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R.K. TRIVEDI

Registrar

Presentation in APSA-UPOV Seminar at Hyderabad on

9th November, 2008

Current situation of Plant Variety Protection legislation in India

(SAVING OF SEED BY FARMERS)

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GOALS OF PPV&FR Act, 2001

� To encourage the development of new

varieties.

� To protect Plant Breeders’ Rights (PBR).

� To stimulate the growth of seed industry.

� To recognize and protect rights of

farmers.

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The PPV&FRA 2001, covers all

plants except micro organism

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The three streams that merge to the PPV&FR Act, 2001

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Registration of Plant VarietiesPPV & FR AUTHORITY

REGISTRATION OF

PLANT VARIETIES

Farmers’ Rights

Gene Fund

National Gene Bank

Benefit Sharing

Compensation to Farmer’s

Compulsory License

TribunalInfringements, Offences & Penalties

Breeders’ RightsResearchers Rights

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VARIETIES ELIGIBLE FOR

PROTECTION

• New

Variety notified under Seed Act, 1966

Variety of common knowledge

Public Domain

Farmers’ Variety

* EDV

•Extant

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Criteria for Registration• A new variety shall be registered for breeder’s right if it conforms to the criteria of

(i) Novelty

(ii) Distinctiveness

(iii) Uniformity

(iv) Stability

• The variety should also has a denomination in accordance with the provisions of PPV&FR Act, 2001.

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PERIOD OF PROTECTION

• 18 years for trees and vines.

• 15 years for other crops.

• Certificate of registration will be reviewed and renewed after six years for annual crops and nine years for perennial crops.

• Breeder to deposit seeds or propagating material in National Gene Bank for entire protection period.

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Other Provisions under the Act

� Convention Country and Reciprocity � Community Rights.� Gene fund.� Plant Varieties Protection Appellate Tribunal.

� Infringement.� Penal Provisions.� Compulsory License.

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Implementation of Act

�Registration for 12 crops species namely Rice, Bread wheat, Maize, Sorghum, Pearlmillet, Chickpea, Green gram (Mungbean), Black gram (Urdbean), Field pea/Garden pea, Kidney bean/French bean (Rajmash), Lentil, Pigeon pea was started from 21st May, 2007.

� Specific DUS test guidelines for Cotton and Jute were published and released in December, 2007.

� Registration for 6 species of 2 more crops namely Cotton and Jute was started from 1st April, 2008.

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�So far 914 applications have been received for Registration out of which 207 are New , 702 Extant and 5 are Farmers Variety.� The total numbers of applications received from ICAR are 552, private sector 337, SAUs’227 and Farmers 5.� 58 new varieties were send for DUS testing.� 175 Extant Varieties notified under seed Act 1966 have been recommended by EVRC for registration. Before registration they are being published in PVJI for seeking opposition if any from interested persons.

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�National Gene Bank of the Authority was established in the designated space provided by the NBPGR.�Database named as INDUS and NORV have been developed by the Authority for varieties notified under the seed Act based on DUS characteristics�7 Task Force fon finalizing DUS guidelines for Fruit crops, Vegetable crops, Tea, Coffee and Rubber, Ornamental plants, Medicinal and Aromatic plants, Spices and Tuber crops were established.�5 farmers Community were organized and awarded with a certificate of Plant Genome Savior Community recognition for conserving Plant Genetic resources used for development of New Varieties.

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• Farmers’ Variety can also be registered as an extant variety.• A farmer can save, use, sow, exchange, share or sell his farm produce including seed of a variety protected under the PPV&FR Act, 2001 in the same manner as he was entitled before the coming into force of this Act provided the farmer shall not be entitled to sell branded seed of a variety protected under the PPV&FR Act, 2001.

• Farmers’ who conserve Genetic Resources of Land races and wild relatives of economic plants shall be rewarded from the “Gene Fund”.

• There is also a provision for compensation to the farmers for non-performance of variety under Section 39 (2) of the Act, 2001.

• Exempted from all fees.

Farmers' Right

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SAVING OF SEED BY FARMERS• The majority of our farmers are small or marginal and are engaged in subsistence farming.

• Total seed distributed by organized sector is about 155 lakh Quintal (1.55 Million Tonnes)

• The total seed requirement is around 1100 lakh Quintal (11 Million Tonnes).

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• About 80% of total seed requirement is met both through unorganized seed sector and by farm saved seed.

• Total seed market in India is around Rs. 12,000/- Cr. (US$2,400 Million)

• By 2015 it is expected to touch Rs. 20,000/- Cr. (US$4,000 Million).

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Farmers’ Rights – why?

• Joint land holding-sharing of seed• Tribal farming community –Barter (exchange) system.

• Contract seed growers- sale of harvested products but not branded seeds.

• Farmers' also take seed production for seed Companies which is one or other way subsidized by way of reduced price of seed, fertilizers etc. Thus, the cost of seed production is reduced. Saving of seed by farmers for sowing will not affect commercial interest of the breeder.

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Can farmers’ brand sell seed?

• The PPV & FR Authority prohibits farmers from branding, bagging and selling of registered seed which they might have multiplied in their farm without the approval of the rights holder.

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Many provisions of the PPV&FR Act 2001 have been implemented and their impact on Indian Agriculture has started appearing by way of overwhelming response from the seed industry for filling large number of applications to PPV&FR Authority for granting of IPR.

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Thanks