WEBVTT Kind: captions Language: en 00:00:28.199 --> 00:00:35.600 Hello all, welcome back to our session in the Module 2 .So, in today's discussion we 00:00:35.600 --> 00:00:42.440 would be dealing with some aspects of the Plant Biotechnology in particular and IPR 00:00:42.440 --> 00:00:47.230 issues with respect to plant biotechnologically derived product. 00:00:47.230 --> 00:00:54.000 So, in earlier classes we have been discussing about the various IPR challenges particularly 00:00:54.000 --> 00:01:01.379 with respect to patents and how the various product or components of these plants or animal 00:01:01.379 --> 00:01:07.830 cells when it is isolated or when it is in existing in different forms those issues the 00:01:07.830 --> 00:01:11.700 legal prospective, the ethical perspective as well as certain technical aspects from 00:01:11.700 --> 00:01:14.420 the angle of patent we have discuss so far. 00:01:14.420 --> 00:01:21.250 But when it comes to plant biotechnology so the plant biotechnology may be utilized for 00:01:21.250 --> 00:01:29.420 the production of new variety of the plants as well as certain metabolites or even pharmaceuticals 00:01:29.420 --> 00:01:34.799 which may have been derived from any plant extract or any plant component. 00:01:34.799 --> 00:01:40.909 So, there are various products which may which may be generated from the plant biotechnological 00:01:40.909 --> 00:01:49.249 process like the animal one, but while the inventions respect to the animal components 00:01:49.249 --> 00:01:55.609 using the biotechnological product has been majorly protected by the patent in the intellectual 00:01:55.609 --> 00:01:56.950 property arena. 00:01:56.950 --> 00:02:03.170 In case of the plant based innovations patent is not the single option we have other options 00:02:03.170 --> 00:02:10.160 as well through which the plant biotechnological product particularly new variety of the plants 00:02:10.160 --> 00:02:11.760 may be protected. 00:02:11.760 --> 00:02:20.730 So, that is a complicated circle of issues which needs to be understood from from a general 00:02:20.730 --> 00:02:21.730 perspective. 00:02:21.730 --> 00:02:27.040 So, in today's class I would be basically covering some aspects of the challenges with 00:02:27.040 --> 00:02:32.590 respect to protecting the plant based innovations and what are the existing international legal 00:02:32.590 --> 00:02:40.090 regulations to protect plant based innovations and what why those regulations are required 00:02:40.090 --> 00:02:45.340 and coming to India what is the current status for the protection of the plant varieties 00:02:45.340 --> 00:02:47.750 in India. 00:02:47.750 --> 00:02:57.290 So, if we have a look into the plant biotechnological industry there are majorly two challenges, 00:02:57.290 --> 00:03:03.260 first one the plant biotech industry is highly concentrated industry. 00:03:03.260 --> 00:03:09.989 Like if you will find if you will search you will find a very hand pick number of plant 00:03:09.989 --> 00:03:15.440 biotechnological based company who are into the domain of say development or the new plant 00:03:15.440 --> 00:03:19.060 development compared to the other sector of the biotechnology. 00:03:19.060 --> 00:03:25.239 So, there are few multinational companies like Monsanto, Du point they are dominating 00:03:25.239 --> 00:03:33.909 the market and main majority of the instances it has been seen that since there are few 00:03:33.909 --> 00:03:41.140 dominant players they many a times indulge in the abusive business practices or the anti-competitive 00:03:41.140 --> 00:03:43.020 practices. 00:03:43.020 --> 00:03:50.689 And somehow the the companies keep on merging with each other or entering into some sort 00:03:50.689 --> 00:03:52.560 of the agreement within each other. 00:03:52.560 --> 00:04:00.060 And that is also a reason why there is a decline in the entry of new firms into this industry. 00:04:00.060 --> 00:04:06.640 The second challenge which is from the regulatory point of view is that the plant biotech industry 00:04:06.640 --> 00:04:13.930 is again highly regulated industry there are ethical concerns like the 'consumers' opposition 00:04:13.930 --> 00:04:15.930 towards the genetically modified food. 00:04:15.930 --> 00:04:21.280 So, depending on the country of the origin if you see there are many instances where 00:04:21.280 --> 00:04:26.020 in European Union they genetically modified crops have not been allowed to be produced. 00:04:26.020 --> 00:04:30.960 In India so far only we have one genetically modified plant that is the BT cotton which 00:04:30.960 --> 00:04:36.139 has been which has been given approval for commercialization. 00:04:36.139 --> 00:04:42.870 So, there are lot of opposition and challenges to it, because there are fear for the environmental 00:04:42.870 --> 00:04:48.470 hazards, the unknown effects of the genetically modified plants with respect to our environment 00:04:48.470 --> 00:04:55.160 or the other ecological factors which are associated with the plant. 00:04:55.160 --> 00:05:05.100 And then the government also sometimes adopt stringent regulatory mechanisms to control 00:05:05.100 --> 00:05:10.220 these genetically engineered crops means in order to mitigate all the safety or other 00:05:10.220 --> 00:05:11.220 concerns. 00:05:11.220 --> 00:05:17.620 So, definitely it is the governments prerogative to control these things. 00:05:17.620 --> 00:05:23.220 And like in certain cases we have instances where the GM crops have been banned also. 00:05:23.220 --> 00:05:29.840 So, under certain under these kind of circumstances as we said the industry dimension as well 00:05:29.840 --> 00:05:37.090 as the regulatory dimension it becomes again we we again come back to the concept where 00:05:37.090 --> 00:05:44.200 we need the protection for the innovation in this domain and for that people or stakeholders 00:05:44.200 --> 00:05:46.340 have adopted the different IP measures. 00:05:46.340 --> 00:05:54.151 So, there is in in this case different forms of IPR also relevant like patents, yes if 00:05:54.151 --> 00:05:58.410 it is a new product or a process which is derived through the plant biotechnological 00:05:58.410 --> 00:06:00.880 process it may definitely be a patented. 00:06:00.880 --> 00:06:07.570 If it meets the required quality of the or the criteria of novelty, non obviousness and 00:06:07.570 --> 00:06:15.220 industrial applicability , but again in many a country in many countries the plant varieties 00:06:15.220 --> 00:06:23.150 new plant varieties cannot be protected through the patent mechanism because it is not allowed 00:06:23.150 --> 00:06:28.360 whole plants or animals are not allowed to be protected through patents in countries 00:06:28.360 --> 00:06:32.490 like India and Europe and there are other countries as well. 00:06:32.490 --> 00:06:37.800 So, in those case there we have other option call the plant variety protection, it is also 00:06:37.800 --> 00:06:40.750 another form of the intellectual property right. 00:06:40.750 --> 00:06:47.160 And if you see the country like United States they are they have different mechanisms like 00:06:47.160 --> 00:06:51.470 they have the mechanism for the plant patents which is a patent system particularly for 00:06:51.470 --> 00:06:56.250 the plants also they have the normal patent system which is known as the utility patent 00:06:56.250 --> 00:07:03.020 system through which a plant biotechnology based invention can be protected or or also 00:07:03.020 --> 00:07:05.800 we have this plant variety protection. 00:07:05.800 --> 00:07:11.630 So, this is a chart which I got from one of the guidance document from the University 00:07:11.630 --> 00:07:13.750 of Tennassee I thought of sharing this with you. 00:07:13.750 --> 00:07:19.790 So, there they have compared the different types of intellectual property protection 00:07:19.790 --> 00:07:24.770 and what is how they are different in case of the plant biotechnology. 