INTELLECTUAL PROPERTY RIGHTS(IPR)

PRESENTED BYPawan Nagar04-2690-2015M.sc. (Fruit Science)

HISTORY OF INTELLECTUAL PROPERTY RIGHTS IN INDIA

• 7th century- BC in Italy: Food recepies• 1474 in Venice: First law on patent• 1623 (UK): Act of proprietorship

India• 1856: Act of protection of inventions• 1948: Trademark protection • 1957: Indian copyright act• 1959: Indian Trade & Merchandise marks act• 1970: Indian patent Act

Intellectual Property• According to the World Intellectual Property

Organization (WIPO), the term 'Intellectual Property' indicates the legal rights resulting from intellectual activity in the fields of science, industry, literature and art.

• Problems with intellectual property :– copiedImitiated or reproduced

Intellectual property rights

• The right of an inventor to drive economic benefits from his invention

• it is recognised by the government so long as it is not to the detriment of the society

Main forms of IPR

Patents

Copyrights

Trade secretes

Plant breeders’ rights

Patents Rights granted by a government to an

inventor to exclude others from imitiating, manufacturing ,using or selling the invention in question for commercial use during the specified period (20 yrs from date of filing)

Patents are granted for • Invention• Innovation

• Process/ product of an invention • ConceptRequirement for grant of Patent :- novelityInventivenessIndustrial application and usefulnessPatentabilityDisclosure

Copyright

• Copyright is a set of exclusive rights granted by the law of a jurisdiction -to the author or creator of an original work, including the right to copy, distribute and adapt the work.

• Ideas or concepts do not have copyright protection• Copyright protects the expression of the idea, but

not the ideas themselves• Copyright protection applies for a specific period of

time, after which the work is said to enter the public domain

Trade secrets• When an organisation owning an intellectual

property does not disclose the property to any one and keeps it as closly guarded secret- to promote his business interest

• Unlimited duration• No need to fill application• No chance for other for improvement upon

the product

Plant breeder’s right• Right of a breeder to regulate production and

marketing of his variety for a period of 15-20 yrsFeatures:• For cultivated plant species• Protect the variety not standard breeding procedure • It also contains some breeders exemptions and

farmers privilege • Laws 1st framed in 1961 by UPOV, revised 1972,1978

and 1991

UPOV (International union for protection of new plant varieties)

• Inter governmental organization with headquarters in Geneva, Switzerland.

• Established by the International Convention for the Protection of New Varieties of Plants

• The Convention was adopted in Paris in 1961 and revised in 1972, 1978 and 1991

• The objective of the Convention is the protection of new varieties of plants by an intellectual property right

For plant breeders' rights to be granted, the new variety must meet four criteria under the rules established by UPOV

Novel: Should not have been offered for sale before one year from date of filing of application(INDIA)

• 6 years in case of trees and vines(OUTSIDE INDIA) other case-4 year.

Distinct: Should be clearly distinguishable from any other variety by at least one essential characteristic .

Uniform: Should be sufficiently uniform in its essential characteristics.

Stable: Essential characteristics should remain unchanged after repeated propagation .

Extent of protection by PBR• To produce, Sell ,Market , Distribute becomes

the exclusive right of the holder of PBR title• A grower may be allowed to reserve a portion

of his harvest for use as seeds for his own next crop without permission of PBR title holder- FARMERS EXEMPTION

• Exchange of propagating material of different cultivars between farmers is not allowed

• Period of protection-20 yrs

• Use of propagating material for a protected cultivar for scientific purpose does not require permission of PBR title holder

• Use of protected cultivar for creation of genetic variability does not require permission of PBR title holder

• PBR protection does not cover breeding methods• PBR covers new variety but does not protect the

parents of the variety except in case of hybrid varieties

Advantages of PBR

• Incentive to breeders• Fast development of seed industry• Improvement of quality• Procurement of good material• Enrichment of genetic resources

Disadvantages of PBR

• Exploitation• Increase cost of seed• Encourage unhealthy practice• Reduction in genetic diversity• Ban on use of own seed

BREEDERS EXEMPTION

Under PBR regime,use of the material of a protected variety for the development of a new variety is exempted from protection

The PBR of these new varieties will be of the breeder who develop them ,and the holder of the PBR title of the initial variety will have no claim to it.

FARMERS PRIVILEDGE

• PBR system allows the farmers to use the materials of a protected variety produced on their farm for planting of their new crop without any obligations to the PBR title holder. This exemption is called farmers priviledge

FARMERS RIGHTS It has been argued that the farmers should be

allowed to share in the profit in recognisation of their contribution by way of the development of germplasms of the various crop .

This has been recognignise by FAO as farmers rights ,which arise from the past present and future contribution of farmer in conserving,improving and making available plant genetic resources ,particularly in the centers of origin /diversity.

PROTECTION OF PLANT VARIETIES AND FAMER’S RIGHT ACT 2001(PPVFR)

• Passed –august 9,2001 by lok sabha• Aim for the establishment of an effective system

for-1. protection of plant varieties2. Protect rights of farmers and plant breeders3. Encourage the development of new varieties

of plants

• PPVFRA was established (section 3 of the PPVFR Act) during 2005.

• Initially,authority started receiving applications for Registration of Varieties of 12 notified crop species from 21st May, 2007.

• India is the first country to passed legislation granting Farmers' Rights in the form of the PPVFR.

Main objectives of PPVFR ActTo recognize and protect the rights of the farmers for their

contributions

To encourage the development of new varieties

To stimulate research and development both by public as

well as private sectorTo facilitate the growth of the

seed industry to ensure the availability quality seeds

General Functions of the PPVFRA

• Registration of new plant varieties, essentially derived varieties (EDV) and extant varieties

• Developing DUS (Distinctiveness, Uniformity and Stability) test guidelines for new plant species

• Developing characterization and documentation of registered varieties

• Compulsory cataloging facilities for all variety of plants

• Documentation, indexing and cataloguing of farmers' varieties

• Recognizing and rewarding farmers, community of farmers.

• Maintenance of the National Register of Plant Varieties and

• Maintenance of National Gene Bank

What can be registered under PPVFR?

• New varieties• Extant varieties• Farmers’ varieties• Essentially derived varieties (EDV)

1.ESSENTIALLY DERIVED VARIETY• A variety predominantly derived from the essential variety• which retains the expression of the essential

characteristics from the genotype or combination of genotypes of the initial variety

• Do not exhibit any important(distinct features) that differentiate it from other variety

• A variety produced by –mutation, backcross, integration by genetic transformation of a “ single gene” will be considered as an essentially derived variety

• Will be protected under PBR title granted to the initial variety

– 2)Extant variety Notified under section 5 of seeds act (1966) A variety about which there is common knowledge Which is in public domain (longer time)

• 3) Farmer’s variety Traditionally cultivated and evolved by farmer Land race or wild relatives

• 4) New variety Not in public domain earlier than one year before the

date of filing.– (4 years in case of trees and vines)

What can not be registered under PPVFR?

• Prevention of commercial exploitation of those variety which is necessary to protect public morality to human, animal and plant health and cause harm full effect to environment.

• Species involving any technology viz., Genetic use restriction technology (GURT) or Terminator Gene Technology.

REFERENCE

• Plant Breeding Principles and Methods-B.D.Singh

• Internet