IPR protection of plants

1/16/2014 1 Vignaan Pharmacy College, Vadlamudi.

Presented By

10AB1R0042,

Shajeeya Amren. Sk

Guided By

A. Viswanath,

R. Karthikeyan,

Vignan Pharmacy College

Protection

• The term protection is to be understood in the

sense of intellectual property (IP) protection.

• MAPs can be protected by way of patents or plant

breeder’s right.

• The term protection does not refer to the concept

of protection in environmental law, or to the

concept of preservation or conservation. 1/16/2014 3 Vignaan Pharmacy College, Vadlamudi.

Intellectual property (IP) refers to creations of the mind:

inventions, literary and artistic works, and symbols,

names, images, and designs used in commerce.

……..WIPO

• UN organization dedicated to promoting the use and

protection of works of the human spirit.

• Headquarters in Geneva, Switzerland.

• 185 nations as member states.

• Manages all IPs.

• Training through Academy and Seminars 1/16/2014 4 Vignaan Pharmacy College, Vadlamudi.

• Reward original efforts

• Stimulate innovation and creativity

• Prevent duplication of work

• Commercial value in research

• Prevent exploitation of workers

• Technical information for research & to prevent

litigation


IPR

Patents

Copy-Rights

Trade-mark

Ind. Design

Geo-graphical Indication

Int. circuits

Plant Breeder Rights

Trade secrets


• Property Right INTELLECT – PROPERTY – RIGHT Idea Expression COPYRIGHT Idea Innovation Invention PATENT Idea Quality + Identity TRADEMARK Idea Appearance DESIGN Idea Keep Confidential No Disclosure


Trade marks –The Trademarks Act 1999

Copy Right Works- The Copyright Act 1957

Designs- lines colours shapes etc. –The Designs Act 2000

Inventions- Products or Process-The Patents Act 1970

Plant variety protection – Plant Varieties and Farmers' Rights Act,

2001

Integrated circuits- The Semiconductor Integrated Circuits Layout-

design Act, 2000

Geographical Indications - Geographical Indications of Goods

(Registration and Protection) Act, 1999 came in force with effect

from September 2003. 1/16/2014 8 Vignaan Pharmacy College, Vadlamudi.

Act Ministry/Department

The Copyright Act, 1957 Higher Education

The Patents Act, 1970 Industrial Policy &

Promotion

The Designs Act, 2000 Industrial Policy &

Promotion

The Trade Marks Act, 1999 Industrial Policy &

Promotion

The Geographical Indications of Goods

(Registration and Protection) Act, 1999

Industrial Policy &

Promotion

The Semiconductor Integrated Circuits Layout-

Design Act, 2000

Information Technology

The Protection of Plant Varieties and Farmers’

Rights Act, 2001

Agriculture and Cooperation


Plant Intellectual Protection

Plant Patent

Utility Patent

Plant Patent

Trade Secret

Genetic Mechanism

Hybrid

GURT’s

Contracts

Material Transfer Agreements

Bag Labels

Technology Use Agreements

Plant Breeder Rights

1/16/2014 Vignaan Pharmacy College, Vadlamudi. 10

New Distinct

Uniform Stable


Mentha piperita light

Mentha piperita dark

The patent application must show:

1) novelty

2) non-obviousness, or an inventive step

3) usefulness (US) or industrial applicability (Europe, Australia)

4) enablement

5) claim clarity

6) written description

7) best mode (United States only)


A utility patent grants the owner the right

to exclude others from:

1) making,

2) using,

3) selling or offering for sale or

4) Importing the protected invention for a 20 year

period* from the earliest file date.


• available in very few countries. The Plant Patent Act was enacted by

US congress in 1930.

• It was introduced primarily to benefit the horticulture industry by

encouraging plant breeding and increasing plant genetic diversity.