00:07:24.770 --> 00:07:30.700 So, for example, in case of the plant patents which is one of the earlier system for the 00:07:30.700 --> 00:07:34.420 protection of the the plant varieties in 1930s. 00:07:34.420 --> 00:07:43.920 So, here the domain of the protection remains constricted to the asexually propagated plants 00:07:43.920 --> 00:07:45.800 except the tubers. 00:07:45.800 --> 00:07:49.990 You have to understand like tubers like potatoes and other sweet potatoes variety those are 00:07:49.990 --> 00:07:53.690 the kind of a staple food used in those countries as well. 00:07:53.690 --> 00:07:59.740 So, those products are kept out of the purview of this plant patents. 00:07:59.740 --> 00:08:06.650 So, once the patent as the concept of patent is a monopoly right which is given for a defined 00:08:06.650 --> 00:08:13.520 period of time that is 20 years, within that 20 years generally the patent patented articles 00:08:13.520 --> 00:08:18.190 or patented products are not allowed to be used by the others. 00:08:18.190 --> 00:08:25.310 But sometimes we have certain exemptions called research exemptions where the other innovators 00:08:25.310 --> 00:08:31.060 can use that inventions for their research purposes or academic purposes, but in case 00:08:31.060 --> 00:08:39.320 of the plant patents again we do not have really the permission to use the patented 00:08:39.320 --> 00:08:43.360 plants into the breeding or the research program while developing a commercial variety. 00:08:43.360 --> 00:08:50.399 Till research is ok, but whenever you are going to develop a variety or using the existing 00:08:50.399 --> 00:08:55.120 plant species that is not allowed. 00:08:55.120 --> 00:09:01.930 And similarly, now for like the third point, can the plant be reproduced sexually for the 00:09:01.930 --> 00:09:02.930 distribution? 00:09:02.930 --> 00:09:07.800 If if you have the right yes once you buy the plant then you have the right to again 00:09:07.800 --> 00:09:13.630 sexual produce that thing, but again for commercial purposes like if you want to sell that same 00:09:13.630 --> 00:09:19.260 variety in terms of brand in that same brand name or the same patent it may not be possible. 00:09:19.260 --> 00:09:26.060 Then again whether the grower can save the seed after the first generation has been grown. 00:09:26.060 --> 00:09:33.250 Yes, you can save the seed, but again there is a risk for the infringement if the next 00:09:33.250 --> 00:09:37.310 generation is similar to the parent plants and if they are because in many a times once 00:09:37.310 --> 00:09:43.900 the seed has been patented it is only used the companies mended that that can be used 00:09:43.900 --> 00:09:48.800 only for the first generation or you cannot save and re sow the seed. 00:09:48.800 --> 00:09:56.120 So, this is the issues with respect to plant patent and even the utility patents also you 00:09:56.120 --> 00:10:04.200 cannot like if it is a plant or the technology if you cannot really use the technology for 00:10:04.200 --> 00:10:10.340 producing the other things without the permission of the patent holder. 00:10:10.340 --> 00:10:14.480 The plant variety protection is little bit different from the plant patents in terms 00:10:14.480 --> 00:10:20.630 it is it includes all the new varieties of the plants or the seed tubers as well as the 00:10:20.630 --> 00:10:22.620 asexually propagated plants. 00:10:22.620 --> 00:10:29.940 And here there are research exemption, but yes, you cannot market the F 1 variety or 00:10:29.940 --> 00:10:35.480 the first generation of the new variety which has been produced by a cross of the genetically 00:10:35.480 --> 00:10:37.960 modified plant with the another plant. 00:10:37.960 --> 00:10:44.220 So, those F 1 direct varieties cannot be commercialized without the permission of the parent plant 00:10:44.220 --> 00:10:50.680 patent holder or plant variety protect the authorized registered user of that plant variety. 00:10:50.680 --> 00:10:57.180 So, they are exist lot of variation between these two between the three things, if I will 00:10:57.180 --> 00:11:00.070 just give you some example to just clarify it. 00:11:00.070 --> 00:11:08.170 For example there is a person who works in a particular nursery and he wants to his maybe 00:11:08.170 --> 00:11:14.740 by mistake or deliberately he like his steals some kind of a new plant variety which is 00:11:14.740 --> 00:11:22.240 protected by a patent and then he tries to re cultivate that plant or asexually propagate 00:11:22.240 --> 00:11:27.660 that plant or anyway by any method and then tries to sale that. 00:11:27.660 --> 00:11:34.230 If the company knows that the original patent holder knows that the person is now selling 00:11:34.230 --> 00:11:40.120 the same variety of the plant, because it may be examined scientifically if it can be 00:11:40.120 --> 00:11:45.690 proved that the both the thing are same means the unauthorized selling of that thing and 00:11:45.690 --> 00:11:53.779 the real patented plant then in that case the person is liable for infringement. 00:11:53.779 --> 00:11:59.500 And sometimes like if someone is buying tissue cultured derived plant and where there is 00:11:59.500 --> 00:12:04.790 no information whether or not that plant is that thing is protected under the patent or 00:12:04.790 --> 00:12:06.740 any other intellectual property right. 00:12:06.740 --> 00:12:12.570 And if someone again re propagates it or tries to develop seedlings from there and up shoots 00:12:12.570 --> 00:12:16.440 from there and tries to resell it then it might be also a problem. 00:12:16.440 --> 00:12:22.110 Even though you have utilized your labour or you did not know that in information, but 00:12:22.110 --> 00:12:28.850 if you once receive any objection from the parent company saying that you are not suppose 00:12:28.850 --> 00:12:34.110 to do this because this is covered under a patent or a plant variety protection, then 00:12:34.110 --> 00:12:39.800 as a consumer also you may not be able to use that variety for commercial purpose. 00:12:39.800 --> 00:12:42.850 Yes, for personal use you have bought it definitely you can use. 00:12:42.850 --> 00:12:50.980 So, in the last class also we discuss the case regarding this Monsanto where in one 00:12:50.980 --> 00:12:58.600 of the cases the person tried he bought the seeds which which is generally which are generally 00:12:58.600 --> 00:13:04.170 used for animal feed, but now he tried to use that as a seed for going plant and he 00:13:04.170 --> 00:13:06.220 claimed the exhaustion doctrine. 00:13:06.220 --> 00:13:10.850 But there it was this the court also denied that in case of these kind of articles the 00:13:10.850 --> 00:13:14.130 exhaustion doctrine cannot be applicable. 00:13:14.130 --> 00:13:22.200 So, like patent in case of technical inventions in other area in case of the plant related 00:13:22.200 --> 00:13:28.580 inventions also patents are a strong deterrent, but it the problem remains for the country 00:13:28.580 --> 00:13:34.480 where they do not recognize the patent system for the new varieties of the plant like in 00:13:34.480 --> 00:13:36.070 India. 00:13:36.070 --> 00:13:43.490 So, why there is so much of variation among the countries when it comes to the plant, 00:13:43.490 --> 00:13:50.290 as you know any countries patent policy or IP policy is basically designed on the countries 00:13:50.290 --> 00:13:55.170 dynamic what will benefit to the country as a whole. 00:13:55.170 --> 00:14:00.910 So, we have our TRIPs agreement that is the Trade Related aspect of Intellectual Property 00:14:00.910 --> 00:14:01.910 System. 