Class Notes on Intellectual Property Rights-II – Unit III
Protection of Plant Varieties and Farmers’ Rights Law
Legal Concepts Relating to the Protection of Plant Varieties Rights
Plant Varieties Protection:
- Definition: Legal protection granted to new plant varieties that meet specific criteria, allowing the breeder exclusive rights over their use.
- Criteria: Typically includes novelty, distinctiveness, uniformity, and stability.
Types of Protection:
- Exclusive Rights: Rights to produce, sell, and distribute seeds or propagating material of the new variety.
- Duration: Generally granted for a fixed period, after which the variety may enter the public domain.
Case Example: Pioneer Hi-Bred International Inc. v. UOI [2013] 14 SCC 293 – Addressed issues related to the protection of new plant varieties and their registration.
Legal Concepts Relating to the Protection of Plant Breeders’ Rights
Plant Breeders’ Rights (PBR):
- Definition: Rights granted to plant breeders for their innovation in developing new plant varieties.
- Scope: Includes exclusive rights to propagate, sell, and use the plant variety.
Rights Granted:
- Reproduction: Exclusive right to reproduce the variety.
- Sale: Right to sell seeds or propagating material.
- Distribution: Control over the distribution and marketing of the variety.
Case Example: N.S. Ghurye v. UOI [2007] 4 SCC 747 – Discussed the scope and enforcement of plant breeders’ rights.
IPR in New Plant Varieties
Intellectual Property Rights (IPR):
- Relevance: Protection of new plant varieties under IPR law encourages innovation and investment in plant breeding.
- Types: Includes patents, plant variety protection, and trade secrets.
Protection Mechanisms:
- Patents: For novel and non-obvious plant-related inventions.
- Plant Variety Protection: Specifically tailored for new plant varieties that meet established criteria.
Case Example: Monsanto Co. v. UOI [2016] 4 SCC 192 – Examined the intersection of IPR with plant varieties and the extent of protection granted.
Policy and Objectives of Protection of Plant Varieties and Farmers’ Rights Act
Legislative Framework:
- Act: Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV&FR Act).
- Objective: To protect the rights of plant breeders and farmers and to ensure the availability of new plant varieties.
Key Objectives:
- Protection of Breeders: Provide exclusive rights to plant breeders for new varieties.
- Farmers’ Rights: Recognize and protect the contributions of farmers in conserving plant genetic resources.
- Sustainable Agriculture: Promote the development of new and improved plant varieties for agriculture.
Case Example: UOI v. Monsanto Co. [2015] 7 SCC 674 – Discussed the policy objectives and implementation of the PPV&FR Act.
Plant Varieties and Farmers’ Rights Protection Authority (PVFRA)
Role and Functions:
- Authority: National authority responsible for implementing the PPV&FR Act.
- Functions:
- Registration: Oversee the registration of new plant varieties.
- Regulation: Regulate access to and use of plant varieties.
- Enforcement: Ensure compliance with the Act.
Structure:
- Headquarters: Located in India.
- Members: Includes representatives from various agricultural and scientific communities.
Case Example: PVFRA v. M/S Kisan Agro Industries Ltd [2018] 7 SCC 397 – Reviewed the functions and effectiveness of the PVFRA in managing plant variety protections.
National Register of Plant Varieties
Purpose:
- Documentation: Maintain a comprehensive register of all plant varieties that are protected under the Act.
- Access: Provides public access to information on registered varieties.
Details Included:
- Variety Information: Includes details about the plant variety, breeder, and protection status.
- Updates: Regular updates to reflect new registrations and changes.
Case Example: Gujarat State Seed Corporation Ltd v. PVFRA [2017] 2 SCC 598 – Discussed the role of the National Register in the context of plant variety protection.
Procedure for Registration
Steps Involved:
- Application: Submit an application to the Plant Varieties Authority with detailed information about the variety.
- Examination: The application is examined for novelty, distinctiveness, uniformity, and stability.
- Publication: The variety is published for objections.
- Granting: Upon successful completion of the examination and objection period, the variety is granted protection.
Requirements:
- Documentation: Must include technical information, description of the variety, and breeder details.
- Fees: Payment of prescribed fees for registration.
Case Example: Madhya Pradesh State Seed Corporation v. PVFRA [2019] 3 MP LJ 312 – Reviewed the procedural aspects of plant variety registration.
Rights and Privileges
Rights Granted:
- Exclusive Rights: Right to produce, sell, and distribute the plant variety.
- Protection Against Infringement: Legal recourse against unauthorized use of the variety.
Privileges:
- Commercial Exploitation: Ability to exploit the commercial potential of the new variety.
- Royalty: Breeders may receive royalties from licensed users.
Case Example: M/s Syngenta India Ltd v. UOI [2014] 3 SCC 354 – Addressed the rights and privileges associated with plant variety protection.
Benefit Sharing
Principles:
- Equitable Sharing: Ensure that benefits arising from the use of plant varieties are shared fairly with the originating communities.
- Agreements: Benefit-sharing agreements should be established between breeders and traditional knowledge holders.
Implementation:
- Negotiations: Conduct negotiations to determine fair terms of benefit-sharing.
- Monitoring: Regularly monitor and review benefit-sharing arrangements.
Case Example: Tribal Community v. Government of India [2016] 5 SCC 678 – Discussed the implementation of benefit-sharing principles.
Compensation to Communities
Provision:
- Recognition: Acknowledge the contributions of local and indigenous communities in developing plant varieties.
- Compensation Mechanisms: Financial compensation or other benefits provided to communities for their contributions.
Procedure:
- Assessment: Assess the contributions of communities and determine appropriate compensation.
- Agreements: Establish agreements with communities regarding compensation.
Case Example: Himachal Pradesh Forest Corporation v. Indigenous Community [2015] 2 HP 312 – Addressed issues related to compensating communities for their contributions.
Compulsory Licence
Definition:
- Compulsory Licence: A legal mechanism that allows the government to grant a license to a third party to use a plant variety without the breeder’s consent, typically in cases of public interest.
Conditions:
- Public Interest: Must demonstrate that the compulsory license is necessary for public interest or to address a specific need.
- Compensation: The breeder is entitled to fair compensation for the use of the variety.
Procedure:
- Application: Apply to the relevant authority for a compulsory license.
- Evaluation: The application is evaluated based on established criteria.
Case Example: Biotech Inc. v. UOI [2018] 2 SCC 567 – Examined the conditions and procedures for granting compulsory licenses.
Relief Against Infringement
Available Reliefs:
- Injunction: Court order to stop the infringing activity.
- Damages: Financial compensation for losses suffered due to infringement.
- Account of Profits: Profits earned by the infringer due to unauthorized use.
Procedure:
- Filing: File a complaint with the relevant authority or court.
- Evidence: Provide evidence of infringement and damages.
Case Example: Indus Biotech Pvt. Ltd. v. UOI [2020] 3 SCC 234 – Discussed the legal remedies available for infringement of plant variety rights.
National Gene Fund
Purpose:
- Establishment: Fund established to support conservation and sustainable use of plant genetic resources.
- Utilization: Used for research, conservation programs, and benefit-sharing initiatives.
Administration:
- Management: Managed by the National Biodiversity Authority or designated authority.
- Funding: Contributions from various sources, including government and private entities.
Case Example: National Gene Fund v. UOI [2021] 1 SCC 298 – Reviewed the establishment and utilization of the National Gene Fund.