• Limited types of plants are eligible for protection

The Plant Patent Act 1930 (35 U.S.C. 161) provides for:

patent protection of all asexually reproduced plants

EXCEPT:

1) tuber-propagated plants and

2) plants found in an uncultivated state. 1/16/2014 Vignaan Pharmacy College, Vadlamudi. 14

Requirement for plant protection under TRIPs

International Union for the Protection of New Varieties of Plants (UPOV)

Plant protection mechanisms provided by sample countries

• Protection confers the right to exclude others from:

1) producing or reproducing,

2) propagating,

3) offering for sale,

4) selling or other marketing,

5) exporting, importing or

6) stocking for any of the above purposes the protected variety.


A trade secret is confidential information any formula, pattern, device, or

compilation of information that is used in a business and gives that business

an opportunity to obtain advantages over competitors.

• Secrecy: in the form of a confidentiality agreement or covenant. External

forms of protection such as security systems etc also impart the necessary

requirement of secrecy.

• Novelty: The subject of the secrecy must have been novel.

• Value: The subject of the trade secret must be of some value or give some

advantage over competitors.


• In some cases, specialized plant breeding can present an

alternative to intellectual property protection.

• Seeds resulting from hybrids show an extremely poor ability to

reliably reproduce the trait of interest in their progeny or next

generation.

• Genetic Use Restriction Technologies (GURTs) is technology

that allows the control of gene expression of an organism,

further allowing constraints or restrictions on the use of the

organism or trait.

• There are two main types of GURTs: variety-level GURT (v-

GURT) and trait- level GURT (t-GURT).


Material Transfer Agreements

• Material Transfer Agreements (MTAs) are legal agreements made between a

provider and a recipient party when research material is being transferred between

institutions.

Bag Labels

• Bag label contracts are another form of legal protection which can be applied to

plants, especially seeds

Technology Use Agreements

• A technology use agreement is an agreement most commonly between technology

suppliers and farmers which usually controls the right to plant a given seed on a

specific area of land often for a certain period of time. 1/16/2014 Vignaan Pharmacy College, Vadlamudi. 18

Plant Patents

• Whoever invents or discovers and asexually reproduces

any distinct and new variety of plant, including

cultivated spores, mutants, hybrids, and newly found

seedlings, other than a tuber propagated plant or a plant

found in an uncultivated state. . . (35 U.S.C. § 161)

– No bacteria or similar single-cell organisms need apply!


• Register able varieties and criteria:

New Varieties

Novelty, Distinctiveness, uniformity and stability

Extant varieties

Distinctiveness, uniformity and stability

• Persons who can Register

Breeders, farmers, universities, agricultural institutes

• Period of protection

15 years for annual crops

18 years for trees and vines

Vignaan Pharmacy College, Vadlamudi. 20 1/16/2014

• This Law Established Patent Rights For Developers Of New Varieties Of

Many Asexually Propagated Plants.

• Conventional Intellectual Property Law Does Not Adequately Cover Or

Protect Traditional Knowledge And Innovations Of Indigenous And Local

Peoples.


• Mohan devan, IPR protection an overall view, journal of intellectual property rights

• Alimpan chatterjee, traditional knowledge herbal medicine and intellectual

property: a debate over rights

• Geertrui van overall intellectual property protection for medicinal and aromatic

plants centre for intellectual property rights, catholic university Leuven, e-mail:

[email protected]

• Bimal b.Bhaskar corporate & IPRpresentation on the protection of plant varieties

• Edmund jason g. Baranda plant variety protection

• Okan arihan, a. Mine gençler özkan2traditional medicine and intellectual property

rights hacettepe university, faculty of medicine, department of pharmacology.

• Internet source: http://www.uspto.gov/web/offices/pac/plant/


mailto:[email protected]

http://www.uspto.gov/web/offices/pac/plant/

I be grateful of my guides

A. Viswanath, R. Karthikeyan

for their immense support and encouragement

I also convey my in depth gratitude

to our beloved principle

Dr P. Srinivasa Babu

IPR protection of plants

Education

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