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Intellectual Property Right

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Q. Where is the headquarter of WIPO?

a. Geneva, Switzerland
b. Hyderabad, India
c. New Delhi, India
d. None of these

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Property

Property designates those things that

are commonly recognized as being the
possessions of an individual or a
group. Property is any item that a
person or a business has legal title
over.

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Properties are of two types - tangible property and

intangible property

i.e. one that is physically present and the other which is not
in any physical form. Building, land, house, cash, jewellery
are few examples of tangible properties which can be seen
and felt physically.

On the other hand there is a kind of valuable property that

cannot be felt physically as it does not have a physical
form.

Intellectual property is one of the forms of intangible

property which commands a material value which can also
be higher than the value of a tangible asset or property.

What is Intellectual Property

Intellectual property refers to creations of

the mind: inventions; literary and artistic
works; and symbols, names and images
used in commerce.
Intellectual property is divided into two
categories:
1. Industrial Property
2. Copyright

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Copyright is a legal term used to

describe the rights of creators
have over their literary and
artistic works.

A patent is an exclusive right granted

for an invention.

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Q. ………………………is a legal term used to

describe the rights of creators have over
their literary and artistic works.

Q. ……………………..is an exclusive right

granted for an invention.

One can broadly classify the various forms

of IPRs into two categories:
• IPRs that stimulate inventive and
creative activities (patents, utility models,
industrial designs, copyright, plant
breeders’ rights and layout designs for
integrated circuits) and
• IPRs that offer information to
consumers (trademarks and geographical
indications).

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What is Intellectual Property

Intellectual property rights (IPR)

can be defined as the rights given to
people over the creation of their
minds.
They usually give the creator an
exclusive right over the use of his/her
creations for a certain period of time.

Intellectual property shall include the right relating to:

i. Literary, artistic and scientific

works;
ii. Performance of performing artists;
iii. Inventions in all fields of human
endeavour;
iv. Scientific discoveries;
v. Industrial designs;
vi. Trademarks, service marks and etc;

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Rights protected under Intellectual Property

i. Patents
ii. Copyrights
iii. Trademarks
iv. Industrial designs
v. Protection of Integrated Circuits layout
design
vi. Geographical indications of goods
vii. Biological diversity
viii. Plant varieties and farmers rights
ix. Undisclosed information

Features of intellectual property

(i) It is measured in terms of new ideas, processes, products, inventions and

innovations developed by a person.

(ii) It requires lot of intellectual inputs in terms of thinking, planning and fine
tuning of new ideas/products/processes etc.

(iii)It requires considerable amount of funds and other resources to develop

new products/processes.

(iv) The main problem with intellectual property is that it can be copied,
reproduced and used by others resulting in loss of inventor. Hence
protection of intellectual property is essential so that the inventor can
derive maximum benefits from his invention.

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Advantages of IPR

1. It promotes healthy competition for invention/innovation

among the intellectuals.
2. It helps in improving the quality of the product.
3. It makes available new ideas/technologies to different
countries.
4. It leads to faster development of industries/organizations
engaged in research and development work.

Disadvantages of IPR

1. The procedure of registration, particularly of patents,

is very lengthy.
2. It involves lot of money transaction in registration,
renewal and licensing.
3. It invites lots of court cases due to infringements.
4. It may lead to monopoly of right holders, etc.

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Introduction to GATT,
WTO, TRIPs and WIPO

GATT and WTO

 It is an intergovernmental organization that

regulate trades.
 WTO officially commenced on 1st January
1995 under Marrakesh Agreement, signed by
124 nations on 15th April 1994.
 Replacing the General Agreement on Tariff
and Trade (GATT), which was commenced in
1948 and established in 1947.
 It is an organization for trade opening.
 It is a forum for governments to negotiate
trade agreements.
 It is a place for them to settle trade disputes.

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It operates a system of trade rules.

Essentially, the WTO is a place where
member governments try to sort out the
trade problems they face with each other.
The WTO is currently the host to new
negotiations, under the ‘Doha Development
Agenda’ launched in 2001.
WTO is not just about opening markets,
and in some circumstances its rules support
maintaining trade barriers — for example, to
protect consumers or prevent the spread of
disease.

Location: Geneva, Switzerland

Established:1 January 1995
Created by: Uruguay Round negotiations
(1986-94)
Membership: 164 countries on 29 July 2016

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GATT and WTO

General Agreement on Tariffs and Trade (GATT) have been

enormously successful over the last 50 years at reducing tariff
and other trade barriers among an ever-increasing number of
countries.
WTO began in 1947 with only 23 members; today it has 164
members, comprising approximately 97 percent of world trade.
Although the WTO, established in 1995, is relatively young
for an international institution, it has its origins in the Bretton
Woods Conference at the end of World War II.
 At this conference, finance ministers from the Allied nations
gathered to discuss the failings of World War I’s Versailles
Treaty and the creation of a new international monetary system
that would support postwar reconstruction, economic stability,
and peace.

The Bretton Woods Conference produced two of the most

important international economic institutions of the postwar
period: the International Monetary Fund (IMF) and the
International Bank for Reconstruction and Development
(the World Bank).
 And third institution International Trade Organization (ITO)
but it left because of poor designing and it was left.
 Uruguay Round- It was the 8th round of Multinational Trade
Negotiations (MTN) conducted within framework of GATT, and
it was spanning from 1986 to 1994 and embracing 123 countries
as “Contracting Parties” and this round leads to creation of
WTO.
Under this negotiation they includes AGRICULTURE and
textile in WTO.

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 Trade negotiations- The WTO

agreements cover goods, services and
intellectual property.
 Implementation and monitoring
 Dispute settlement- The WTO’s
procedure for resolving trade quarrels
under the Dispute Settlement
Understanding is vital for enforcing the
rules and therefore for ensuring that trade
flows smoothly.

THE AGREEMENT ON TRADE-RELATED ASPECTS OF

INTELLECTUAL PROPERTY RIGHTS (TRIPS)

The Agreement on Trade Related Aspects of

Intellectual Property Rights (TRIPS) is an
international agreement administered by the
World Trade Organization (WTO) that sets down
minimum standards for many forms of
intellectual property (IP) regulation as applied to
nationals of other WTO Members.
It was negotiated at the end of the Uruguay
Round of the General Agreement on Tariffs and
Trade (GATT) in 1994.

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The TRIPS agreement introduced intellectual

property law into the international trading system
for the first time and remains the most
comprehensive international agreement on
intellectual property to date.
 TRIPS also specifies enforcement procedures,
remedies, and dispute resolution procedures.

The following Intellectual Property Rights are

covered under the TRIPS

1) copyright;
2) geographical indications;
3) industrial designs;
4) integrated circuit layout-designs;
5) patents;
6) new plant varieties;
7) trademarks;
8) undisclosed or confidential information.