00:14:01.910 --> 00:14:08.850 So, it is a like this TRIPs agreement is identified under this WTO. 00:14:08.850 --> 00:14:11.580 So, what is this TRIPs agreement? 00:14:11.580 --> 00:14:17.589 The TRIPs agreement is a kind of like first of it is kind of international agreement where 00:14:17.589 --> 00:14:23.600 it lays down the basic 'minimum standards' for the protection of the intellectual property, 00:14:23.600 --> 00:14:28.010 different aspect of the intellectual property not only patents, copyrights, trademarks all 00:14:28.010 --> 00:14:31.910 the forms of the intellectual property rights are covered under the TRIPs agreement. 00:14:31.910 --> 00:14:40.180 So, in 1995 the TRIPs the TRIPs agreement came into existence and all the member countries 00:14:40.180 --> 00:14:45.029 of the world trade organization became the party to this agreement. 00:14:45.029 --> 00:14:50.150 So, depending on the nature of the country whether it is a developed or developing or 00:14:50.150 --> 00:14:55.320 under developed nations the countries were given certain time period within which they 00:14:55.320 --> 00:15:01.560 have to change or modify their patent system expert the minimum standard. 00:15:01.560 --> 00:15:07.000 So, even though there is a debate or regarding whether these minimum standard should be there 00:15:07.000 --> 00:15:11.940 or not, but we are not going to that discussion, but anyway since India is also a member country 00:15:11.940 --> 00:15:13.149 to the WTO. 00:15:13.149 --> 00:15:19.860 So, India was India also signed this agreement in 1995 and it got 10 years of time period 00:15:19.860 --> 00:15:25.000 to modify or change its the change its existing legislation on intellectual property right. 00:15:25.000 --> 00:15:30.500 So, one of the provisions of this TRIPs agreement that is the Article 27. 00:15:30.500 --> 00:15:40.160 So, the Article 27 defines the invention or defines which kind of the inventions or what 00:15:40.160 --> 00:15:47.510 aspect of the inventions can be patented and what can be excluded from the patenting procedure. 00:15:47.510 --> 00:15:56.520 So, here it emphasize that the inventions that can be patented includes both the product 00:15:56.520 --> 00:15:58.090 products and processes. 00:15:58.090 --> 00:16:04.709 So, under the TRIPs agreement now every country have to give protection to both products as 00:16:04.709 --> 00:16:09.100 well as the processes and it should cover all the fields of the technology. 00:16:09.100 --> 00:16:14.390 So, it would it it implies that it should cover as well as the plant technology also. 00:16:14.390 --> 00:16:21.420 So, before this India did not recognize the product patent after ratification of the TRIPs 00:16:21.420 --> 00:16:26.250 agreement India has to change its law and in 2005 patent law, now we are also recognized 00:16:26.250 --> 00:16:31.209 the process patents sorry product patents. 00:16:31.209 --> 00:16:39.100 And particularly now with respect to the plant patents the Article 27(3)(b) is the important 00:16:39.100 --> 00:16:45.959 one, where a under this provision it allowed the governments to exclude some kind of invention 00:16:45.959 --> 00:16:47.210 from the patenting. 00:16:47.210 --> 00:16:54.279 For example, plants, animals and other "essential" biological processes excluding microorganisms 00:16:54.279 --> 00:17:00.500 or non-micro, non biological and microbiological processes can be excluded. 00:17:00.500 --> 00:17:02.910 So, it is the countries derogation. 00:17:02.910 --> 00:17:06.030 So, if they want they may exclude. 00:17:06.030 --> 00:17:11.709 So, it was again up to the country if they want to exclude the plants, animals or essential 00:17:11.709 --> 00:17:13.539 biological process. 00:17:13.539 --> 00:17:20.049 However, its mentioned a provision that the plant varieties have to be eligible for the 00:17:20.049 --> 00:17:26.030 protection either through the patent system or a system which is specifically created 00:17:26.030 --> 00:17:30.650 for the protection of the same or a combination of the system. 00:17:30.650 --> 00:17:36.650 So, the country if they want they can apply the current patent system for the protection 00:17:36.650 --> 00:17:43.220 of the plants or if they want they can create a completely new set of regulation or new 00:17:43.220 --> 00:17:48.039 system for the protection which is generally known as the sui generis system or both the 00:17:48.039 --> 00:17:54.230 ways also can also be protected can be adopted for the protection of the plant based innovation. 00:17:54.230 --> 00:17:59.809 Now since the TRIPs gave that flexibility that it is up to the discretion of the member 00:17:59.809 --> 00:18:02.100 country how they should go about the protection. 00:18:02.100 --> 00:18:06.750 So, now different countries have different standards. 00:18:06.750 --> 00:18:14.539 But again when we talk about the patents with respect to the plants then countries like 00:18:14.539 --> 00:18:19.239 India or other developed or underdeveloped countries face other challenges with respect 00:18:19.239 --> 00:18:20.239 to it. 00:18:20.239 --> 00:18:26.009 For example, how can we preserve the interest of the community if something has been patented 00:18:26.009 --> 00:18:33.900 for example, if some plants has been identified as a potential source for any biopharmaceutical 00:18:33.900 --> 00:18:34.900 substance. 00:18:34.900 --> 00:18:40.929 And if a multinational company or a multi-billion industry industry takes a patent over that 00:18:40.929 --> 00:18:45.409 and they keep on producing without giving any benefit to the society or the place or 00:18:45.409 --> 00:18:52.049 the community from where the product has originated then nothing can be done because its patent 00:18:52.049 --> 00:18:54.070 protected by some particular individual. 00:18:54.070 --> 00:18:57.850 So, what is the way out for that? 00:18:57.850 --> 00:19:02.879 What about the farmers right, the farmers because many a times it has been seen that 00:19:02.879 --> 00:19:09.239 the patented thing has the patenting has laid to the increase in the pricing I just discussed 00:19:09.239 --> 00:19:16.230 the Monsanto again example in India where the BT cotton seeds were sold at little bit 00:19:16.230 --> 00:19:21.379 sold quite a high price to the say other seed companies because when the licenses are given 00:19:21.379 --> 00:19:24.500 by Monsanto to other seed companies for the BT cotton. 00:19:24.500 --> 00:19:30.230 So, instead apart from that licensing fee they charge certain trade fee means for each 00:19:30.230 --> 00:19:36.440 packet of the seeds which you sell you have to give certain percentage of that as a trade 00:19:36.440 --> 00:19:42.029 fee means the new character which they have developed through the patented invention and 00:19:42.029 --> 00:19:48.009 for that Monsanto in India was charging around 1200 to 1400 rupees per packet. 00:19:48.009 --> 00:19:55.629 So, there was an issue and it was like it was again it was checked by the competition 00:19:55.629 --> 00:20:02.429 commission of the India whether or not the Monsanto is adopting any unfair means or he 00:20:02.429 --> 00:20:06.360 it is coming under the purview of abuse of the dominance. 00:20:06.360 --> 00:20:16.080 So, those things has been seen in in general patenting with the price hike as well as the 00:20:16.080 --> 00:20:18.650 inaccessibility by the farmers. 00:20:18.650 --> 00:20:24.419 Because the farmers always cannot give such high amount to buy the seeds and carry out 00:20:24.419 --> 00:20:25.990 their normal farming procedure. 00:20:25.990 --> 00:20:30.840 And, what about the traditional knowledge, if somebody misappropriates the traditional 00:20:30.840 --> 00:20:37.470 knowledge so what can be done and how we preserve the bio diversity if something has been patented 00:20:37.470 --> 00:20:41.190 that may be over exploit there may be over exploitation of the resources. 