|
|
 Plant Varieties and farmer's rights |
||||||||||||
At Mark Innovators, we
will be providing consultation on registration and on various aspects of
new Plant varieties and Farmer's right laws including in future
obtaining appropriate protection and registrations under new Plant
varieties and Farmer's right Act. We have ample experience in
enforcement aspects and cancellation proceedings thereof. A new Plant varieties and Farmer's right Act was enacted in 2001, but is still awaiting notification of the date of enforcement. It purposes is to give this basic elementary information for filing of an application. The feature of Plant varieties is to establish of Plant varieties registry. The basic features of Plant varieties are subject to requirements of the Act and Rules, the same as and when notified. Salient Features: - · The establishment of Protection of Plant Varieties and Farmer's right Authority. · The criteria of Novelty, distinctiveness, uniformity and stability. · The term of Protection, in case of trees and vines, eighteen years from the date of registration. · In case of extant varieties, Fifteen years from the date of notification thereof under section 5 of the seeds Act, 1966 and in other cases fifteen years from the registration. · The breeders depositing seeds or propagating material in the National Gene Bank. · Upon valid registration, breeder or his successor, his agent or licensee having an exclusive right to produce, sell, market, distribute, import or export the variety. · The exclusion from registrations of varieties for which prevention of commercial exploitation is necessary to protect public order, public morality, human, animal or plant life or health or to avoid serious prejudice to environment |
||||||||||||
