PPV & FR Act and Biodiversity Act

Presented by

Nishanth S

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

Milestones

Protection of Plant Varieties

TRIPS

After the implementation of WTO rulesand 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 tothe nation

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.

Breeders’ Rights

Researchers’ Rights

Farmers’ Rights

Streams merged to this act

The three streams merged to this PPV & FR act, 2001

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

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.

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.

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

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.

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.

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.

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

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

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

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.

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)

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.

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


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


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


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

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 feeThe authority shall notify the amount separately in the official Gazette.

II. Other charges

A. Registration Charges

1. For Extant Variety of common knowledgewhere 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

Reasoning

PlantBreeder’s

Right

EQUITY, ETHICS & PUBLIC INTEREST

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

Biodiversity in India

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.

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

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.

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.

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

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


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)


Non-official

(5)

Specialists and

scientists having

special knowledge

of, or experience in

Sustainable use of

biological

resources

Equitable sharing

of benefitsConservers, creators

& knowledge-

holders of biological

resources

Representatives of

industry

Conservation of

biological

resources

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.

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.

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.

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.

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.

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.

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.

Abbrevations

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

PPV & FR Act and Biodiversity Act

Education

Transcript of PPV & FR Act and Biodiversity Act