Q.1 What is meant by Intellectual Property ?
The Protection of Plant Varieties and Farmers’ Rights Act 2001 was enacted in India to protect the new plant varieties and the rules for the same were notified in year 2003. In this Act, the registration of twelve notified crops viz. rice, lentil, maize, green gram, kidney bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread wheat were considered. Due to the TRIPS agreement, India was under an obligation to introduce a system for protecting new plant variety. India opted for sui generis system and enacted The Protection of Plant Varieties and Farmers’ Rights Act 2001.

Q.2 How is "Trademark" defined?
Mark includes a device, brand, heading, label, name, signature, word, letter, shape of goods, packaging or combination of colours.

Trade Mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours.

Q.3 Why to choose Trademark?

  • identifies the actual physical origin of goods and services.
  • guarantees the identity of the origin of goods and services.
  • stimulates further purchase.
  • creates brand image for the product.
  • promotes life style and fashion.

Q.4 Who are the Beneficiaries?
Beneficiaries under Trademark are:

  • Registered Proprietor
  • Government
  • Professionals
  • Purchasers/ consumers
  • promotes life style and fashion.

Q.5 Who can apply for the Registration of the Trademark?
The applicant for the registration under Trademark shall be a:

  • person claiming to be the proprietor
  • apply in writing in prescribed manner
  • power of attorney,
  • application should be in English or Hindi
  • should be filed at the appropriate office.

Q.6 What are the mode of acquisition of Trademark?
A trade mark can be acquired by a trader or manufacturer by any one of the following modes of acquisition:

  • Creation or innovation of Trade Mark.
  • Assignment from another owner of Trade Mark.
  • Prolonged usage.
  • License under Common Law.

07. What are the legal requirements for the registration of a trademark?

  • capable of being represented graphically.
  • capable of distinguishing the goods or services.
  • Indicate connection between goods and services and persons having the right to use.

Q.8 What are the registrable trademark?
A trade mark must qualify the following tests for being eligible for registration:

  • Mark should be capable of distinguishing goods or services of one person from those of another.
  • Mark should not consist exclusively of marks used in general for referring to the characteristics of goods or services.
  • Mark should not be of the nature so as to deceive the public or cause confusion.
  • Mark should not contain any scandalous or obscene matter.
  • Mark should not be prohibited under the Emblems and Names (Prohibition of Improper use) Act, 1950.
  • Mark should not consist exclusively of shape of the goods which is necessary to obtain technical results.
  • Mark should not consist exclusively of the goods resulting from the nature of the goods themselves.

Q.9 Which marks are the Prohibited Marks?
Following marks can be considered as prohibited marks:

  • Deceive Public or cause confusion
  • Hurt religious sentiments
  • Scandalous or obscene matters
  • Prohibited under Emblems and Names Act

Q.10 Who can file the Notice of Opposition?
Under Indian law, ‘any person’ can file the notice of opposition. This includes individuals, companies, partnership firms and trusts. Two or more persons can be joined as opponents in the same notice of opposition provided the issues are the same.

Q.11 What is the time period for filing the Notice of Opposition?
The notice of opposition can be filed within four months from the date the Trade Marks Journal is made available to the public.

Q.12 What are the regulations concerning the assigning and licensing of a trademark?
Any person having been assigned the rights shall have no locus standi against any third party unless application for change of applicant has been approved. The holder of the trademark is allowed to assign his right aside from the business premises. This assignment is executed by private contract, or by notary deed when there is an assignment of the trademark and of the business premises. There is a presumption of assignment of the trademark in the event of assignment of the general business, unless otherwise stipulated.
The license holder can grant a license for exploitation through a written contract, provided that it is signed before a notary public. The licensee is not allowed to assign his/her right unless he/she obtains permission or if this is provided in the contract.

Q.13 What is the next stage once I file the Notice of Opposition?
Once the Notice of Opposition is filed, the Registrar takes it on record and serves a copy on the Applicant (with an official intimation to the Opponent) inviting their attention to file a Counter Statement. The Applicant is required to file the Counter Statement within two months of the receipt of the Notice of Opposition. If the Applicant fails to file the Counter Statement within the stipulated time, the Applicant is deemed to have abandoned his application.