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WORLD INTELLECTUAL PROPERTY

ORGANIZATION (WIPO)
The World Intellectual Property Organization (WIPO) is
one of the 17 specialized agencies of the United Nations,
located in Geneva, Switzerland.
The Organization has External Offices at Rio de Janeiro
in Brazil, Tokyo in Japan, Singapore and New York.
The mission of WIPO is to promote innovation and
creativity for the economic, social and cultural
development of all countries, through a balanced and
effective international intellectual property system.

The origin of WIPO goes back to 1883 and 1886 when the
Paris Convention for the Protection of Industrial
Property and the Berne Convention for the Protection
of Literary and Artistic Works, respectively, were
concluded.
Both Conventions provided for the establishment of an
international bureau.
The two bureaus were united in 1893 and, in 1970, were
replaced by the World Intellectual Property Organization,
by virtue of the WIPO Convention.
World Intellectual Property Organization (WIPO), was
signed at Stockholm on July 14, 1967, entered into force in
1970 and was amended in 1979.

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 185 Member States

 68 intergovernmental organizations (IGOs)
 232 International non-governmental organizations
(NGOs)
 63 National NGOs that are accredited as observers
at WIPO meetings.

WIPO’s Goals
 Working with Member States to support a
balanced evolution of international IP law.
 Administering treaties
 Assisting governments and organizations in
developing the policies, structures.
 Servicing global registration systems for
trademarks, industrial designs and appellations of
origin and a global filing system for patents.
 Delivering arbitration, mediation and other
dispute resolution services.
 Promoting respect for IP.

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Treaties for IPR protection: Paris Convention, Madrid protocol,

Berne Convention, Budapest treaty etc.

Paris Convention
• The Paris Convention, adopted in 1883, applies to industrial
property in the widest sense,
including patents, trademarks, industrial designs, utility
models, service marks, trade names, geographical
indications and the repression of unfair competition.

• This international agreement was the first major step taken to

help creators ensure that their intellectual works were
protected in other countries.

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The Paris Convention for the Protection of

Industrial Property, signed in Paris, France, on
March 20, 1883, was one of the first intellectual
property treaties.
It established a Union for the protection of
industrial property.
The Convention is still in force. After a
diplomatic conference in Paris in 1880, the
Convention was signed in 1883 by 11 countries:
Belgium, Brazil, France, Guatemala, Italy, the
Netherlands, Portugal, El Salvador, Serbia, Spain
and Switzerland.

As of December 2011, the Convention has 174

contracting member countries, which makes it one
of the most widely adopted treaties worldwide.
The Paris Convention is administered by the World
Intellectual Property Organization (WIPO), based
in Geneva, Switzerland.
 India’s membership into the convention came into
force on December 7, 1998.
It covers patents, marks, industrial designs, utility
models, Trade names and geographical indications.

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What is the Madrid Protocol?

• The Madrid Protocol is an International treaty

allowing a trademark owner to seek
registration in any of the countries that have
joined by filing a single application, called an
“International Application”.

Berne Convention
• The Berne Convention, adopted in 1886, deals with the
protection of works and the rights of their authors.
• It provides creators such as authors, musicians, poets,
painters etc. with the means to control how their works are
used, by whom, and on what terms.
• It is based on three basic principles and contains a series of
provisions determining the minimum protection to be
granted, as well as special provisions available to developing
countries that want to make use of them.

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Budapest Treaty organisms

 The Budapest Treaty on the International Recognition of the

Deposit of Microorganisms for the Purposes of Patent Procedure,
or Budapest Treaty, is an international treaty signed
in Budapest, Hungary, on April 28, 1977.
 It entered into force on August 9, 1980, and was later amended on
September 26, 1980.
 The treaty is administered by the World Intellectual Property
Organization (WIPO).
 The treaty allows "deposits of microorganisms at an international
depositary authority to be recognized for the purposes of patent
procedure".

Depositable subject matter

The range of materials able to be deposited under the Budapest Treaty
includes:
•cells, for example, bacteria, fungi, eukaryotic cell lines, plant spores;
•genetic vectors (such as plasmids or bacteriophage vectors or
viruses) containing a gene or DNA fragments;
•organisms used for expression of a gene (making the protein from
the DNA).
There are many types of expression systems: bacterial; yeast; viral;
plant or animal cell cultures;
•yeast, algae, protozoa, eukaryotic cells, cell lines, hybridomas,
viruses, plant tissue cells, spores, and hosts containing materials such
as vectors, cell organelles, plasmids, DNA, RNA, genes and
chromosomes;
•purified nucleic acids; or
•deposits of materials not readily classifiable as microorganisms, such
as "naked" DNA, RNA, or plasmids

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Types of IPR and coverage in India:

• Types of Intellectual Property and legislations
covering IPR in India:-Patents, Copyrights,
Trademark, Industrial design, Geographical
indications, Integrated circuits, Trade secrets

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OVERVIEW OF LAWS RELATED TO INTELLECTUAL

PROPERTY RIGHTS IN INDIA

1. The Copyright Act, 1957, The Copyright Rules, 1958

and International Copyright Order, 1999 (Amendment)
2. The Patents Act, 1970 The Patents Rules, 2003, The
Intellectual Property Appellate Board (Patents Procedure)
Rules, 2010 and The Patents (Appeals and Applications to
the Intellectual Property Appellate Board) Rules, 2011
3. The Trade Marks Act, 1999, The Trade Marks Rules,
2002, The Trade Marks (Applications and Appeals to the
Intellectual Property Appellate Board) Rules, 2003 and
The Intellectual Property Appellate Board (Procedure)
Rules, 2003

4. The Geographical Indications of Goods (Registration

and Protection) Act, 1999 and The Geographical
Indications of Goods (Registration and Protection) Rules,
2002
5. The Designs Act, 2000 and The Designs Rules, 2001.
6. The Semiconductors Integrated Circuits Layout-
Design Act, 2000 and The Semiconductors Integrated
Circuits Layout-Design Rules, 2001
7. The Protection of Plant varieties and Farmers’ Rights
Act, 2001 and The Protection of Plant varieties and Farmers
Rights’ Rules, 2003
8. The Biological Diversity Act, 2002 and The Biological
Diversity Rules, 2004
9. Intellectual Property Rights (Imported Goods) Rules, 2007

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COPYRIGHT

Copyright is the set of exclusive rights granted to the

author or creator of an original work, including the right
to copy, distribute and adapt the work.
Copyright lasts for a certain time period after which the
work is said to enter the public domain
Copyright gives protection for the expression of an
idea and not for the idea itself. For example, many
authors write textbooks on physics covering various
aspects like mechanics, heat, optics etc.

Copyright law in India

The Copyright Act of 1957, The Copyright Rules, 1958
and the International Copyright Order, 1999 governs the
copyright protection in India.
 It came into effect from January 1958.
The Act has been amended in 1983, 1984, 1992, 1994 and
1999.
Before the Act of 1957, copyright protection was
governed by the Copyright Act of 1914 which was the
extension of British Copyright Act, 1911.
The Copyright Act, 1957 consists of 79 sections under 15
chapters while the Copyright Rules, 1958 consists of 28
rules under 9 chapters and 2 schedules.

