banana
Birsa Agricultural University Ranchi, Jharkhand
(Central and Eastern India)
Mango, Citrus, Guava, Banana
YS Parmar University of
Horticulture & Forestry
Solan, Himachal Pradesh
(Northern Hills, Temperate Zone)
Apple, Peach, Plum, Pear, Walnut
Central Arid Zone Research
Institute
Jodhpur, Rajasthan (Arid region) Agroforestry species, fodder and grass
species of arid region
National Gene Bank, New Delhi
• Conserving seeds of registered varieties - orthodox or true seeds of the varieties
of notified crop varieties till the period of registration.
• Provides the true reference sample of the registered varieties for future use

31. • Utilization of National Gene Fund for biodiversity conservation
under Section 45 (2) through BMCs:
 NGF supports conservation and sustainable use of genetic
resources by farmers
 NGF supports Panchayats in carrying out conservation & use of
genetic resources through effective adoption of Plant Bio Register
 NBA to nominate BMCs keeping in mind the agro-biodiversity value
of the regions concerned who can be funded through SBBs
• Use of PBR for indexing & cataloguing farmers’ varieties and other
plant varieties for implementation of 45(2)(C) of PPV&FRA, 2001
 Soft copies of registration details will be shared by PPV&FRA with
NBA to initiate documentation with SBBs for the details of PBR in
documenting the plant varieties. NBA may issue an advisory to SBBs
NGF in Providing Farmers for Agri-
diversity conservation

32. Benefit sharing
amount deposited
Contributions from
National & International
Organizations
Section 45 of the PPV&FR Act, 2001
In Flow
Reimbursement
of compensation
Supporting
conservation
Reimbursement of
Benefit shares
Out Flow
Annual Fee
National Gene Fund
Constituted by the
Government of
India
Compensation
amount deposited
National Gene Fund established
on 26 March 2007
For supporting the
conservation and
sustainable use of
genetic resources
including in-situ and
ex-situ collections

33. Varieties with specific traits for processing
(Verifiable through DNA, biochemical, sensory or
other tests with protocols)
• Varieties for Mango Pulp : Alphonso, Totapuri, Kesar
• Variety for banana chips : Nendran
• Variety for pomegranate juice: Bhagwa & Sholapur Lal
• Variety for pomegranate arils: Ganesh (orange),
Bhagwa & Sholapur Lal (Red)

34. Applications processed for grant of protection
(as on 27.05.2019)
Category No. of applications Certificates issued
New 2479 532
Extant 3017 1492
Farmers 10910 1597
EDV 181 1
Total 16587 3622
Contribution-wise:
Public 1912 1161
Private 3753 864
Farmers 10920 1597
Individual 2 -
Total 16587 3622

35. Applications processed for grant of protection for
horticultural crops (as on 27.05.2019)
Category No. of applications Certificates issued
New 596 38
Extant 818 162
Farmers 2124 9
EDV 3 -
Total 3541 209
Contribution-wise:
Public 275 107
Private 1139 93
Farmers 2127 9
Total 3541 209

36. ICAR
Research
Institutes
Seed Industry
Farmers’
cooperatives &
organisations
Bioversity
International
Krishi Vigyan
Kendra (Farm
Science Centres)
Network - 634
Non-
Governmental
Organisations
State
Agricultural
Universities
National
Biodiversity
Authority
CGIAR
Institutes
Protection of Plant
Varieties & Farmers’
Rights Authority
(for promotion of Farmers’ Rights)

37. Thanks