Law Relating to Farmers’ and Plant Breeders' Rights

Unit 1 — Foundation of Plant Varieties and Farmers' Rights

TRIPs Agreement Related to Agriculture · Protection of Plant Varieties and Farmers' Rights in India · Farmer and Plant Varieties National Gene Fund · Farmers' Rights, Researchers' Rights and Rights of Communities

• Trips Agreement, 1994

Unit 2 — Plant Varieties Authority, Registration, Effect of Registration and Tribunal

Plant Varieties Authority- Establishment, Powers and Functions of Authority · Plant Variety Registry · Registration of Plant Varieties · Criteria for Registration of a Variety- Novelty, Distinctiveness, Uniformity, Stability, Denomination · Application for Registration- Who can Apply, Form of Application, Acceptance and Advertisement of Application, Grounds of Opposition, Use of Genetic Material Conserved by Tribal Families · Registration of Essentially Derived Variety · Effect of Registration- Certification of Registration, Term of Protection · Cancellation of Terms of Registration · Plant Varieties Protection Appellate Tribunal- Establishment of Tribunal, Composition of Tribunal- Chairman of the Tribunal- Judicial Member, Technical Member · Procedure · Orders of Tribunal

Unit 3 — Rights on Registration

Rights of Breeder · Right of Benefit Sharing · Right of Registered Agent · Researchers' Rights · Farmers' Rights · Rights of Communities

Unit 4 — Infringement of a Registered Variety

Unit 5 — Offences

False Application of Denomination of a Registered Variety · Prohibition to Apply the Denomination of a Registered Variety · Offences by Companies

Unit 7 — Penalty and Defenses

Penalty for Applying False Denomination · Penalty for Selling Varieties to Which False Denomination is Applied · Penalty for Falsely Representing a Variety as Registered · Penalty for Subsequent Offence · Defences · The above issues are to be studied with special reference to the Protection of Plant Varieties and Farmers’ Rights Act, 2001 with amendments in force and relevant case laws on the subject.