00:20:41.190 --> 00:20:47.580 So, these are some issues which came up when the when the TRIPs agreement propose that 00:20:47.580 --> 00:20:53.960 the plant related invention can also be protected through the patent mechanism. 00:20:53.960 --> 00:21:01.299 So, there are lot of deliberation upon the that clause, but finally, country like India 00:21:01.299 --> 00:21:07.989 and other develop nations has thought of creating certain sui generis mechanism through which 00:21:07.989 --> 00:21:12.259 because our season agricultural based country through which the interest of the farmers, 00:21:12.259 --> 00:21:16.239 interest of the other community or bio diversity can also be protected. 00:21:16.239 --> 00:21:24.289 So, before enacting any sui generis legislation it is essential to understand what are the 00:21:24.289 --> 00:21:27.519 other existing system for the protection of such plant varieties. 00:21:27.519 --> 00:21:33.920 So, for that reason like it has been observed or it has been studied like what are the other 00:21:33.920 --> 00:21:37.830 system of the protection and what kind of sui generis system can be adopted in context 00:21:37.830 --> 00:21:38.830 of India. 00:21:38.830 --> 00:21:43.881 So, that everyone benefits, because again you have to promote the industry also, you 00:21:43.881 --> 00:21:49.220 have to preserve the biodiversity also and you have to keep the interest of the farmers 00:21:49.220 --> 00:21:50.220 as well. 00:21:50.220 --> 00:21:55.389 So, we need a sustainable way through which each of this stakeholder can be benefited. 00:21:55.389 --> 00:22:02.629 So, at that time another system of protection was available which is known as the UPOV system 00:22:02.629 --> 00:22:06.929 the Union for Protection of the Plant Variety in the Europe system. 00:22:06.929 --> 00:22:11.720 So, basically it is an international system for the protection of the IP rights for the 00:22:11.720 --> 00:22:18.309 plant breeder and it encourages the innovation through the development of the new variety 00:22:18.309 --> 00:22:19.399 of the plants. 00:22:19.399 --> 00:22:25.859 So, UPOV is an international organization based in Geneva and it was adopted in the 00:22:25.859 --> 00:22:32.999 year 1961 which entered into force in 1968 and it has been amended the three times or 00:22:32.999 --> 00:22:41.700 so far and there are more around 94 countries are member to it and it is now regarded as 00:22:41.700 --> 00:22:46.519 one of the harmonized sui generis system for the protection of the plant varieties and 00:22:46.519 --> 00:22:51.629 many like gradually many countries are trying to be part of the system. 00:22:51.629 --> 00:23:01.369 So, under this UPOV certain protection like patent so 20 years similarly so the protection 00:23:01.369 --> 00:23:07.320 for the new the or specific right for developing a new variety was given to the inventor or 00:23:07.320 --> 00:23:08.340 the plant breeder. 00:23:08.340 --> 00:23:15.580 So, at least 20 years or 25 years for the trees and vines were given and it gave certain 00:23:15.580 --> 00:23:20.690 powers to the breeder or authorized breeder who has produce the seeds. 00:23:20.690 --> 00:23:26.799 Means without the permission of it permission of the plant breeder no one would be able 00:23:26.799 --> 00:23:34.360 to reproduce that plants or no one can was allowed to condition the plants for the propagation 00:23:34.360 --> 00:23:40.710 or they can sale the plants or market the plant or exporting and importing or stocking 00:23:40.710 --> 00:23:46.690 is was not per allowed without the permission of the authorized plant breeder. 00:23:46.690 --> 00:23:53.440 So, that was one of the system which is widely acclaimed and widely adopted in the European 00:23:53.440 --> 00:24:02.190 Union and after that in 1995 the European Union again adopted certain stricter standards 00:24:02.190 --> 00:24:07.620 based on that same UPOV template and this is known as the Community Plant Variety right. 00:24:07.620 --> 00:24:14.830 So, here under Article 14 of this community plant variety right it authorized the farmers 00:24:14.830 --> 00:24:22.200 to use for propagating purposes in the field and on their own holdings the product of the 00:24:22.200 --> 00:24:27.809 harvest that they have obtained by planting their own material. 00:24:27.809 --> 00:24:35.739 And like even though the plant is protected under this community variety registration 00:24:35.739 --> 00:24:42.350 system or CPVR system still the farmers are allowed to use or save the seed for the next 00:24:42.350 --> 00:24:47.440 generation of the cultivation and, but again there was a limitation or the condition applied 00:24:47.440 --> 00:24:54.039 to this provision which is that only those species which are specified under this provision 00:24:54.039 --> 00:25:01.019 of the community plant variety rights were allowed to be propagated in the next generation. 00:25:01.019 --> 00:25:08.130 And the farmers who were cultivating the in that area which is less than 92 less than 00:25:08.130 --> 00:25:15.489 an area which results in 92 tons of the serials where permitted to take this provision and 00:25:15.489 --> 00:25:19.710 they do not have to pay any equitable remuneration to the owner of the CPVR. 00:25:19.710 --> 00:25:25.309 So, it is a first time kind of an incentive or certain except exemptions where given to 00:25:25.309 --> 00:25:32.659 the farmers while using a registered variety or a new variety. 00:25:32.659 --> 00:25:36.460 Apart from these kind of thing there were other international system like we have a 00:25:36.460 --> 00:25:42.059 convention of bio biological diversity and we have this international treaty on the plant 00:25:42.059 --> 00:25:47.720 genetic resources for food and agriculture or which is popularly known as the International 00:25:47.720 --> 00:25:49.190 Seed Treaty. 00:25:49.190 --> 00:25:57.039 So, this seed treaty is basically again international agreement which is based on the Convention 00:25:57.039 --> 00:26:03.870 of Biological Diversity which aims at guarantying the food security through the conservation, 00:26:03.870 --> 00:26:08.279 exchange and sustainable use of the world's plant genetic resources for the production 00:26:08.279 --> 00:26:15.789 of the food and agricultural purposes and it also aims at fair and equitable benefit 00:26:15.789 --> 00:26:19.330 sharing arising out of its use. 00:26:19.330 --> 00:26:24.769 So,these conditions were again available internationally. 00:26:24.769 --> 00:26:30.909 So, now so, these things has to be taken into consideration before any country like India 00:26:30.909 --> 00:26:35.639 legislates in legislates its own sui generis system. 00:26:35.639 --> 00:26:42.500 And this seed treaty also recognized the farmers right whether, but anyway this farmers right 00:26:42.500 --> 00:26:50.039 has always subjected to the national laws and the the the this recognizes like recognized 00:26:50.039 --> 00:26:57.359 the protection of the traditional knowledge and recognized the need for equitable participation 00:26:57.359 --> 00:27:01.799 in the case of benefit sharing and utilization of the plant genetic resources. 00:27:01.799 --> 00:27:08.039 And also the right to participate in the decision making processes at the national level and 00:27:08.039 --> 00:27:12.580 related to other matters which are very much important for the conservation or the sustainable 00:27:12.580 --> 00:27:14.899 use of the plant genetic material. 00:27:14.899 --> 00:27:22.259 So, these are the few international regulation available at that period of time which has 00:27:22.259 --> 00:27:28.090 to be taken into consideration before defining whether or not the plant patent system is 00:27:28.090 --> 00:27:37.049 useful or will have negative impact on the farmers right or the other stakeholders. 