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Classes of works for which copyright protection

is available

Indian Copyright Act affords separate and

exclusive copyright protection to the following 7
clauses of work:
1. Original Literary Work
2. Original Dramatic Work
3. Original Musical Work
4. Original Artistic Work
5. Cinematograph Films
6. Sound recording
7. Computer Programme

 First 30 days is the cooling period,

during this period if anyone wants
to make an objection can do so
 If Non makes an Objection than it
goes in the process of scrutiny
 If there is errors or suspicion in the
application it will get into Objection
 If no Objection is found it goes into
Copyright Registration Clearance.
 A permanent Copyright
Registration no is assigned
 Finally after nearly six months You
will receive the Certificate via
Indian Postal

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Intellectual Property Rights (IPR) of

Computer Software
In India, the Intellectual Property Rights (IPR) of computer
software is covered under the Copyright Law.
Accordingly, the copyright of computer software is protected
under the provisions of Indian Copyright Act 1957. Major
changes to Indian Copyright Law were introduced in 1994 and
came into effect from 10 May 1995. These changes or
amendments made the Indian Copyright law one of the toughest
in the world.
The amendments to the Copyright Act introduced in June 1994
were, in themselves, a landmark in the India's copyright arena.
For the first time in India, the Copyright Law clearly explained:
• The rights of a copyright holder
• Position on rentals of software
• The rights of the user to make backup copies

Section 2(ffc) of the Copyright Act 1957

which defines "computer programme" as "a
set of instructions expressed in words, codes,
schemes or in any other form, including a
machine readable medium, capable of
causing a computer to perform a particular
task or achieve a particular result“.
Protected under "Literary works“.

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Term of copyright
 Section 22 to 29 of the Copyright Act, 1957 deals
with the term of copyright.
 Copyright generally lasts for a period of sixty
years.
 In the case of literary, dramatic, musical or
artistic works sixty years from the death of author.
 In the case of cinematograph films, sound
recordings, photographs, posthumous publications,
anonymous and pseudonymous publications, works of
government and public undertakings and works of
international organisations, the 60-year period is
counted from the date of publication.

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Copyright Infringements
Some of the commonly known acts involving infringement
of copyright:
o Making infringing copies for sale or hire or selling or
letting them for hire;
o Permitting any place for the performance of works in
public where such performance constitutes infringement
of copyright;
o Distributing infringing copies for the purpose of trade or
to such an extent so as to affect prejudicially the interest
of the owner of copyright ;
o Public exhibition of infringing copies by way of trade;
and
o Importation of infringing copies into India.

The Criminal Offence

A copyright owner can take legal action against any
person who infringes the copyright in the work.
 Any person who knowingly infringes or abets the
infringement of the copyright in any work commits
criminal offence under Section 63 of the Copyright
Act.
The minimum punishment for infringement of
copyright is imprisonment for six months with the
minimum fine of Rs. 50,000/-. maximum term of
three years, and a fine of between 50,000 and
200,000 rupees


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In the case of a second and subsequent conviction the

minimum punishment is imprisonment for one year and
fine of Rs. one lakh.
What remedies are available against a copyright
infringer?
1. Civil remedies - these provide for injunctions, damages,
rendition of accounts, delivery and destruction of
infringing copies.
2. Criminal remedies - these provide for imprisonment,
fines, seizure of infringing copies and delivery of
infringing copies to the owner.
3. Border enforcement - the Act also provides for
prohibition of import and destruction of imported goods
that infringe the copyright of a person with the
assistance of the customs authorities of India.

PATENT

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What is a Patent?
A patent is an exclusive right granted
for an invention – a product or process
that provides a new way of doing
something, or that offers a new technical
solution to a problem.
A patent provides patent owners with
protection for their inventions.
Protection is granted for a limited
period, generally 20 years.

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Why are patents necessary?

Patents provide incentives to individuals by

recognizing their creativity and offering the
possibility of material reward for their
marketable inventions.
These incentives encourage innovation,
which in turn enhances the quality of human
life.

What kind of protection do patents offer?

Patent protection means an invention

cannot be commercially made, used,
distributed or sold without the patent
owner’s consent.
Patent rights are usually enforced in courts
that, in most systems, hold the authority to
stop patent infringement. Conversely, a
court can also declare a patent invalid
upon a successful challenge by a third
party.

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What rights do patent owners have?

A patent owner has the right to decide who may – or
may not – use the patented invention for the period
during which it is protected.
Patent owners may give permission to, or license,
other parties to use their inventions on mutually agreed
terms.
Owners may also sell their invention rights to someone
else, who then becomes the new owner of the patent.
Once a patent expires, protection ends and the
invention enters the public domain. This is also known
as becoming off patent, meaning the owner no longer
holds exclusive rights to the invention, and it becomes
available for commercial exploitation by others.

What role do patents play in everyday life?

Patented inventions have percolate every aspect of
human life, from electric lighting (patents held by Edison
and Swan) and sewing, machines (patents held by Howe
and Singer), to magnetic resonance imaging (MRI) (patents
held by Damadian) and the iPhone (patents held by Apple).
In return for patent protection, all patent owners are
obliged to publicly disclose information on their inventions
in order to enrich the total body of technical knowledge in
the world.
This ever increasing body of public knowledge promotes
further creativity and innovation.
Patents therefore provide not only protection for their
owners but also valuable information and inspiration for
future generations of researchers and inventors.

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What kinds of inventions can be protected?

 An invention must, in general, fulfill the following

conditions to be protected by a patent.
 It must be of practical use; it must show an element
of “Novelty”, meaning some new characteristic that
is not part of the body of existing knowledge in its
particular technical field.
 Industrial applicability
 The invention must show an “Inventive step”
 Its subject matter must be accepted as “Patentable”
under law.

In many countries, scientific theories,

mathematical methods, plant or animal
varieties, discoveries of natural substances,
commercial methods or methods of medical
treatment (as opposed to medical products) are
not generally patentable.

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Kind of inventions protected as Patent/Patentable subject matter:

Invention: According to Section 2(j) of the Indian Patents Act, 1970 an invention
means "a new product or process involving an inventive step and capable of
industrial application."

1. Novelty: Novelty or new invention is defined under Section 2(l) of

the Patents Act as "any invention or technology which has not been
anticipated by publication in any document or used in the country
or elsewhere in the world before the date of filing of patent
application with complete specification, i.e., the subject matter has
not fallen in public domain or that it does not form part of the state
of the art".
2. Capable of Industrial Application: Industrial applicability is
defined under Section 2(ac) of the Patents Act as "the invention is
capable of being made or used in an industry".