Q.14 What is the assignment of the Trademark?
A mark may be assigned or transferred to another entity in any of the following manners:

  • Complete Assignment to another entity-
  • Assignment to another entity but with respect to only some of the goods/ services-
  • Assignment with goodwill-
  • Assignment without goodwill
  • Such assignment also referred to as gross assignment, is where the owner of the brand restricts the right of the buyer and does not allow him to use such brand for the products being used by the original owner. Thus, the goodwill attached to such brand with respect to the product already being sold under such brand, is not transferred to the buyer. (E.g. P, the proprietor of a brand "Shudh" relating to dairy products, sells his brand to Q such that Q will not be able to use the mark "Shudh" with respect to dairy products but can use this brand for any other products being manufactured by it. In such case the goodwill which is associated with brand "Shudh" for dairy products is not transferred to Q and Q will be required to create distinct goodwill of brand "Shudh" for any other product or service like Restaurant wherein Q proposes to use this brand.). In many jurisdictions like United States, assignment of mark without goodwill is not allowed at all. India on the other hand allows assignment without goodwill.

    Further, in case of registered Trademarks, the Trade Mark Act 1999 also puts certain restrictions on the assignment of a registered trade mark wherein there exist possibilities of creating confusion in the mind of public/users. Such restrictions are:
  • Restriction on assignment that results in the creation of exclusive rights in more than one persons with respect to the same goods or services, or for same description of goods or services or such goods or services as associated with each other.
  • Restriction on assignment that results in different people using the trademark in different parts of the country simultaneously.

Q.15 How Trademark Licensing can be explained ?
The licensing of a mark is to allow others to use the mark without assigning the ownership and the same may be done for all or some of the goods and services covered. The Trademarks Act does not mention the term 'License', the concept under the Act is mentioned as that of a 'Registered User'.
Trademark licensing is advantageous to both the parties. While the licensor enjoys its rights to the mark by getting the royalties for its use, the licensee is able to expand its market operations by using the brand and developing its reputation.
In case of Licensing, the licensor is open to license the rights over the trademark in manner it may like. The Licensor can restrict the rights of the licensee in a trademark or brand with respect to the products or services wherein the licensee can use such brand, with respect to time for which it can use such mark, with respect to area within which it can use such mark etc.
In case of Licensing, the licensor is open to license the rights over the trademark in manner it may like. The Licensor can restrict the rights of the licensee in a trademark or brand with respect to the products or services wherein the licensee can use such brand, with respect to time for which it can use such mark, with respect to area within which it can use such mark etc.

COPYRIGHT

Q16. What is the scope of copyright?
Following points will suffice to understand the scope of copyright

  • Literary, dramatic and musical work. Computer programs/software are covered within the definition of literary work.
  • Artisticwork.
  • Cinematographic films which include sound track and video films.
  • Record-any disc, tape, perforated roll or other device.

Q17. what is the time period which for which the Copyright can be taken?
If published within the life time of the author of a literary work the term is for the life time of the author plus 60 years.

For cinematography films, records, photographs, posthumous publications, anonymous publication, works of government and international agencies the term is 60 years from the beginning of the calendar year following the year in which the work was published.

For broadcasting the term is 25 years from the beginning of the calendar year following the year, in which the broadcast was made.

Q18. what is the rule for the transfer of copyright?
The owner of the copyright in an existing work or prospective owner of the copyright in a future work may assign to any person the copyright, either wholly or partially in the following manner.

  • for the entire world or for a specific country or territory; or
  • for the full term of copyright or part thereof ; or
  • relating to all the rights comprising the copyright or only part of such rights.
  • Record-any disc, tape, perforated roll or other device.

Patents

Q19. What is a patent?
An invention must satisfy the following three conditions of : (i)Novelty    (ii) Inventiveness (Non-obviousness)    (iii) Usefulness Novelty : An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitute the state of the art. Oral description of the invention in a seminar/conference can also spoil novelty. Novelty is assessed in a global context. An invention will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature and patent searches. It should be realized that patent search is essential and critical for ascertaining novelty as most of the information reported in patent documents does not get published any where else.

Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application. The prior art should not point towards the invention implying that the practitioner of the subject matter could not have thought about the invention prior to filing of the patent application. Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a patent. In other words a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place. A mere 'scintilla' of invention is sufficient to found a valid patent. Usefulness : : An invention must possess utility for the grant of patent No valid patent can be granted for an invention devoid of utility.

Q20. What are the conditions to be satisfied by an invention to be patentable?
An invention must satisfy the following three conditions of : (i)Novelty    (ii) Inventiveness (Non-obviousness)    (iii) Usefulness Novelty : An invention will be considered novel if it does not form a part of the global state of the art. Information appearing in magazines, technical journals, books, newspapers etc. constitute the state of the art. Oral description of the invention in a seminar/conference can also spoil novelty. Novelty is assessed in a global context. An invention will cease to be novel if it has been disclosed in the public through any type of publications anywhere in the world before filing a patent application in respect of the invention. Prior use of the invention in the country of interest before the filing date can also destroy the novelty. Novelty is determined through extensive literature and patent searches. It should be realized that patent search is essential and critical for ascertaining novelty as most of the information reported in patent documents does not get published any where else.

Inventiveness (Non-obviousness) : A patent application involves an inventive step if the proposed invention is not obvious to a person skilled in the art i.e., skilled in the subject matter of the patent application. The prior art should not point towards the invention implying that the practitioner of the subject matter could not have thought about the invention prior to filing of the patent application. Inventiveness cannot be decided on the material contained in unpublished patents. The complexity or the simplicity of an inventive step does not have any bearing on the grant of a patent. In other words a very simple invention can qualify for a patent. If there is an inventive step between the proposed patent and the prior art at that point of time, then an invention has taken place. A mere 'scintilla' of invention is sufficient to found a valid patent. Usefulness : : An invention must possess utility for the grant of patent No valid patent can be granted for an invention devoid of utility.

Q21. How is invention defined in the Indian Patent Act which can qualify for grant of a patent?
Invention means a new product or process involving an inventive step and capable of Industrial application. Inventive step means a feature that makes the invention not obvious to a person skilled in the art Capable of Industrial application means that the invention is capable of being made or used in an industry.

However, inventions claiming substance intended for use, or capable of being used, as food or as medicine or drug or relating to substances prepared or produced by chemical processes (including alloys, optical glass, semiconductors and inter-metallic compounds) are not patentable. Only process claims are allowed in such cases.

Meaning of chemical process would also include the biochemical, biotechnological and microbiological process.

Q22. What are the types of inventions which are not patentable in India?
An invention may satisfy the condition of novelty, inventiveness and usefulness but it may not qualify for a patent under the following situations:

an invention which is frivolous or which claims anything obviously contrary to well established natural laws;

an invention the primary or intended use or commercial exploitation of which could be contrary to public order or morality or which causes serious prejudice to human , animal or plant life or health or to the environment;

the mere discovery of scientific principle or the formulation of an abstract theory or discovery of any living thing or non-living substance occurring in nature;

the mere discovery of any new property or new use for a known substance or of the mere use of a known process, machine or apparatus unless such known process results in a new product or employs at least one new reactant;

a substance obtained by mere admixture resulting only in the aggregation of the properties of the components thereof or a process for producing such substance;

the mere arrangement or re-arrangement or duplication of known devices each functioning independently of one another in a known way;

a method of agriculture or horticulture;

any process for medicinal, surgical, curative, prophylactic, diagnostic, therapeutic or other treatment of human beings or any process for a similar treatment of animals to render them free of disease or to increase their economic value or that of their products;

plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals;

mathematical or business method or a computer program per se algorithms

a literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever including cinematographic works and television productions;

a mere scheme or rule or method of performing mental act or method of playing game;

a presentation of information

topography of integrated circuits

an invention which, in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components

inventions relating to atomic energy

Q23. When should an application for a patent be filed?
Filing of an application for a patent should be completed at the earliest possible date and should not be delayed. An application filed with provisional specification, disclosing the essence of the nature of the invention helps to register the priority by the applicant. Delay in filing an application may entail some risks like (i) other inventors might forestall the first inventor by applying for a patent for the said invention (ii) there may be either an inadvertent publication of the invention by the inventor himself/herself or by others independently of him/her.