00:27:37.049 --> 00:27:42.740 And this seed treaty also establishes the establish the multilateral system for the 00:27:42.740 --> 00:27:47.779 access benefit sharing, to facilitate the plant germplasm exchanges and the benefit 00:27:47.779 --> 00:27:53.879 sharing through the standard material agreements so that the different biological resources 00:27:53.879 --> 00:27:59.169 or germplasm can be transferred from one country to another for the exploitation of that thing 00:27:59.169 --> 00:28:02.429 in for research or art commercial purposes. 00:28:02.429 --> 00:28:06.950 but again keeping a track of the things how from where the material originated how it 00:28:06.950 --> 00:28:13.799 has been use so, that the benefit sharing or that processes can be properly streamlined. 00:28:13.799 --> 00:28:21.389 So, these were the few provisions and patent raised some concern because if you do not 00:28:21.389 --> 00:28:27.369 mandate the provision of identification of the resource or identification of the origin 00:28:27.369 --> 00:28:32.000 that may lead to later problem while the benefit sharing. 00:28:32.000 --> 00:28:38.830 But anyway in many the many countries believe that patenting system is something different 00:28:38.830 --> 00:28:45.509 it has not it it should not be read in conjunction with those because patent is just through 00:28:45.509 --> 00:28:49.440 the novelty and inventive step or utility of the invention. 00:28:49.440 --> 00:28:55.119 So, whether the benefit has been shared or not so that is the again that will come under 00:28:55.119 --> 00:28:59.599 the different aspect of the national law and the country is free to take other aspect other 00:28:59.599 --> 00:29:05.539 measures for that but that should not hamper the patent system. 00:29:05.539 --> 00:29:10.220 So, there where debates so, lot of debate has happened in the WTO itself regarding the 00:29:10.220 --> 00:29:17.849 clause that whether or not pay plants can be patented or what are the other provisions. 00:29:17.849 --> 00:29:25.090 So, next we will be discussing about the plant variety protection in India. 00:29:25.090 --> 00:29:31.470 So, having said the, international regulations or existing provisions for the protection 00:29:31.470 --> 00:29:38.649 of the plant India thought of enacting a sui generis legislation after it became after 00:29:38.649 --> 00:29:40.830 it rectified the TRIPs agreement. 00:29:40.830 --> 00:29:48.759 So, in 2001 India enacted the Protection of the Plant Varieties and Farmers Right Act. 00:29:48.759 --> 00:29:50.990 So, if you um mark it carefully. 00:29:50.990 --> 00:29:56.970 So, this is called not only protection of the plant variety, but Farmer's Rights Act 00:29:56.970 --> 00:30:02.419 because it also emphasized on the rights of the farmers. 00:30:02.419 --> 00:30:11.070 So, the basic objective of this legislation was to develop an effective system of protection, 00:30:11.070 --> 00:30:17.279 where the investment for the research and development purposes from both the public 00:30:17.279 --> 00:30:20.919 as well as the private sectors can be maximized. 00:30:20.919 --> 00:30:28.059 And the development of the new plant varieties can be promoted as well which will give appropriate 00:30:28.059 --> 00:30:34.831 returns to both the both the investors as well as the benefit to the other consumers 00:30:34.831 --> 00:30:36.639 or the stakeholders. 00:30:36.639 --> 00:30:42.850 And it aimed at facilitating the growth of the seed industry in the country through the 00:30:42.850 --> 00:30:47.639 domestic as well as the foreign investment which will ensure the availability of the 00:30:47.639 --> 00:30:51.999 high quality seeds and planting material to the Indian farmers. 00:30:51.999 --> 00:30:57.320 Because you know if you do not give a mechanism for protection the foreign companies might 00:30:57.320 --> 00:31:03.909 not be willing to come here and invest money unless this they are secured about their invention, 00:31:03.909 --> 00:31:10.009 if anyone is anyone can freely use their invention without any legal remedies then it would be 00:31:10.009 --> 00:31:18.529 problem for the company and they will not want to come to India and invest here. 00:31:18.529 --> 00:31:26.179 And this Act for the first time in India recognize the role of farmers as the cultivars and conservers 00:31:26.179 --> 00:31:32.889 in the contribution of the traditional rural or the tribal communities in the country and 00:31:32.889 --> 00:31:41.200 it tried to reward the people who have played a part in conserving the biodiversity and 00:31:41.200 --> 00:31:47.870 it also enacted the provision of the benefit sharing and the traditional rights of the 00:31:47.870 --> 00:31:52.629 farmers has been protected under this legislation. 00:31:52.629 --> 00:32:02.190 So, if we go deep into the plant variety registration system we will see there are different varieties 00:32:02.190 --> 00:32:08.909 of the plants which can be or the the nomenclature is that there are different varieties are 00:32:08.909 --> 00:32:13.869 generally considered defined which can be protected under this legislation. 00:32:13.869 --> 00:32:19.370 For example, we will hear about the farmers variety, extant variety, extant variety about 00:32:19.370 --> 00:32:24.139 which there is common knowledge, there are new varieties of the plant and essentially 00:32:24.139 --> 00:32:25.399 derived plants. 00:32:25.399 --> 00:32:31.570 So, first three varieties like farmers variety, extant variety and varieties with common knowledge 00:32:31.570 --> 00:32:38.400 are generally those which are existing already and when you talk about the new variety or 00:32:38.400 --> 00:32:42.469 essential derived variety it has the it are these are the new varieties which may be developed 00:32:42.469 --> 00:32:45.870 through the intervention of the biotechnological process. 00:32:45.870 --> 00:32:52.090 So, if we look into the definition of the "extant variety" so, it basically define the 00:32:52.090 --> 00:32:59.110 extant variety are defined as the varieties which are available in India and notified 00:32:59.110 --> 00:33:02.570 under the Section 5 of the Seeds Act. 00:33:02.570 --> 00:33:06.899 And these are the notified varieties which are already been notified under Seed Act and 00:33:06.899 --> 00:33:12.619 it includes the farmers variety farmers variety means the varieties which the farmers have 00:33:12.619 --> 00:33:14.159 been cultivating in general. 00:33:14.159 --> 00:33:20.519 So, in our may be your ancestor like some of your grandparents or ancestors they have 00:33:20.519 --> 00:33:25.940 been cultivating some some kind of the variety which we generally use also so those are the 00:33:25.940 --> 00:33:27.529 farmers variety. 00:33:27.529 --> 00:33:35.789 And a variety about which there is common knowledge means maybe these are the wild race 00:33:35.789 --> 00:33:41.330 of the or wild race varieties which were in use at certain point of time, but gradually 00:33:41.330 --> 00:33:46.450 due to some like better varieties those varieties are not in use. 00:33:46.450 --> 00:33:52.249 For example, a rice variety may take a long period of time to cook to cook so,because 00:33:52.249 --> 00:33:54.460 we do not have much time to cook these days. 00:33:54.460 --> 00:33:57.539 So, we may adopt a variety which will save our time. 00:33:57.539 --> 00:34:03.289 So, those kind of varieties are gradually not in use, but still they exist in the nature. 00:34:03.289 --> 00:34:08.720 So, those varieties generally come under this provision variety about which there is a common 00:34:08.720 --> 00:34:12.140 knowledge, but may not be used that rampantly. 