Plant On

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Jaskeerat Bedi | Richa Thakker | Suganth Chellamuthu

Proprietors:

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Intellectual property rights (IPRs) can be broadly defined as legal rightsestablished over creative or inventive ideas. Such legal rights generallyallow right holders to exclude the unauthorized commercial use of their creations/inventions by third persons.

The rationale for the establishment of a legal framework on IPRs is that itis a signal to society that creative and inventive ideas will be rewarded.This does not mean that there is no other way of rewarding such ideas or that this system is absolutely necessary, even less sufficient, to rewardinventiveness or creativity. Nevertheless, it would be difficult to denythat IPRs do have a role to play in setting up of any such reward system.There are two broad categories of IPRs:one, industrial property2 covering IPRs such as patents, trademarks,

geographical indications and industrial designs;two, copyright and related rights covering artistic and literary works,performances, broadcasts and the like. IPRs that do not fit into thisclassical division are termed sui generis, meaning one-of-its-kind. Suchsui generis rights include those covering lay-out designs of semiconductor chips and plant breeders’ rights.

INTRODUCTION

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Several of the IPRs are relevant to the agricultural sector that can be used to protect goods or services produced in the agricultural

These are mainly patents, plant breeders’ rights, trademarks,geographical indications and trade secrets. It is possible to include lay-out designs for chips that are designed to perform

certain functions related to agriculture, but these are assumed to be incorporatedin machines produced in the industrial sector. Similarly, scientific papers or television programmes covering ideas related to agriculture are not seen asdirectly being produced inthis sector.

The relevant IPRs are dealt with below.

Patents are probably the most important IPR today for agricultural goods andservices as they provide, the strongest protection for patentable plants andanimals and biotechnological processes for their production. Patents universally

give the patentee the right to prevent third parties from making, using or sellingthe patented product or process. Patents, however, have to be disclosed to thepublic through the patent documents. This enables researchers to develop further useful products or services. Patentable products have to meet the criteria of patentability, viz., novelty, i.e. that which is not known in the prior art, non-obviousness i.e. that which involves an inventive step andusefulness i.e. that which is industrially applicable. With some nuanceddifferences the patent laws of all countries follow these criteria. However, not allcountries allow the patenting of plants and animals or even microorganisms or biotechnological processes.

IPR INAGRICULTURE

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SUI GENERIS:Many countries have developed plant breeders' rights to reward conventionalplant breeding efforts. Such sui generis protection is weaker than patentprotection in that the right holders can only prevent third parties fromcommercially exploiting the protected material. The criteria used to grant suchprotection 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. theretention of the essential characteristics on reproduction. Such protectionencourages breeding efforts in the private sector.

Marks used in commerce can be applied to both agricultural and industrialproducts and services. For instance, trademarks are used to market seeds or spraying services. The essential purpose of a trademark is to distinguish thegoods and services of one enterprise from another, thus preventing deception of the consumer. Such protection prevents the wrongful use of commercial marksand is not limited in time, although registration may have to be renewed from

time to time. Almost all countries in the world protect trademarks.

GEOGRAPHICAL INDICATION:One category of commercial marks more often used in agriculture than industryare geographical indications, including appellations of origin. These are marksassociated with products originating from a country, region or locality where thequality, reputation or other characteristics of the product are essentiallyattributable to its geographical origin.

IPR INAGRICULTURE

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PLANT BREEDER’S RIGHTS:Vegetatively propagated plants were first made patentable inthe US only in 1930. And the protection of plant varieties (or plant breeder’s rights - PBRs), a new form of intellectual

property, only became widespread in the second half of the 20thCentury. Thus systems for the protection of plants derive fromthe economic structure and circumstances of agriculture thatprevailed in developed countries in this period. That suchsystems came into being reflected the growing interest of private breeders in protecting their intellectual property.

VARIATION INIPR FOR AGRI-CULTURE

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Union Internationale pour la Protection des Obtentions Végétales/ International Union for the Protection of New Varietiesof Plants (UPOV)The purpose of the UPOV Convention is to ensure that the

member States of the Union acknowledge the achievements of breeders of new plant varieties, by making available to themexclusive property right, on the basis of a set of uniform andclearly defined principles.The Indian government,which hasrecently decided to seek admission to UPOV, has incorporated in its PVP legislation (2002) a clause (39 (1) (iv)) that states:“a farmer shall be deemed to be entitled to save, use, sow, re-sow, exchange, share or sell his farm produce including seed of

a variety protected under this Act in the same manner as he wasentitled to before the coming into force of this Act:Provided that the farmer shall not be entitled to sell branded seed of a variety protected under this Act.” 23


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Farmers’ Rights are not an intellectual property right, but theyneed to be viewed as an important counterbalance to the rightsaccorded to breeders in the formal sector under PVP or patents.The Farmers’ Rights In ITPGRFA Treaty provides for a

financing mechanism to be set up, financed by contributionsand the share of the proceeds of commercialization, which willenable the implementation of agreed plans and programmesfor farmers “who conserve and sustainably utilize plant geneticresources for food and agriculture.”45


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NEW YORK RESTORATION PROJECT

FOOTPRINT-TRUST

http://www.nyrp.org/

Company brief:

New York Restoration Project (NYRP) is a non-profit organization dedicated toreclaiming and restoring New York City parks, community gardens and open space.In partnership with the City of New York, NYRP is also leading MillionTreesNYC – aninitiative to plant and care for one million new trees throughout New York City’s fiveboroughs by 2017.

http://www.footprint-trust.co.uk/adoptgarden.html

Company brief:

The Adopt-A-Garden scheme was launched on the Isle of Wight in 2008 and is aninnovative idea, which seeks to bring together two types of people. The person whohas a garden they can no longer look after and the individual who wants a growingspace. The householder gets their garden looked after for free and the gardener getsa free allotment in return.