Q24. Can a published or disclosed invention be patented?
No, publication of an invention in any form by the inventor before filing of a patent application would disqualify the invention to be patentable. Hence, inventors should not disclose their inventions before filing the patent application. The invention should be considered for publication after a patent application has been filed. Thus, it can be seen that t11ere is no contradiction between publishing an inventive work and filing of patent application in respect of the invention.

Q25. What is considered as the date of patent?
The date of patent is the date of filing the application for patent (whether provisional or complete). The term of the patent is counted from this date.

Q26. What is the term of a patent in the Indian system?
Term of the patent is 20 years from the date of filling for all types of inventions.

Q27. What are the essential patent documents to be generated and submitted by a potential patentee?
There are two types of patent documents usually known as patent specification, namely
(i) Provisional Specification and (ii) Complete Specification

Provisional Specification
A provisional specification is usually filed to establish priority of the invention in case the disclosed invention is only at a conceptual stage and a delay is expected in submitting full and specific description of the invention. Although, a patent application accompanied with provisional specification does not confer any legal patent rights to the applicants, it is, however, a very important document to establish the earliest ownership of an invention. The provisional specification is a permanent and independent scientific cum legal document and no amendment is allowed in this. No patent is granted on the basis of a provisional specification. It has to be a followed by a complete specification for obtaining a patent for the said invention. Complete specification must be submitted within 12 months of filing the provisional specification. This period can be extended by 3 months. It is not necessary to file an application with provisional specification before the complete specification. An application with complete specification can be filed right at the first instance.

Complete Specification
Submission of complete specification is necessary to obtain a patent The contents of a complete specification would include the following
Title of the invention.
Field to which the invention belongs .
Background of the invention including prior art giving drawbacks of the known inventions & practices.
Complete description of the invention along with experimental results.
Drawings etc. essential for understanding the invention.
Claims, which are statements, related to the invention on which legal proprietorship is being sought. Therefore the claims have to be drafted very carefully.

Q28. What is opposition under the Indian Patents Act 1970?
After the Patent Office has examined an application and found it in order forgrant of a patent, it publishes the title pf the invention, name of the inventor(s) and the applicant(s), abstract of the invention, drawings and claims in the Gazette of India, Part III Section 2, for interested parties to oppose the grant of the patent. An application for opposition may be filed at the concerned Patent Office branch within four months of the date of the issue of the concerned gazette. An extension of one month is possible; a request for extension has to be made within the first four months. Typed or photocopies of the specification together with photocopies of the drawings, if any, can be obtained from the Patent Office, Calcutta or the concerned branch office on payment of the prescribed fees. One would like to oppose if the idea of the accepted application infringes upon one's invention/existing patent, if the coverage of the proposed patent is very wide which may be detrimental to one's research or if the idea is not novel and so on.

Q29. Does grant of a patent in one country affect its grant or refusal in another country?
Each country is free to grant or refuse a patent on the bases of scrutiny by its patent office. This means that granting a patent in one country of the Union does not force other countries to grant the patent for the same invention. Also, the refusal of the patent in one country does not mean that it will be terminated in all the countries.

Q30. What is patent cooperation treaty (PCT)?
The patent cooperation treaty (PCT) is a multilateral treaty entered into force in 1978. Through PCT, an inventor of a member country (Contracting state of PCT can simultaneously obtain priority for his/her Invention in all/ any of the member countries, without having to file a separate application in the countries of interest , by designating them in the PCT application .India joined the PCT on December 7, 1998.

Q31. What is the need for PCT ?
In order to protect your invention in other countries, you are required to file an independent patent application in each country of interest; in some cases , within a stipulated time to obtain priority in these countries .This would entail a large investment, within a short time, to meet costs towards filing fees, translation, attorney charges etc. In addition you are making an assumption which, due to the short time available for making the decision on whether to file a patent application in a country or not , may not be well founded .

Inventors of Contracting States of PCT on the other hand can simultaneously obtain priority for their inventions without having to file separate application in the countries of interest ; thus saving the initial investments towards filing fees, translation etc. In addition the system provides much longer time for filing patent application in member countries . The time available under Paris Convention for securing priority in other countries is 12 months from the date of initial filing. Under the PCT, the time available could be as much as minimum 20 and maximum 31 months. Further, an inventor is also benefited by the search report prepared under the PCT system to be sure that the claimed invention is novel. The inventor could also opt for preliminary examination before filing in other countries to be doubly sure about the patentability of the invention .