Stages from filing to

grant of a patent

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STAGES - FILING TO GRANT OF PATENT

FILING OF APPLICATION
PROVNL. / COMPLETE

PUBLICATION OF APPLICATION

REQUEST FOR EXAMINATION

PRE GRANT OPPOSITION OF PATENT

EXAMINATION AND CLARIFICATION

GRANT OF PATENT

Decision of POST GRANT PATENT OPPOSITION

Controller

Appeal
Revocation/Amendment
Appellate Board

• Step 1:
– Filing of Patent Application or Priority Application There
are four patent offices at Chennai, Mumbai, New Delhi and
Kolkata (Head office). The applicant has to file patent
application in appropriate form with all relevant
information concerned to invention such as description,
claims, drawing, abstract, etc. Applicant has option to file
provisional specification to establish priority of the
invention when disclosed invention is only at a conceptual
stage. Thereafter, with in 12 month applicant have to file
complete specification in prescribed format.

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• Step 2:
• Publication of Application The patent application is published
in the office journal after expiry of 18 months. The applicant
can also put up request for early publication by paying
additional prescribed fee.

• Step 3:
• Request for Examination The applicant has to apply separately
for patent examination within 48 months of filing of patent
application with prescribed fees.

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• Step 4:
• Opposition of Patent The pre grant patent opposition, if any
may be filed within six months of patent publication. This type
of opposition representation is entertained by controller of
patent office if patent filing applicant has put up a request for
patent examination. There are also provisions for post grant
patent opposition.

• Step 5:
• Examination and Clarification of Raised Objections, if any
The patent examiner check all aspect of patentability i.e.
Novelty, inventiveness, non obviousness and industrial
applicability and issue First Examiner Report (FER) to the
applicant. If objections are there in examination report than
applicant has to clarify the objections within one year.

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• Step 6:
• Grant of Patent: The patent is granted to applicant by
Controller after overcoming the objections raised in
examination process. As per Patent Amendment Act
2002, the applicant has to pay renewal fee time to time to
keep patent in force.
• After getting the rights, the owner can explore these
rights by industrial production or can sell, distribute or
licensing the rights as per his will. The rights of patent
are granted for 20 years. Once a patent expires then the
invention enters in to public domain and anybody can
use that knowledge.

Renewal Fee
• To be paid within 3+6 months from date of recording in the
register [sec 142 (4) ]
• No fee for 1st and 2nd year
• Renewal fee, on yearly basis, is required to be paid for 3rd to
20th for keeping the patent in force
• Delay upto six months from due date permissible on payment
of fee for extension of time
• Patent lapses if renewal fee is not paid within the prescribed
period

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What is a trademark?
 A trademark is a distinctive sign that identifies certain
goods or services produced or provided by an individual
or a company.
 Its origin dates back to ancient times when craftsmen
reproduced their signatures, or “marks”, on their artistic
works or products of a functional or practical nature.
 Over the years, these marks have evolved into today’s
system of trademark registration and protection.
 The system helps consumers to identify and purchase a
product or service based on whether its specific
characteristics and quality – as indicated by its unique
trademark – meet their needs.

Evolution of Trademarks

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What do trademarks do?

Trademark protection ensures that the
owners of marks have the exclusive right to
use them to identify goods or services, or to
authorize others to use them in return for
payment.
The period of protection varies, but a
trademark can be renewed indefinitely upon
payment of the corresponding fees.
 Trademark protection is legally enforced by
courts that, in most systems, have the
authority to stop trademark infringement.

Trademark protection also hinders the

efforts of unfair competitors, such as
counterfeiters, to use similar distinctive
signs to market inferior or different
products or services.
 The system enables people with skill
and enterprise to produce and market
goods and services in the fairest possible
conditions, thereby facilitating
international trade.

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What kinds of trademarks can be registered?

 Trademarks may be one or a combination
of words, letters and numerals.
 They may consist of drawings, symbols or
three dimensional signs, such as the shape
and packaging of goods.
 In some countries, non-traditional marks
may be registered for distinguishing
features such as holograms, motion, color
and non-visible signs (sound, smell or
taste).

At National Level (INDIA)

1. Establishment Trade Marks Registry was established in India in 1940 and
presently it administers the Trade Marks Act, 1999 and the rules
made thereunder.
2. Objective To register trademarks applied for in the country and to provide
for better protection of trademark for goods and services and also
to prevent fraudulent use of the mark.
3. Function To register trademarks which qualify for registration as per
provisions of the Trade Marks Act and Rules, and to maintain the
Register of trademarks.
4. Head Office Mumbai (Maharashtra)
5. Branch offices Ahmedabad, Chennai, Delhi and Kolkata.
6. For International An International Registration wing is set up in the Head Office of
Registration the Trade Marks Registry at Mumbai.
(Madrid Protocol)
Presently all the functions of the Trade Marks Registry are performed through an
automated Trade Marks System. The Central Server of TMR is at Intellectual Property
Office (IPO) Building in Delhi and Disaster Recovery server is at IPO, Mumbai. All
branches of the Trade Marks Registry are connected to the main server in Delhi with
Virtual Private Network (VPN). All the actions done by the office staffs through the TMS
are recorded in the central server on real time basis.

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Territorial Jurisdictions of TMR Offices

MUMBAI The State of Maharashtra, Madhya Pradesh, Chhattisgarh and

Goa
AHMEDABAD The State of Gujarat and Rajasthan and Union Territories of
Daman, Diu, Dadra and Nagar Haveli.

KOLKATA The State of Arunachal Pradesh, Assam, Bihar, Orissa, West

Bengal, Manipur, Mizoram, Meghalaya, Sikkim, Tripura,
Jharkhand and Union Territories of Nagaland, Andaman &
Nikobar Islands.

NEW DELHI The state of Jammu & Kashmir, Punjab, Haryana, Uttar Pradesh,
Himachal Pradesh, Uttarakhand, Delhi and Union Territories of
Chandigarh

CHENNAI The state of Andhra Pradesh, Telangana, Kerala, Tamilnadu,

Karnataka and Union Territories of Pondicherry and
Lakshadweep Island

Term of Trademark

1. Trademarks in India are registered by the Controller

General of Patents Designs and Trademarks, Ministry of
Commerce and Industry, Government of India.
2. Trademarks are registered under the Trademark Act,
1999 and provide the trademark owner with a right to
sue for damages when infringements of trademarks
occur.
3. The registration will be valid for 10 years.
4. Registered trademarks nearing expiry can be easily
renewed by filing a trademark renewal application for a
period of another 10 years.

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How is a trademark registered?

 First, an application for registration of a trademark must
be filed with the appropriate national or regional
trademark office.
 The application must contain a clear reproduction of the
sign filed for registration, including any colors, forms or
three-dimensional features.
 It must also contain a list of the goods or services to which
the sign would apply.
 The sign must fulfill certain conditions in order to be
protected as a trademark or other type of mark.
 It must be distinctive, so that consumers can distinguish it
from trademarks identifying other products, as well as
identify a particular product with it.
 It must neither mislead nor deceive customers nor violate
public order or morality.