00:34:12.140 --> 00:34:20.409 And any other variety which is in the public domain also be protected through this which 00:34:20.409 --> 00:34:26.970 varieties which there are many other varieties which are in public domain can also come under 00:34:26.970 --> 00:34:31.280 the purview of the like this extant variety and may be protected through this plant variety 00:34:31.280 --> 00:34:32.280 protection Act. 00:34:32.280 --> 00:34:34.090 Yes, already we have discussed. 00:34:34.090 --> 00:34:39.560 So, the farmers variety may be wild relative or the land race of the variety about which 00:34:39.560 --> 00:34:44.109 the farmers are farmers possess the common knowledge. 00:34:44.109 --> 00:34:50.690 One of the beauty of this legislation is that the farmers varieties are exempted from the 00:34:50.690 --> 00:34:56.480 application or the registration fees and there are different provisions which are generally 00:34:56.480 --> 00:34:58.560 not applicable to the farmers variety. 00:34:58.560 --> 00:35:04.260 So, here we have to now understand the difference between the plant patent system in patent 00:35:04.260 --> 00:35:10.480 novelty is one of one of one of the critical aspect means it has to be new, but when we 00:35:10.480 --> 00:35:16.140 talk about the extant variety or the farmers variety generally these are not new they are 00:35:16.140 --> 00:35:17.400 already existing in the nature. 00:35:17.400 --> 00:35:23.740 So, that novelty concept is not there, but we have to again see that this plant variety 00:35:23.740 --> 00:35:26.730 protection system is a kind of a registration system.- 00:35:26.730 --> 00:35:32.700 It is basically you are registering the varieties which either you have developed or either 00:35:32.700 --> 00:35:40.270 you are aware or you you you work on that as a farmer or as a breeder. 00:35:40.270 --> 00:35:45.630 So, the So, this allows you to register those varieties under the plant variety protection 00:35:45.630 --> 00:35:53.840 system and it is in that novelty aspect it fees different from the patent. 00:35:53.840 --> 00:35:58.240 Now coming to the other categories of the plant variety which can be protected under 00:35:58.240 --> 00:36:02.180 the plant varieties Act is the Essentially Derived Varieties. 00:36:02.180 --> 00:36:10.430 Now, the essentially derived varieties are the varieties which are generally derived 00:36:10.430 --> 00:36:16.190 from an existing variety by biotechnological interventions like genetic engineering processes 00:36:16.190 --> 00:36:22.220 or by mutation or by tissue culture process or even by back cross or any other like ploidy 00:36:22.220 --> 00:36:23.220 changes. 00:36:23.220 --> 00:36:30.660 So, if someone is developing a new variety from an existing variety by changing one or 00:36:30.660 --> 00:36:36.410 more character so, that may come under the purview of the essentially derived variety. 00:36:36.410 --> 00:36:38.289 And new variety is something new. 00:36:38.289 --> 00:36:42.799 So, any new variety of the plant like this BT cotton for example. 00:36:42.799 --> 00:36:50.490 So, it is a technology basically where the BT gene has been inserted, but the plant so, 00:36:50.490 --> 00:36:53.920 or or the plant is a now because it becomes resistant. 00:36:53.920 --> 00:36:58.089 So, it is it kind of a trait which has been inserted into that plant. 00:36:58.089 --> 00:37:04.779 So, similarly any new trait if it is or any new gene can be expressed in a plant that 00:37:04.779 --> 00:37:11.460 may may also new gene in the terms of some character which is which is making certain 00:37:11.460 --> 00:37:16.130 difference with the existing variety, those things can be considered as a new variety 00:37:16.130 --> 00:37:20.980 condition is that it should meet with the other criteria as well. 00:37:20.980 --> 00:37:30.160 So, the essential derived varieties are basically are developed from an initial variety and 00:37:30.160 --> 00:37:39.151 it is clearly distinguishable from the initial variety and it it conforms to the initial 00:37:39.151 --> 00:37:43.720 variety for the expression of the essential characteristics that result from the genotype 00:37:43.720 --> 00:37:47.210 or combination of the genotypes from such initial variety. 00:37:47.210 --> 00:37:55.200 So, it is same with the initial variety apart from the other new character which has been 00:37:55.200 --> 00:37:58.000 imparted to that by the biotechnological process. 00:37:58.000 --> 00:38:03.710 So, these varieties can also be protected under the Plant Variety Protection Act in 00:38:03.710 --> 00:38:08.930 India we can protect the technological part under the patent system. 00:38:08.930 --> 00:38:14.089 So, we should not be confusing no plant technology can be protected through patent, but the plant 00:38:14.089 --> 00:38:20.390 per se or say or a modified plant or a new plant cannot be protected under the patent 00:38:20.390 --> 00:38:26.799 for which this Plant Verity Protection Act is there in which we can protect the plants 00:38:26.799 --> 00:38:28.200 new plants. 00:38:28.200 --> 00:38:37.690 Now, so, like patent can be filed by anyone any inventor or any applicant who possesses 00:38:37.690 --> 00:38:45.770 the technology similarly the plant variety can be registered by any person who claims 00:38:45.770 --> 00:38:51.190 to be the breeder of the variety means any researcher who is working and who has developed 00:38:51.190 --> 00:38:52.609 a variety plant breeder. 00:38:52.609 --> 00:38:59.119 So, they can also apply any successor of the breeder or any person who is like assignee 00:38:59.119 --> 00:39:03.540 of the breeder in respect of which he got the right to apply for that. 00:39:03.540 --> 00:39:09.970 Even the farmer or group of farmers or community of the farmers may claim as a breeder of the 00:39:09.970 --> 00:39:15.180 variety means if certain variety of the rice or wheat are cultivated in some part or some 00:39:15.180 --> 00:39:16.180 village. 00:39:16.180 --> 00:39:21.849 So, those community can also come forward and register those variety or any person who 00:39:21.849 --> 00:39:27.619 are authorized to make application on the behalf of the farmers or even any University 00:39:27.619 --> 00:39:32.430 or publicly funded organization can also be the breeder of the variety. 00:39:32.430 --> 00:39:37.950 So, basically the gist is that any person any University any private or any government 00:39:37.950 --> 00:39:42.960 form can apply for the plant registration. 00:39:42.960 --> 00:39:50.210 So, again next is the what is the criteria under which we can register a plant variety. 00:39:50.210 --> 00:39:55.940 So, for the patents we by now we know there are three major criteria; novelty, inventive 00:39:55.940 --> 00:40:02.950 step and industrial applicability; obviously, we have it is it has to confer to the specified 00:40:02.950 --> 00:40:05.700 subject matter patentable subject matter. 00:40:05.700 --> 00:40:10.890 Similarly in case of the plant patents we in case of the plant variety protection we 00:40:10.890 --> 00:40:17.480 the plant variety must confer to again certain standards and these standards are known as 00:40:17.480 --> 00:40:24.890 the like there are four specified standard for a new variety which is known as the NDUS 00:40:24.890 --> 00:40:30.369 standard that is novelty, distinctiveness, uniformity and stability. 00:40:30.369 --> 00:40:37.109 So, new plant variety can be protected under the plant variety registration system provided 00:40:37.109 --> 00:40:42.950 it meets the criteria of the novelty, distinctiveness, uniformity and stability. 00:40:42.950 --> 00:40:51.079 So, what is novelty here, like in patent novelty is something new which has not there in the 00:40:51.079 --> 00:40:54.280 prior art so, which is existed for the first step. 00:40:54.280 --> 00:41:00.200 Similarly, here also novelty means the plant variety must not have been marketed before 00:41:00.200 --> 00:41:04.310 and or in in India or in abroad. 