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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(2) [March 2011] >
| Title: | Implementation of Indian PPV&FR Act and Rules: Inadequacies Leading to Avoidable Litigation |
| Authors: | Kumar, P Sateesh
Khan, S M
Hora, Manpreet
Rao, M Prabhakar |
| Keywords: | TRIPS
PPV&FR Act
PPV&FR Authority
PVP law
Plant variety protection
New variety
Extant variety
Essentially derived variety
Farmers’ variety
Transgenic
Hybrid
DUS |
| Issue Date: | Mar-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | The Indian Protection of Plant Varieties and
Farmers’ Rights (PPV&FR) Act is now a decade old and PPV&FR
implementation implications are now clearly visible. The shortcomings and
inadequacies in implementation of the Act and the Rules are a matter of grave
concern to the seed industry, in particular, and Indian agriculture, in general.
This needs to be addressed and resolved by the Central Government and the
PPV&FR Authority in order to meet the objectives enshrined in the Act.
These inadequacies are perceived in terms of slow-moving approach for database
maintenance of existing varieties, notification of crop species eligible for
registration, duration and effect of registration of extant notified varieties
and varieties of common knowledge, ambiguity in parent line and hybrid
registration under new variety and/or extant variety category, powers of the
Registrar, advertisements published in Plant Variety journals, registration of
transgenic varieties, parent lines etc. This paper highlights the issues that need
to be resolved to avoid misuse of the Act and thereby unwarranted litigations. |
| Page(s): | 102-106 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(2) [March 2011]
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