Geographical indications

 A geographical indication is a sign used on products that have a

specific geographical origin and possess qualities or a reputation that
are due to that origin.
Consumers buying products with GIs want to know that the goods do indeed come from
the place in question and conform to relevant standards, so there need to be some
controls on the use of geographical indications to protect their valuable reputation

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There are three main ways to protect a geographical indication:

 Through special on geographical indications laws – so-

called sui generis systems;

 Using collective or certification marks; and

 Methods focusing on business practices, including

administrative approval schemes.

Geographical indications and trademarks

• In some respects, geographical indication rights are similar

to trademarks.

• Right holders can prevent infringing use of the geographical

indication, and potentially the right lasts forever – although
periodic re-registration of collective or certification marks
may be required.

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However, there are also important differences between these two types of
sign.

• A trademark is used by a company to distinguish its goods and services

from those produced by others, and the owner can prevent anyone else
from using the mark.

• Furthermore, a trademark can be sold or licensed

whereas

• A geographical indication guarantees to consumers that a product was

produced in a certain place and has certain characteristics that are due to
that place of production.

• It may be used by all producers in the relevant place who make products
that share certain qualities relating to that place, and it cannot change
ownership.

What is industrial design

• According to the World Intellectual Property Rights Organization
(WIPO), it is a composition of lines and colors or any three-
dimensional form, which leaves a unique impression on a product.
They maintain the essence of the ornamental or aesthetic aspect of a useful
article, which usually appeals to sight and touch senses.
• Industrial design intellectual property rights are protected in India by the
Designs Act of 2000. Under this, registration offers the proprietor
‘copyright’ in the design, i.e. exclusive right to apply a design to the article
belonging to the class in which it is registered. All models that are
registered find their place in the Register of Designs, Kolkata. This
includes the design number, class number, date of filing (in this country),
the name and address of the proprietor and so on.
• The registration is for a duration of ten years and can be extended for up to
five years. Under the Designs Act, anyone violating the copyright of the
design is liable to pay a sum of Rs. 25,000 for every offense to the
registered proprietor subject to a maximum of Rs. 50,000 recoverable as
contract debt forany one design.

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Advantages of industrial design protection

• Monetary gain: The biggest benefit would be the financial gain that would
accrue to the owner of the design right. As we mentioned earlier,
companies spend a lot of resources to gain an edge over competitors, and
good design can help them make a lot of money.
• Unique selling proposition: In a competitive market, companies can get
an edge by having a product that looks and feels different/unique. Often
consumers make purchase decisions based on the appearance. Industrial
design protection enables companies to protect their USP and set their
product distinctly apart.
• Selling designs: If a company cannot profit directly from the design
developed, they can sell it to third parties and make a profit from its design
capabilities.
• Image: Design protection helps build a positive image of a company.
Industrial designs are considered critical business assets and can even
increase the share price of a company that, in turn, helps sell their products.

Trade Secrets
• It may be confidential business information that provides an
enterprise a competitive edge. Usually these are manufacturing
or industrial secrets and commercial secrets.
• These include sales methods, distribution methods, consumer
profiles, and advertising strategies, lists of suppliers and
clients, and manufacturing processes.
• Contrary to patents, trade secrets are protected without
registration. A trade secret can be protected for an unlimited
period of time but a substantial element of secrecy must exist.
• so that, except by the use of improper means, there would be
difficulty in acquiring the information. Considering the vast
availability of traditional knowledge in the country, the
protection under this will be very crucial in reaping benefits
from such type of knowledge.

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Patent specification
 The specification, which is also called the disclosure, is a written
description of an invention.
The patent specification is drafted both to satisfy the written
requirements for patentability, as well as to define the scope of the
claims.
A. Title of the invention.
 B. Cross-reference to related applications.
 C. Statement regarding federally sponsored research (if
applicable).
 D. Background of the invention.
E. Summary of the invention.
 F. Description of the drawings.
 G. Detailed description of the invention.
H. Sequence listing.
 I. Abstract.

Why is a patent claim so important?

• Claims define the contours of legal rights

when the patent is granted. Section 10 (4) (c)
of the Patents Act, 1970 states that every
complete specification must end with a patent
claim or patent claims that defines the scope
of the invention for which protection is
claimed.

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What are the types of patent claims?

• Independent claims:
• A claim for a thing
• A claim for a method of making a thing
• A claim for a method of using a thing
• Dependent Claims:

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Compulsory Licence
Compulsory Licensing (CL) allows governments to
license third parties (that is, parties other than the patent
holders) to produce and market a patented product or
process without the consent of patent owners.
Chapter XVI i.e. Sections 82 to 94 of the Patents act,
1970 deals with ‘Working of Patents, Compulsory Licenses
and Revocation’.
Chapter XVII also deals with use of inventions for the
purpose of government and acquisition of inventions by
Central Government.
Chapter XIII i.e. Rules 96 to 102 of Patents Rules, 2003
deals with ‘compulsory licence and revocation of patent’.

 In simple terms, compulsory licenses are

authorizations given to a third-party by the
Government to make, use or sell a particular product
or use a particular process which has been patented,
without the need of the permission of the patent
owner.
 The provisions regarding compulsory licenses are
given in the Indian Patents Act, 1970 and in the
TRIPS (Trade-Related Aspects of Intellectual
Property Rights) Agreement at the International
level.

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 Although this works against the patent holder, generally

compulsory licenses are only considered in certain cases of
national emergency, and health crisis.
 There are certain pre-requisite conditions which need to be
fulfilled if the Government wants to grant a compulsory
license in favor of someone.

Section 84

At any time after the expiration of three years from the

date of the grant of a patent, any person interested may
make an application to the Controller for grant of
compulsory license on patent on any of the following
grounds, namely:—
(a) That the reasonable requirements of the public with
respect to the patented invention have not been satisfied, or
(b) that the patented invention is not available to the public
at a reasonably affordable price, or
(c) that the patented invention is not worked in the territory
of India.

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As per Section 84, any person who is interested or already

the holder of the license under the Patent can make a request
to the Controller for grant of compulsory license on expiry of
the three years, when the above conditions are fulfilled.

India’s first case of granting compulsory license

India’s first case of granting compulsory license was
granted by the Patent office in 2012 to an Indian
Company called Natco Pharma for the generic
production of Bayer Corporation’s Nexavar.
All the 3 conditions of Sec 84 was fulfilled that the
reasonable requirements of the public were not fulfilled,
and that it was not available at an affordable price and
that the patented invention was not worked around in
India.
 However, Natco Pharma is paying the royalties to
Bayer at a rate of 6% of all sales on a quarterly
basis in accordance with the guidelines set by the
United Nations Development Programme (UNDP)

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 This medicine is used for treating Liver and

Kidney Cancer, and one month’s worth of dosage
costs around Rs 2.8 Lakh.
 Natco Pharma offered to sell it around for Rd
9000 making this potentially lifesaving drug
easily accessible to all parts of the society and not
just the rich people.
 The Government took this decision for the general
public benefit.
 However, it was heavily criticized by the
Pharmaceutical Companies as they felt the license
should not have been given.