PRIOR ARTRESEARCHinternational organization

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PLANT IT 2020/Www.plantit2020.org/

Company brief:

Plant-It 2020 is a 501 (c)(3) nonprofit foundation that performs worldwide tree-planting at $1 per tree, donates fuel-efficient cooking stoves to needy families, andprovides forestry, soil, and biochar education. Their services not only help reforestthe world's cities and forests - they provide direct humanitarian aid by reducinghunger, thirst, malnutrition, poverty and indoor pollution while increasing thesustainability of not only the world's forests but also its people.

PRIOR ARTRESEARCHInternational organization

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PLANT A TREE INDIA

UNITED WAY MUMBAI

www.plantatreeindia.org

group of individuals, researchers, scientists, social activists who have joined handstogether on a mutually agreed harmonious mission to ‘Plant a Tree India’ for thenoble cause of conserving environment of the Mother Nature. As the deforestationpractices for the developmental cause has increased urbanization and the land haveno alternative but to be beaten in terms of forest cover. We are continuouslydestroying the harmony of nature which is adversely affecting human, wild life, forestand the ecological equilibrium on the earth.

Www.unitedwaymumbai.org

United Way Mumbai Helpline has designed several critical projects which have thecapacity to create a measurable and wide impact on a large cross section of Mumbai’s population. These projects would build the capacity of the citizen to thinkon their own and empower them by providing the information, resources, inspirationand direction required to address issues they feel strongly about. This will lead tocommunities caring for their own locality, their city and for the nation at large.

PRIOR ARTRESEARCHNational organization

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IDEOLOGY

Adopt a tree, Adopt a garden.

In today's busy buzzing life people have no time to spendquality time their loved ones. Available options for spendingtime together are also limited to sports, clubbing and eating. Wehave almost stopped spending time outdoors being close tonature. This may also be due to polluted environment andglobal warming and lack of “Green” areas.

Hence, an idea to promote plating trees and developing gardenof your own is being promoted through our idea.

COMPANYPROFILEIdeology

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SERVICES PROVIDED

Land for gardening (payable)

Trees according to species (payable)Plants (payable)Educate people about horticulture and taking care of their owngarden (free)Water and fertilizers (free)Online tracking and updating about the condition of their garden

(free)Weekend homes (payable)Weekend outing plans and packages (payable)

COMPANYPROFILEServices

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MerchandisingSale of vegetables, fruits produced from the gardens.Processed food itemsHand crafted customized products

Condition - 20% profit from this sale to be retained by theorganization

PromotionTax reduction schemesCollaboration with eco - friendly companies

Research and developmentHybrid variety of plantsExploring innovative methods to make natural products

Terms and conditionsThe maintenance of the garden will be done by the people owning itThe only way of leaving the membership will be gifting their garden to their loved onesThere will not be any kind of monetary selling of the garden

COMPANYPROFILEServices

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Service Marks are marks used by services identifying thesource of Service provided by Firm or Company or Individuals.These service marks are statutorily protected under The TradeMarks Act, 1999. The Services pertaining to the company are to

be protected by registration under the service mark “Planton”.This would be applicable on all the resources belonging to thecompany. i.e Logistics, uniforms of service providers e.t.c.SERVICE MARK

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Trademarks are required to be registered under the Trademark Act, 1999 with the name “Planton” for the merchandising of products. The products includeVegetables, fruits produced from the gardens.

Processed food itemsHybrid SeedsHand crafted customized productswhich are made out of the resources of the plants and trees inthe garden.

TRADEMARK

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The labels of the products of the company are to be unique andthe copyrights for labels need to be registered under theCopyright Act, 1957. This includes label specifications for theseeds packaging and other processed foods produced from the

plants and trees of the garden.COPYRIGHTS

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Research and Development department of the company wouldbe putting greater efforts in bringing up new and hybrids plantsthat yield high produce and environmental friendly. The hybridplants thus produced need to be protected by Seeds Act 1966,

Seeds Amendment Act, 1972 and Seeds Bill, 2004. Thecompany would be sole owner of the patents.PATENTS

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http://www.greenip.org/http://www.footprint-trust.co.uk/adoptgarden.html

http://www.footprint-trust.co.uk/adoptgarden.htmlhttp://www.plantit2020.org/http://www.plantatreeindia.org/associate-partners.htmlhttp://www.unitedwaymumbai.org/home.html

1. Integrating Intellectual Property Rights andDevelopment Policy- Agriculture & Genetic resources2. Intellectual Property Rights In Indian Agricultureby- Jayashree Watal(Indian Council for Research on International EconomicRelations)3. Intellectual Property Rights in Agriculture- NationalAcademy of Agricultural Sciences, India- 2003

REFERENCES

BIBLIOGRAPHY

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TRADEMARKREGISTRATIONFORM

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Documents

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