Q32.Which is the appropriate office in India in relation to international applications?
An international application can be filed in any of the Branch Offices of the Patent Office located at New Delhi, Chennai, Mumbai and Kolkata (Head Office). Any of these Offices shall function as receiving office, designated office and elected office for the purpose of international applications filed under the Treaty.

An international application shall be filed in the Patent Office which would process the application in accordance with these rules and the provision under the PCT.

Q33. Where do you pay the fees and in which currency?
All types of fees are payable at the receiving office and it is the responsibility of the receiving office to remit the search fees to the concerned office if the receiving office is not the search authority. Similarly, all other charges due to other agencies, would be remitted by the receiving office. The fees are payable in the currency acceptable to the receiving office as an Indian you can pay all the fees in Indian rupees.

Designs

Q34. What does the term 'Design' mean according to the Designs Act, 2000 ?
"Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chen-iical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.s

Q35. What are the designs not registrable under the Act?
A design which

  • is not new or original; or
  • has been disclosed to the public any where in India or in any other country by publication in tangible form or by use in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
  • is not significantly distinguishable from known designs or combination of known designs; or
  • comprise or contains scandalous or obscene matter, shall not he registered.
"Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chen-iical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device.s

Q.36 What is the object of registration of designs? Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by industrial process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.

Q.37 What are the essential requirements for the registration of design under the Designs Act, 2000?
The design should be new or original, not previously published or used in any country before the date of application for registration. The novelty may reside in the application of a known shape or pattern to new subject matter. However, if the design for which application is made does not involve any real mental activity for conception, then registration may not be considered.

The design should relate to features of shape, configuration, pattern or ornamentation applied or applicable to an article. Thus, designs of industrial plans, layouts and installations are not registrable under the Act.

The features of the designs in the finished article should appeal to and are judged solely by the eye. This implies that the design must appear and should be visible on the finished article, for which it is meant. Thus, any design in the inside arrangement of a box, money purse or almirah may not be considered for showing such articles in the open state, as those articles are generally put in the market in the closed state.

Any mode or principle of construction or operation or any thing, which is in Substance a mere mechanical device, would not be registrable design. For instance, a key having its novelty only in the shape of its corrugation or bend at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. However, when any design suggests any mode or principle of construction or mechanical or other action of a mechanism, a suitable disclaimer in respect there of is required to be inserted on its representation, provided there are other registrable features in the design.

The design should not include any trade mark or property mark or artistic works.

Q.38 What is a Register of Designs?

The total time of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period. The proprietor of design may make application for such extension even as soon as the design is registered.

Q.40 Can the same applicant make an application for the same design again, if the prior application has been abandoned?

Yes, the same applicant can apply again since no publication of the abandoned application is made by the Patent Office, provided the applicant does not publish the said design in the meanwhile.

Q.41 Are the registered designs open for public inspection?

Yes, registered designs are open for public inspection only after publication in the official gazette on payment of prescribed fee of Rs. 500/- on a request in Form -5.

Geographical Indication

Q.42 What does the term 'Geographical Indications (GI)' stand for?

The term GI has been defined as "Geographical Indications", in relation to goods, means an indication which identifies such goods as agricultural goods, natural goods or manufactured goods as originating, or manufactured in the territory of a country, or a region or locality in that territory, where a given quality, reputation or other characteristics of such goods is essentially attributable to its geographical origin and in case where such goods are manufactured goods one of the activities of either the production or of processing or preparation of the goods concerned takes place in such territory, region or locality, as the case may be.

Q.43 Who can apply for GI's registration?

Any association of persons or producers or any organization or authority established by or under any law for the time being in force representing the interest of the producers of the concerned goods, who are desirous of registering geographical indication in relation to such goods shall apply in writing to the Registrar in such' form and in such manner and accompanied by such fees as may be prescribed for the registration of the geographical indication.

Q.44 Who is a registered proprietor of a geographical indication?

Any association of persons or of producers or any organisation or authority established by or under the law can be a registered proprietor. Their name should be entered in the Register of Geographical Indication as registered proprietor for the Geographical Indication applied for.