What Is Patent Infringement?

Patent infringement is the commission of a

prohibited act with respect to a patented
invention without permission from the patent
holder.
It occurs when someone violates the patent
rights an inventor has in his invention by
making, using or selling the invention without
the patent owner’s permission (or if the patent
has been licensed), in a way not permitted by
the license.

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Patent Cooperation Treaty (PCT)

The Patent Cooperation Treaty (PCT) is an
international patent law treaty, concluded in 1970.
It provides a unified procedure for filing patent
applications to protect inventions in each of its
contracting states.
A patent application filed under the PCT is called
an international application, or PCT application.
The PCT makes it possible to seek patent
protection for an invention simultaneously in a large
number of countries by filing a single "international
application” with a single patent office (i.e. receiving
Office).

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What do you mean by Patent Search?

A patent search is a prudent and cost effective
process of searching for all issued patents or published
patent applications related to your invention. Based on the
patent search results, you can determine whether your
invention is patentable and to what degree it is patentable.
It is primarily focused on determining what similar or like
invention(s) are already patented or likely to be patented.

Why do we need Patent Search?

We need to conduct a search of issued patents, published
patent applications and other published or public information
(prior art ) to evaluate whether any part of your invention or
idea has been patented, published or disclosed previously. A
search may not only help inventors decide whether to pursue a
patent but also whether to modify their efforts to improve the
probability of getting a patent.
Knowing the prior art related to your invention guides the
patent applicant in drafting the patent application
(background, figures, and description) necessary to properly
disclose applicant's novel invention.

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Types of Patent Search

Patentability Search [Novelty Search or Prior Art Search]
Purpose: To determine whether a specific invention is (1)
within the scope of patentable subject matter, (2) useful,
(3) novel, and (4) non-obvious.
When: It can be performed in the development stage of an
invention i.e they are more commonly done prior to
submitting a patent application.
Scope: Patents and patent applications, foreign and
national published anywhere in the world

Freedom to Operate Search [Infringement search,

clearance search, right to use search]
Purpose: To prove that a proposed product or invention
does not violate or infringe any active patents. Analyze
claims of the patents when assessing freedom to operate
When: Before a product is released or a process is used.
Scope: Patents issued within the last 20 years. May be
limited to a specific jurisdiction

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Validity Search [Invalidity, or Enforcement Readiness search]

It is generally undertaken by companies or individuals to determine
if it is possible to invalidate another's patent that could pose an
infringement risk or when a competitor has accused you of
infringing their patent
Invalidate one or more claims of an issued patent. Ex: U.S. Patent
9,999,999, in Claim 1, claims a computer chip that is faster and
generates less heat than any other chip on the market. The patent
was filed for on 1/1/2002, and granted on 2/1/2003. In searching the
prior art, you find two pieces of prior art that contain information
which is very similar to claim 1 of the subject patent. Piece “A”; is
an article from a computer magazine, dated 11/01/2001. Piece “B” is
a patent which was filed for on 4/1/2002 and issued on 12/1/2002

Landscape Search
A comprehensive and “broad brush” search of patents, publications
and other prior art materials.
Provides general understanding as to the players, patents and
proprietary protection in a field of interest.
Provides potential ideas to inventors during research and
development. dentifies potential licensees or licensors

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OTHER TYPES OF PATENT SEARCH

State-of-the-Art Search [collection search] It gives an overview of prior
art (technology) in a specific area. This is basically an information
gathering approach. For example, a manufacturer might conduct a
state-of-the-art search to determine what has previously been done, to
determine if an area has been overlooked. Bibliographic Search This is
to find out what was covered by a specific patent number. This is the
easiest and the quickest because the searcher already has a patent
number or an inventor's name

Continuing Search
Also known as a current awareness search of recently issued
patents.
Generally these are of two types: keeping up with patent activity in
areas of interest and keeping up with competitor's activities. This can
be done online or by scanning the Official Gazette weekly under
subclasses of interest. Assignment Search This type of search is to
determine legal ownership of a patent. Assignment records of issued
patents are public.

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Number Search
Patent / Patent Application Number and Country of Issue
Common Format - Country Code followed by a seven or eight digit number
Eg.GB2013456, WO0213591, DE19944652
Name Search
This type of search is used when you know the name of an applicant or an
inventor and is one of the simplest and quick searches that can be
performed. It can be used to gain information on a competitor by seeing
what they have in their IP portfolio or you may wish to see if a recent
development by a competitor has been patented or has been applied
for. These results can be used for novelty or infringement purposes

Subject Search
Key words
Keyword searching enables an individual to search for and find
patents by matching one's own search terms to the actual words
contained in patents. The searcher may also specify the “fields” or
parts of patents, in which you'd like the keywords to be found.
Titles
Abstract
Claims, etc.

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Classification codes: The International Patent Classification

Other classification schemes
ECLA (The European Classification)
US classification,
British classification
Classification searching utilizes the U.S. Patent Classification system
(USPCS) which has been used and updated by the USPTO for over 100
years. The system organizes patents by the features of the invention
rather than words used to describe the patents.
*Steps for searching by classification on the USPTO website
1. Index to the US Patent Classification
2. Manual of Classification
3. Classification Definitions
4. List of Patents

Family Search *Patent laws in many nations allow for

“convention” filing. A convention application can result in
many applications for the same patent in multiple countries
all stemming from the same original, or parent,
application. These groups are often referred to as patent
families and there are internet databases that allow
investigations to see if an application you are interested in
is part of a family. These searches can be conducted side
by side to an infringement search or an invalidation search
if a specific piece of prior art is identified from another
country to see if it has a family member in another country
you are interested in.

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Legal Status Searching

Purpose: To determine whether.
Patent has been Granted or not Granted Patent is still in
Force.
There are any Amendments to the Claims.
The Ownership of patent has Changed i.e. Assigned,
Licensed, etc.

Search Engines
• Free Sites
• USPTO
• Espacenet
•WIPO
•SIP
•Google Patent Search
•Indian Patent Office, etc
•Paid Sites
•DialogPRO
•Delphion
•Derwent
•Micropat etc

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What is Database ? A database is a collection of information that is

organized so that it can easily be accessed, managed, and updated. In
one view, databases can be classified according to types of content:
bibliographic, full-text, numeric, and images. Importance of Patent
Database : Patent Information is commonly not available in
developing countries . There are significant obstacles to identifying
the patent status of any particular product even in rich countries.
There are many patents field on various products . Patent
applications may be easily searchable.

Patent Databases :
1. Patent Scope (WIPO)
2. EKASWA
3. EPIDOS-INPADOC
4. Canadian Patents Database (CIPO)

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What is UPOV?

The International Union for the Protection of New

Varieties of Plants (UPOV) is an intergovernmental
organization based in Geneva, Switzerland.
UPOV was established in 1961 by the International
Convention for the Protection of New Varieties of
Plants (the "UPOV Convention").