00:41:04.310 --> 00:41:11.010 So, 1 year grace period is given if it is marketed in abroad, but again novelty in the 00:41:11.010 --> 00:41:15.700 terms the plant should be very new to the society and it should not have been marketed 00:41:15.700 --> 00:41:19.430 before then it would be considered as the novel. 00:41:19.430 --> 00:41:23.260 And as I mentioned so, if it is marketed abroad 1 year grace period is given. 00:41:23.260 --> 00:41:28.230 So, within which you can apply for the registration. 00:41:28.230 --> 00:41:36.740 Distinctiveness, distinctiveness means there must be a character or there must be some 00:41:36.740 --> 00:41:43.700 character by which you are able to distinguish this variety with respect to some earlier 00:41:43.700 --> 00:41:44.930 existing variety. 00:41:44.930 --> 00:41:49.480 For example, if there is a black so black rose. 00:41:49.480 --> 00:41:55.430 So, black is a colour which is very uncommon to the rose, but now if by any process someone 00:41:55.430 --> 00:41:56.760 develops a black rose. 00:41:56.760 --> 00:42:01.760 So, that black colour of the petal should be a distinct character which makes it distinct 00:42:01.760 --> 00:42:06.279 from the other other varieties of the flowers ok. 00:42:06.279 --> 00:42:08.309 So, that is the distinctive character. 00:42:08.309 --> 00:42:09.309 So, it has. 00:42:09.309 --> 00:42:13.930 So, there should be at least one distinct character which is making them different from 00:42:13.930 --> 00:42:14.930 the existing. 00:42:14.930 --> 00:42:20.299 So, if it is a fruit so, the sweetness of the fruit or if it is like for example, litchi. 00:42:20.299 --> 00:42:24.789 So, the pulp of the litchi how thick it is, how sweet it is so, all these are different 00:42:24.789 --> 00:42:31.460 characters which a plant may which the plant may express. 00:42:31.460 --> 00:42:35.539 So, it has to be distinct with respect to the existing variety. 00:42:35.539 --> 00:42:41.280 Then, uniformity so, uniformity is that the expression of that character that distinct 00:42:41.280 --> 00:42:45.150 character should be uniform across the population. 00:42:45.150 --> 00:42:53.160 So, if I am planting the like 100 seeds of the new plant variety which claims to be distinct 00:42:53.160 --> 00:43:01.089 then all the 100 plants must be expressing those characters, like again depending on 00:43:01.089 --> 00:43:02.089 the environmental. 00:43:02.089 --> 00:43:07.470 So, there might be some environmental effect by which the expression may be less or more, 00:43:07.470 --> 00:43:12.720 but excluding that at least all the plant should be able to express the character which 00:43:12.720 --> 00:43:14.160 is set to be distinct. 00:43:14.160 --> 00:43:18.530 Then, stability again it is not that only for one generation the plant will express 00:43:18.530 --> 00:43:21.710 the character that character has to percolate in every generation. 00:43:21.710 --> 00:43:24.490 So, that is known as the stability of the character. 00:43:24.490 --> 00:43:30.250 So, if any plant variety meets this four criteria then it can be registered under the plant 00:43:30.250 --> 00:43:32.440 variety protection system. 00:43:32.440 --> 00:43:37.140 And for the other varieties like farmer variety which cannot be considered so novel because 00:43:37.140 --> 00:43:40.960 it is already been cultivated or the other extend varieties. 00:43:40.960 --> 00:43:46.579 So,we do not have the novelty criteria for them it is known as the and for them the DUS 00:43:46.579 --> 00:43:50.640 standards applies that is distinctiveness, uniformity and the stability. 00:43:50.640 --> 00:43:56.109 So, if a plant variety meets this specified character you can apply for the registration 00:43:56.109 --> 00:43:59.069 of the plants. 00:43:59.069 --> 00:44:03.880 The other requirements related to the plant is that it is not only. 00:44:03.880 --> 00:44:09.430 So, now, how you will decide or how you give the novelty or distinctiveness or stability 00:44:09.430 --> 00:44:10.430 data. 00:44:10.430 --> 00:44:14.930 So, in every application the applicant has to submit certain passport data which you 00:44:14.930 --> 00:44:20.020 will call means the data regarding these characters which we have discussed so for so, that has 00:44:20.020 --> 00:44:21.170 to be given. 00:44:21.170 --> 00:44:25.200 And you have to name the plant variety by something which is known as the denomination. 00:44:25.200 --> 00:44:28.900 So, there should be a proper naming of the plant variety. 00:44:28.900 --> 00:44:34.560 So, like you if you have heard there may be rice variety pusa 1 some numbers like that. 00:44:34.560 --> 00:44:38.779 So,there is a denomination which is given again there are guidelines what can be what 00:44:38.779 --> 00:44:40.609 how the plant should be named. 00:44:40.609 --> 00:44:43.940 So, denomination also forms an important part of the requirement. 00:44:43.940 --> 00:44:52.849 Then in another important part is that the applicant has to provide a affidavit which 00:44:52.849 --> 00:44:59.680 mentions that the plant variety do not contain any gene or any gene sequence which involves 00:44:59.680 --> 00:45:00.970 the terminator technology. 00:45:00.970 --> 00:45:07.130 So, we discussed about this GURT technology or GURT technology or the terminator gene 00:45:07.130 --> 00:45:11.619 which basically inhibits the plant to express the same character in the next generation 00:45:11.619 --> 00:45:12.900 or. 00:45:12.900 --> 00:45:19.520 So, means the if some if you are saving the seed for the next generation you might not 00:45:19.520 --> 00:45:22.800 get the same character as expressed in the previous generation. 00:45:22.800 --> 00:45:25.990 So, that is known as the terminator technology. 00:45:25.990 --> 00:45:30.420 So, use of the terminator technology in these new varieties are not accepted. 00:45:30.420 --> 00:45:36.410 So, you have the applicant has to provide an affidavit for the same, also the applicant 00:45:36.410 --> 00:45:41.880 has to give a declaration that the genetic material or the parental material is acquired 00:45:41.880 --> 00:45:49.750 or or developed or like wherever from you have you have got it it has been acquired 00:45:49.750 --> 00:45:51.710 lawfully or developed lawfully. 00:45:51.710 --> 00:45:56.470 So, these are the few essential criteria requirements that is needed for application of the plant 00:45:56.470 --> 00:46:01.380 variety, apart from that you have to pay the fees and some other criterias as mentioned 00:46:01.380 --> 00:46:04.720 in the Plant Variety Protection Act. 00:46:04.720 --> 00:46:13.289 So, once the plant variety you have applied for the plant variety the DUS data data has 00:46:13.289 --> 00:46:14.289 been given. 00:46:14.289 --> 00:46:21.060 So, the like you have to also deposit some amount of seed also and then it would be tasted; 00:46:21.060 --> 00:46:27.480 obviously, the plant variety protection authority they test the seeds where for the mentioned 00:46:27.480 --> 00:46:31.920 characteristics whether or not those characters are being properly expressed or not. 00:46:31.920 --> 00:46:37.010 So, depending on the nature of the seed or nature of the plant the testing criteria differs. 00:46:37.010 --> 00:46:43.360 So, they may be sent to few of the plant research centre where it would be grown and seen. 00:46:43.360 --> 00:46:47.710 So, it is again very depending on the plant variety. 00:46:47.710 --> 00:46:54.180 Once they satisfy then the plant variety would be registered in the plant variety registry. 