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Title:  How Effective is Sui Generis Plant Variety Protection in India: Some Initial Feedback
Authors: Kochhar, Sudhir
Keywords: Plant variety protection
farmers’ rights
sui generis PVP law
intellectual property rights
extant varieties
premium farmers’ varieties
essentially derived varieties
Issue Date: Jul-2010
Publisher: CSIR
Abstract: The Indian sui generis Plant Variety Protection (PVP) law has a blend of IPR-savvy and public-interest provisions. There is no provision for the sale of farm-saved seed as branded seed as well as the presence of genetic use restriction technology (GURT) or ‘terminator technology’ in the varieties to be registered. Developments related to PVP applications filed and recorded in the initial two-and-a-half to three years since the beginning of registration process in the country suggest that the legislation could not be effective, particularly for the protection and commercial use of extant varieties, including the premium farmers’ varieties. Inadequacy may be seen, for example, in terms of inappropriate notification of genera and species eligible for PVP, low filing of applications even for the notified genera for various categories of extant varieties defined as per law, few grants of IPR titles, little opportunities created/availed for the exclusive commercial use of extant varieties to enhance their cultivation/diffusion in the areas where maximum realization of their productivity and returns were possible, etc. Logic and prospects of licensing/cross-licensing extant varieties including premium farmers’ varieties to small and local seed companies in the short term are discussed.
Page(s): 273-284
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.15(4) [July 2010]

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