Mission of UPOV

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UPOV has 76 members

20 States and 1 intergovernmental organization have
initiated the procedure for acceding to the UPOV
Convention. (India-Observer of UPOV).
23 States and 1 intergovernmental organization assist
the UPOV for making rules.

Aim of UPOV

(a) Increased breeding activities,

(b) Greater availability of improved varieties,
(c) Increased number of new varieties,
(d) Diversification of types of breeders (e.g.
private breeders, researchers),
(e) Increased number of foreign new varieties,
(f) Encouraging the development of a new
industry competitiveness on foreign markets, and
(g) Improved access to foreign plant varieties
and enhanced domestic breeding programs.

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Who is "Breeders"

The 1991 Act of the UPOV Convention (Article

1(iv)) defines a breeder as:
"- the person who bred, or discovered and
developed, a variety,

what is "Varieties" ?
According to the Act, the term 'variety' means "a plant
grouping except micro organism within a single botanical
taxon of the lowest known rank, which can be:-
(i) defined by the expression of the characteristics
resulting from a given genotype of that plant grouping;
(ii) distinguished from any other plant grouping by
expression of at least one of the said characteristics; and
(iii) considered as a unit with regard to its suitability for
being propagated, which remains unchanged after such
propagation; and includes propagating material of such
variety, extant variety, transgenic variety, farmers’ variety
and essentially derived variety".

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PLANT VARIETY PROTECTION

• Seed Trade regulation is governed by the seed law

and policies
• IPRs on plant varieties is being enforced under the
PVP law
• Many countries consider plant varieties as
Intellectual property and provide legal protection
for them
• Protection or exclusive right is offered to plant
varieties that have been developed over discoveries
and or innovative processes

HISTORY OF PVP
• In 1930-United States of America enacted Plant
Patent Act to protect plants developed by asexual
propagation.
• In 1941- Breeders Ordinance by Netherlands (to
give exclusive rights to plant breeders for marketing
first generation certified seeds).
• In 1953- Germany, law on Protection of varieties
and the seeds of cultivated plants, (exclusive rights
to plant breeders to commercialize the production
and marketing of seeds of varieties developed by
them).

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BODIES RESPONSIBLE FOR PVP

• UPOV -International union for the
Protection of New Plant Varieties

• WTO through TRIPs agreement

• CBD- Convention on Bio-diversity

Secretariat.

Protection of Plant Varieties & Farmers’

Rights Act, 2001

Protection of Plant Varieties and Farmers’ Rights Authority

(Ministry of Agriculture, Government of India)
S-2, A Block, NASC Complex, DPS Marg,
New Delhi-110012, INDIA
www.plantauthority.gov.in

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Background
In order to provide an effective system for
protection of plant varieties, the rights of
farmers and plant breeders
To encourage the development of new
plant varieties
Protection of plant varieties facilitate the
growth of seed industry, which will ensure
the availability of high quality seeds and
planting materials to the farmers

Why Protection for plants is required in

India?
No legislation to protect the plant varieties until 1994.
India ratified (signed) WTO agreement on 30 December
1994 that became effective from 1.1 1995
The agreement provided for effective protection of IPRs
within 5 years from effective date
Article 27.3 b provides PPV by patenting / sui-generis or
combination there of
Parties may exclude plants and animals other than micro-
organisms and essentially biological processes for the
production of plants or animals from patentability.

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Facts PPV & FR ACT

 Enacted in 2001

 Regulatory Statutes (notified) in 2003

 Authority Established in 2005

 Launched 20 Feb 2007

 Registration 21 May 2007

 Guidelines for 165 different crops

Crops Covered under the PPVFRA

Rice (Oryza sativa L.) Kidney bean (Phaseolus vulgaris L.)
Bread wheat (Triticum aestivum L.) Pigeonpea [Cajanus cajan (L.) Millsp.]

Maize (Zea mays L.) Indian mustard [Brassica juncea (L).

Czern & Coss.]
Sorghum [Sorghum bicolor (L.) Karan rai (Brassica carinata A Braun)
Moench]
Pearl millet [Pennisetum glaucum (L.) R. Rapeseed (Brassica rapa L.)
Br.]
Chickpea (Cicer arietinum L.) Gobhi sarson (Brassica napus L.)
Mungbean [Vigna radiata (L.) Wilczek] Groundnut (Arachis hypogaea L.)

Urdbean [Vigna mungo (L.) Hepper] Soyabean [Glycine max (L.) Merrill]
Lentil (Lens culinaris Medik) Sunflower (Helianthus annuus L.)
Fieldpea (Pisum sativum L.) Safflower (Carthamus tinctorius L.)

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Crops Covered under the PPVFRA

Castor (Ricinus communis L.) Black pepper (Piper nigrum L.)
Sesame (Sesamum indicum L.) Small cardamom (Elettaria cardamomum
Maton)
Linseed (Linum usitatissimum L.) Turmeric (Curumma Longa L.)
Diploid Cotton (Gossypium arboreum L.) Ginger (Zingiber officinale Rosc.)

Diploid Cotton (Gossypium herbaceum L.) Tomato [Lycopersicon lycopersicum (L.)

Karsten ex. Farw.]
Tetraploid Cotton (Gossypium hirsutum Brinjal (Solanum melongena L.)
L.)
Tetraploid Cotton (Gossypium barbadense Okra [Abelmoschus esculentus ( L.)
L.) Moench]
Jute (Corchorus olitorieus L.) Cauliflower [Brassica oleracea (L. ) var.
botrytis]
Jute (Corchorus capsularis L.) Cabbage [Brassica oleracea (L). var.
capitata]

Crops Covered under the PPVFRA

Onion (Allium cepa L.) Damask Rose (Rosa damascena Mill)
Garlic (Allium sativum L.) Periwinkle [Catharanthus roseus (L.) G
Don]
Rose (Rosa spp.) other than R. damascena Brahmi Bacopa monnieri (L.) Pennell]

Crysanthemum (Chrysanthemum L.) Coconut (Cocos nucifera L.)

Mango (Mangifera indica L.) Bamboo Leaf Orchid or Boat Orchid
(Cymbidium Sw.)
Durum wheat (Triticum durum Desf.) Spray Orchid or Singapore Orchid
(Dendrobium Sw.)
Dicoccum wheat (Triticum dicoccum L.) Vanda or Blue Orchid (Vanda Jones ex R.
Br.)
Other Triticum species
Isabgol (Plantago ovata Forsk.)
Menthol Mint (Mentha arvensis L.)

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OBJECTIVES OF PPV & FR ACT, 2001

• To provide for the establishment of an effective
system for protection of plant varieties and rights of
farmers and plant breeders
• To recognize the farmers in respect of their
contribution made at conserving, improving and
making available plant genetic resources for
development of new plant varieties
• To protect plant breeders’ rights to stimulate
investment for R&D and development of new
varieties
• To facilitate the growth of seed industry to ensure
production and availability of high quality seed /
planting material of improved varieties to farmers.