00:46:54.180 --> 00:47:01.029 So, then the applicant would be issued a certificate for the variety under the Act and this give 00:47:01.029 --> 00:47:08.099 them the exclusive right for use of those variety and nobody would be able to produce 00:47:08.099 --> 00:47:14.330 or sell or market or distribute or import or export the product without the permission 00:47:14.330 --> 00:47:23.740 of the plant breeder or the authorized registered the owner of the plant variety. 00:47:23.740 --> 00:47:29.920 And the duration of the plant variety is also varied for trees and vines it is 18 years 00:47:29.920 --> 00:47:35.849 from the date of application, for other crops it is 15 years and for the extant varieties 00:47:35.849 --> 00:47:41.079 notified 15 years from the date of notification from the in the Seeds Act. 00:47:41.079 --> 00:47:49.430 So, like patent now you are getting some amount of exclusivity over that right over the variety. 00:47:49.430 --> 00:47:55.289 Now, this act is called Protection of Plant Variety and Farmers Right Act. 00:47:55.289 --> 00:47:59.180 So, now, what is that farmer's right we are we we are talking about. 00:47:59.180 --> 00:48:05.160 So, now, as we saw so, since you are a breeder so you get the monopoly to use your thing 00:48:05.160 --> 00:48:11.970 without your permission now nobody is allowed to use that thing, but here the this legislation 00:48:11.970 --> 00:48:16.880 gave certain exemptions to the farmers as well as for the research purpose. 00:48:16.880 --> 00:48:24.089 So, under the farmer's exemption the farmers are allowed to produce to save to use or sow 00:48:24.089 --> 00:48:30.910 or re sow the seeds or exchange or share or sale the form produce including the seed of 00:48:30.910 --> 00:48:36.280 the variety under this Act, but again the farmers are not allowed to sell the seed in 00:48:36.280 --> 00:48:37.380 the branded name. 00:48:37.380 --> 00:48:43.680 So, if they produce they can give it to some of their family members or other things or 00:48:43.680 --> 00:48:48.109 for commercial purpose as well, but not in that brand name. 00:48:48.109 --> 00:48:54.710 And also it the legislation gave certain researchers exemption, where the registered varieties 00:48:54.710 --> 00:49:01.450 can be used for conducting experiments and the use of this variety as a initial source 00:49:01.450 --> 00:49:05.260 of variety for the purpose of the creating other varieties is allowed. 00:49:05.260 --> 00:49:10.059 So, researchers can use the variety for developing the product. 00:49:10.059 --> 00:49:15.570 But again for marketing of those or commercialization of the product like if you have use that as 00:49:15.570 --> 00:49:21.599 an initial variety you have to mention those thing in the application and then if required 00:49:21.599 --> 00:49:28.390 you have to take the license from that person to again if you are directly using that variety 00:49:28.390 --> 00:49:29.630 to get your own variety. 00:49:29.630 --> 00:49:35.809 So, those are the certain provisions which are mentioned in the Seed Act sorry mentioned 00:49:35.809 --> 00:49:38.829 in the Plant Variety Protection Act. 00:49:38.829 --> 00:49:45.099 And it has also given some extra some more rights to the farmers like they can sow re 00:49:45.099 --> 00:49:52.509 sow those things we saw now like anyone who has bred or developed a new varieties are 00:49:52.509 --> 00:49:57.789 entitled as a farmer or is considered as a breeder or the farmer here. 00:49:57.789 --> 00:50:03.580 So, farmer who are engaged in the conservation of the genetic resources or the land race 00:50:03.580 --> 00:50:06.650 or the wild relatives of the economic plants. 00:50:06.650 --> 00:50:12.470 And or contributed in some way for the economic development or the preservation of those plants. 00:50:12.470 --> 00:50:19.099 Now, they are also eligible to get some rewards under the gene fund which is a specific fund 00:50:19.099 --> 00:50:21.030 created under this Act. 00:50:21.030 --> 00:50:28.059 So, this is one of the unique feature of this Act and then we saw the rights with respect 00:50:28.059 --> 00:50:33.210 to the seeds which they have grown is also remains with the farmer. 00:50:33.210 --> 00:50:39.009 So, this Gene Fund is a special provision which is created by the central government 00:50:39.009 --> 00:50:46.450 and this is known as the National Gene Fund . Basically this is fund where all the benefit 00:50:46.450 --> 00:50:53.319 sharing which are received in the prescribed manner by the breeder or the measure of the 00:50:53.319 --> 00:50:55.200 essential varieties are collected. 00:50:55.200 --> 00:51:01.500 And whatever annual fees paid by the applicants to the authority by the way of again royalty 00:51:01.500 --> 00:51:03.160 is also collected there. 00:51:03.160 --> 00:51:11.420 The compensations given by in compensation given by the various producers and the contribution 00:51:11.420 --> 00:51:16.329 from the national or any other international organizations are deposited here under the 00:51:16.329 --> 00:51:17.809 National Gene Fund. 00:51:17.809 --> 00:51:24.450 And this money from the national gene fund are used for meeting the expenses related 00:51:24.450 --> 00:51:29.890 to other benefit sharing or some compensation it is if it is payable to some farmers or 00:51:29.890 --> 00:51:36.769 other persons and expenditure supporting the conservation or sustainable use of the genetic 00:51:36.769 --> 00:51:42.180 resources for ex situ as well as the in situ conservation and other schemes related to 00:51:42.180 --> 00:51:47.140 the benefit sharing are also incurred from this a national gene fund. 00:51:47.140 --> 00:51:52.410 And the Government of India has also initiated some different awards like the germplasm savior 00:51:52.410 --> 00:51:57.809 award and other things which is again given through this gene fund. 00:51:57.809 --> 00:52:04.599 So, this is the way through which the plant variety protection system in India has again 00:52:04.599 --> 00:52:11.050 created a specific framework for India in which not only the developer. 00:52:11.050 --> 00:52:18.539 Or the breeder can get benefit out of the provisions laid here in, but also the farmers 00:52:18.539 --> 00:52:26.009 and the other users can also use the seeds without being fearful about like the patented 00:52:26.009 --> 00:52:27.700 thing and other thing. 00:52:27.700 --> 00:52:33.220 So, this is that is why an different aspect from the normal technology biotechnology which 00:52:33.220 --> 00:52:35.400 we have been talking now. 00:52:35.400 --> 00:52:43.319 So, as a whole now we understand how the intellectual property related aspects are seen in context 00:52:43.319 --> 00:52:44.800 of the biotechnological research. 00:52:44.800 --> 00:52:50.849 So, whether you talk about patent,whether you talk about trademark, like in this plant 00:52:50.849 --> 00:52:53.329 inventions also trademark makes an important thing. 00:52:53.329 --> 00:52:59.640 How you name a plant that may be a issue in sometime, whether it is a generic name or 00:52:59.640 --> 00:53:02.980 how the plant has been popular made popular or like that. 00:53:02.980 --> 00:53:09.559 So, everything has to be taken and protected carefully so, that the innovator or the inventor 00:53:09.559 --> 00:53:12.059 gets maximum benefit out of it. 00:53:12.059 --> 00:53:18.300 So, this is little bit about the intellectual property system with respect to the plant 00:53:18.300 --> 00:53:19.300 by technology. 00:53:19.300 --> 00:53:26.500 We did not deal much more in like at in this course this is the basic knowledge we all 00:53:26.500 --> 00:53:27.500 should have. 00:53:27.500 --> 00:53:31.619 So, that a while going forward to understand the regulatory challenges you can we can understand 00:53:31.619 --> 00:53:34.269 it in a better or simple manner. 00:53:34.269 --> 00:53:38.140 So, thank you for being with me and see you soon next. 00:53:38.140 --> 00:53:38.640 Thank you.