PROTECTION OF PLANT VARIETIES AT CROSSROADS INTRODUCTION
Keywords:
.Abstract
Agriculture proves to be a stimulating arena to venture in perspective of the intellectual property rights as the last couple of decades witnessed many significant developments in laws and policies related to it. The alarming situation of food scarcity has brought forth the necessity of efforts in food production; quantity as well as quality wise. These efforts to ensure food security raises the demand of relevant knowledge related to enhanced agricultural production to be available in public domain.
References
This paper has been presented & accepted at the NATIONAL CONFERENCE ON “REFORMS IN THE INDIAN PATENT LAW” organized by the MHRD, Chair on Intellectual Property Laws & The National Law Institute University, Bhopal (4th – 6th March, 2014)
The International Union for the Protection of New Varieties of Plants (UPOV) Convention ,1961 defines a plant variety by stating that it is "a plant grouping within a single botanical taxon of the lowest known rank, ..." This confirms that a plant variety results from the lowest sub-division of the species. However, to understand more completely what a plant variety is, the UPOV Convention (Article 1(vi)) defines it as: "a plant grouping within a single botanical taxon of the lowest known rank, which grouping, irrespective of whether the conditions for the grant of a breeder's right are fully met, can be
- defined by the expression of the characteristics resulting from a given genotype or combination of genotypes,
- distinguished from any other plant grouping by the expression of at least one of the said characteristics and
- considered as a unit with regard to its suitability for being propagated unchanged;" available at: <http://www.upov.int/about/en/upov_system.html#what_is_a_pv> last visited on 12th November 2013.
Article 27(3)Members may also exclude from patentability:
(b) plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, Members shall provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. The provisions of this subparagraph shall be reviewed four years after the date of entry into force of the WTO Agreement. Available at: < http://www.wto.org/english/docs_e/legal_e/27-trips_04c_e.htm> last visited on 12th November 2013.
LUSHINGTON, KAYE, THE REGISTRATION OF PLANT VARIETIES BY FARMERS IN INDIA: A STATUS REPORT, REVIEW OF AGRARIAN STUDIES, Available at: <http://www.ras.org.in/index.php?Abstract=the_registration_of_plant_varieties_by_farmers_in_india> last visited on 17th February, 2014
Till 01st February 2014, Available at: last visited on 17th February 2014
The Protection of Plant Varieties and Farmers’ Rights Act, 2001
The term "Utility Patent" is used to distinguish between patents and other specific forms of intellectual property claims that exist in some jurisdictions, "Plant/Petty/Innovation Patents". Utility patents in the United States are comparable to the standard patents that are awarded both in Australia (under the Patents Act (1990)) and in Europe.
Diamond v. Chakrabarty (1980) 447 US 303
U.S.C. 101
U.S.C. 161
Patentability Requirements:Novelty, Non-obviousness or Inventive step, Usefulness(US) or Industrial applicability(Europe, Australia), enablement, claim clarity, written description, best mode(US)
Available at: <http://www.patentlens.net/daisy/bios/1234> last visited on 20th February, 2014
U.S. Code § 2321-2582
Section 15(1) of the PPV&FR Act, 2001
The Seeds Act, 1966, Bill 54 of 1966, Ministry of Agriculture, Government of India
Including farmer’s varieties
PPV & FR Act, 2001, Section-15(3)(a)
Id, Section-15(3)(b)
Id, Section-15(3)(c)
Id, Section-15(3)(d)
Id, Section-28(1)
Genetic Use Restriction Technology (GURT)
i.e. the planting material of the variety
Bala Ravi, S. Effectiveness of Indian Sui Generis Law on Plant Variety Protection and its Potential to Attract Private Investment in Crop Improvement, JIPR, pp 533-548, volume 9, November, 2004
Section 28(1), PPV&FR Act, 2001
Ibid, Section 43
Section 3(j) INDIAN PATENTS ACT, 1970 ‘The following are not inventions within the meaning of this Act,—plants and animals in whole or any part thereof other than micro organisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals
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