PPV&FR Act
• Act has 11 chapters, Divided in to 97 clauses.

• The first chapter has title, and the definitions.

• The last chapter is on miscellaneous clauses.

• The other nine chapters deals with :

PPVFR authority, registration of plant varieties,

benefit sharing, surrender and revocation of
certificate, farmer’s rights, compulsory license, plant
varieties protection appellate tribunal, finance,
accounts, audit, infringement, offences and
penalties, etc.

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IMPLEMENTATION OF PPV&FR ACT 2001

• PPV&FR rules notified in 2003
• Authority established on November 11, 2005
• Regulations notified in 2006, 2009
• Publication of Plant Variety Journal of India
• Publication of general guidelines for DUS testing
• Crop specific DUS test guidelines published for 57crop species
• Agro-Biodiversity hotspots
• Maintenance of National Register of Plant Varieties
• Regional offices at Ranchi and Guwahati
• Seed bank at Headquarter
• Field Gene Banks at Dapoli (Maharashtra), Ranchi (Jharkhand) and
Mashobra (Himachal Pradesh)
• Establishment of Gene Fund
• Plant Genome Savior Community Recognition Award

PPV&FR Act provides for :

• Rights of breeders, farmers, researchers and
communities
• Registration of new, EDVs and extant (farmers’
varieties, varieties of common knowledge)
• Gene Fund for awards and recognition of farmers
and Communities engaged in conservation of PGR
• Compulsory licensing
• Benefit sharing
• Convention countries
• Infringements, offences and penalties

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Varieties that can be registered

• Novel Variety
• Extant Variety
• Farmers Variety
• Essentially derived variety

Novelty (Sec 15 (3)a

If at the date of filing of the application
the propagating or harvested material of
such variety has not been sold in India,
earlier than one year

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.

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Extant Variety (Section 2j )

 A variety in public domain is eligible for

protection
 Notified under section 5 of Seeds act 1966
 Farmers’ variety
 A variety about which there is common
knowledge and includes the propagating
material from extant variety

Extant varieties notified under the Seeds Act, 1966

• As extant varieties notified under the Seeds Act have under

gone exhaustive pre-release testing, such varieties have been
exempted from DUS testing under the Act.

• The complete applications are put before Extant Variety

Recommendation Committee of experts constituted under
PPV&FR Regulations, 2006.

• The Committee, after due examination of the application

makes recommendation for their registration.

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VARIETY OF COMMON KNOWLEDGE

Such extant variety shall be registered under Section 2(j)(iii) of PPV & FR
Act, 2001 if the candidate variety is:-

•Not released and notified under the Seeds Act, 1966 but is well
documented through publications and is capable of satisfying the
definition of ‘variety’.

•Under cultivation or marketing during the time of filing of application

for registration.

•The true representative seed of the variety should be available at the

time of filing of application.

•Sold or otherwise disposed off in India more than one year but less than
13 years prior to the date of filing of the application and in case of trees
and vines it should not have been sold or otherwise disposed of 16
years prior to the date of filing of application.

Farmers Variety

 A variety which has been traditionally

cultivated and evolved by the farmers in
their fields or it si a wild relative or land
race of a variety about which the
farmers possess the common knowledge

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EDV: Essentially Derived Variety

• In respect of a variety (the initial variety), shall be said to be essentially
derived from such initial variety when it –

• Is predominantly derived from such initial variety, or from a variety that

itself is predominantly derived from such initial variety, while retaining
the expression of the essential characteristics that results from the
genotype or combination of genotypes of such initial variety;

• is clearly distinguishable from such initial variety; and

• conforms (except for the differences which result from the act of
derivation) to such initial variety in the expression of the essential
characteristics that result from the genotype or combination of genotype
of such initial variety.

• EDV may be derived through various methods viz. Genetic

transformation, Mutation breeding, Tissue Culture, Back Cross breeding
or any other (Ploidy change etc.)
DUS testing guidelines For EDV not developed yet.

Section 15 of Chapter 3
Condition of Protection c

Distinctiveness
Stability
Novelty

Uniformity

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Distinctness
If a variety 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 the application

Uniformity

If, subject to the variation that may

be expected from the particular
features of its propagation it is
sufficiently uniform in its essential
characteristics

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Stability
If, its essential characteristics
remain unchanged after repeated
propagation or, in the case of a
particular cycle of propagation, at
the end of each such cycle

DURATION OF PROTECTION
Period of protection (in Years)
Total Initial Extended
Trees & Vines 18 from date of 9 9
registration

Other Crops 15 from date of 6 9

registration

Extant Notified 15 from date of notification of variety

varieties under the Seeds Act, 1966 by the Central
Govt.

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Steps in registration of plant varieties

• Notification of crop species
• Filing of application
• Examination of application
• Publication of passport data in the Plant
Variety Journal of India
• Conduct of DUS test
• Examination of DUS test result
• Issue of Registration Certificate

Prerequisite for Filing application

Denomination without confusion

Affidavit of variety bereft terminator technology

Passport data with contribution of each

DUS data

Declaration of lawful acquirements of materials

PV I & II

Technical Questionnaire

Fee & seed materials

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Breeders Rights (Sec. 28)

 An exclusive right on the breeder or his successor, his agent
or licensee, to produce, sell, market, distribute, import or
export the variety.

 A breeder may authorize any person to produce, sell, market

or otherwise deal with the variety registered under this Act.

 Breeder shall enjoy provisional protection of his variety

against any abusive act committed by any third party during
the period between filling of application for registration and
decision taken by Authority.

The scope of the breeder's right

(i) Production or reproduction (multiplication),
(ii) Conditioning for the purpose of propagation,
(iii) Offering for sale,
(iv) Selling or other marketing,
(v) Exporting,
(vi) Importing,

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Researcher’s Rights (Sec 30)

Section 30 states that:
Nothing contained in this Act shall prevent-
(a)The use of any variety registered under this Act by any
person using such variety for conducting experiment or
research
(b)The use of a variety as an initial source of variety for the
purpose of creating of other varieties:
Provided that the authorization of the breeder of a
registered variety is required where the repeated use of
such variety as a parental line is necessary for commercial
production of such other newly developed variety.

Farmers Rights (Section 39)

Farmers’ Right on seed : To save their own seed from their crop
and use it for sowing, re-sowing, exchanging, sharing with
and selling to other farmers provided that Farmer will not be
entitled to sell branded seed of a protected variety.

Farmers’ Right to register varieties : Traditional varieties

developed or conserved by farmers and new varieties developed
by them are eligible for registration.

Farmers Right for reward and recognition : Important role played

by farmers individually or collectively as community for
conservation of varietal wealth of crop plants, now being
recognized.

Farmers Right for Benefit Sharing: In case of important role of

Farmers’ varieties for breeding new plant varieties

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