Q.45 Who can use the registered geographical indication?

An authorised user has the exclusive rights to the use of geographical indication in relation to goods in respect of which it is registered.

Q.46 Who can be considered a ‘producer’ for the purposes of this act?

‘Producer’ in relation to goods, means any person who :-

  • Produces, processes or packages agricultural goods
  • Exploits natural goods
  • Makes or manufactures handicraft or industrial goods.

Q.47 Can all geographical indications be registered?

No, a GI cannot be registered if :-

  • its use is likely to deceive or cause confusion or be contrary to any law;
  • it comprises or contains scandalous or obscene matter or any matter likely to hurt religious susceptibilities of any class or section of the citizens of India;
  • it is a generic name;
  • it has ceased to be protected in their country of origin or which have fallen into disuse in that country;
  • it is falsely represented by persons claiming that goods originate in another territory, region or locality as the case may be.

Q.48 What is the term of GI protection?

The registration of a GI shall be for a period of ten years but may be renewed from time to time for an unlimited period by payment of the renewal fees.

Q.48 What is the punishment in the Act for falsifying GI?

A sentence of imprisonment for a term between six months to three years and a fine between fifty thousand rupees and two lakh rupees is provided in the Act. The court may reduce the punishment under special circumstances.

Plant Varieties

Q.49 What is Protection of Plant Varieties and Farmers’ Act 2001?

The Protection of Plant Varieties and Farmers’ Rights Act 2001 was enacted in India to protect the new plant varieties and the rules for the same were notified in year 2003. In this Act, the registration of twelve notified crops viz. rice, lentil, maize, green gram, kidney bean, black gram, chickpea, pearl millet, pigeon pea, sorghum, field pea, bread wheat were considered. Due to the TRIPS agreement, India was under an obligation to introduce a system for protecting new plant variety. India opted for sui generis system and enacted The Protection of Plant Varieties and Farmers’ Rights Act 2001.

Q.50 Why the Act was enacted in India?

  • To develop new plant varieties with appropriate returns by stimulating investments in research and development in the all the sectors.
  • To facilitate the availability of high quality seeds and planting material to Indian farmers; and
  • To enhance the country’s agro biodiversity by rewarding the farmers through benefit sharing and protecting the traditional right of the farmers

Q.51 Plant varieties eligible to be registered under Plant Varieties Act, 2001?

  • A new variety if it conforms to the criteria of novelty, distinctiveness, uniformity and stability
  • An extant variety if it conforms to criteria of distinctiveness, uniformity and stability

Q.52 Explain Farmers’ Variety as per PPVFR Act, 2001?
“Farmers’ Variety” means a variety which-

  • (i) is a wild relative or land race of a variety about which the farmers possess the common knowledge;

    where farmer means any person who (i) cultivates crops by cultivating the land himself; or (ii) cultivates crop by directly supervising the cultivation of land through any other person; or (iii) conserves and preserves, severely or jointly, with any person any wild species or traditional varieties or adds value to such wild species or traditional varieties through selection and identification of their useful properties.

Q.53 Define Novelty under PVVFRA?
“Farmers’ Variety” means a variety which-

Novelty – Plant variety is novel if at the date of filing of the application for registration for protection, the propagating or harvested material of such variety has not been sold or otherwise disposed of by or with the consent of breeder or his successor for the purpose of exploitation of such variety- (i) in India earlier than one year or (ii) outside India , in the case of trees or vines earlier than six years or in any other case, earlier than four years, before the date of filing such application: Provided that a trial of a new variety which has not been sold otherwise disposed of shall not affect the right to protection.

Provided further that the fact that on the date of filing the application for registration, propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety.

Q.54 Define Distinctiveness under PVVFRA?

New plant variety will be considered distinct if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application

Q.55 Define Uniformity under PVVFRA?

A plant variety passes the uniformity test if it is sufficiently uniform in its essential characteristics.

Q.56 What is the term of plant variety protection?

  • in the case of trees and vines, eighteen years from the date of registration of the variety
  • in the case of extant varieties, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act,1966
  • in the other cases, fifteen years from the date of registration of the variety.

  • Initially the certificate of registration shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be revived and renewed for the remaining period on payment of fees as may be fixed by the rules.