Ipr in agriculture

1. K.SAI SANTHOSH
RAM/13-50
SEED SCIENCE & TECHNOLOGY

2. 2
property
Land and building
Gold and
cash
Intellectual
Trade

4.  It is property that you can’t see.
 It is not real property (land) or personal property (things).
 It is property that can only be perceived by the intellect.
Like Real Property:
 It can be bought, sold, licensed, exchanged, given away.
 The owner can prevent unauthorized use.
 Not simply knowledge or discovery.
 A range of property rights accorded to “creations of the
mind”.
 Intellectual activity resulting from the industrial, scientific,
literary or artistic fields.
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5.  Intellectual Property Rights
IPRs refers to “the legal ownership of by a person or
business of an invention/ discovery attached to a
particular product/ process which protects the
owner against unauthorized copying or
limitation.”
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6. Basic objectives of balanced IP Protection- To
 Acknowledge & appreciate the creative
expression.
 Empower creative persons.
 Promote innovation through exclusive rights.
 Public disclosure to expand knowledge stock.
 Support for markets in technology.
 Support diffusion and incremental innovation.
Technology specialists can induce the larger firms
to license as well.
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The Role of IPRs

7.  Copyright
 Patents
 Plant breeder’s rights(PBR)
 Trade secrets
 Other IPs
 Geographical Indications
 Trade marks
 Industrial Designs
 Integrated Circuits
 Plant Varieties protection
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8.  Nature of IP.
 Pace of Technology Development.
 Associated Costs.
 Security Considerations.
 Need to show Inventions
 Duration of Protection.
 The Type of Protection Sought.

9. Definition:
 The bundle of exclusive rights granted to the
authors/creators of original works of expression that are
fixed into a tangible medium
Exclusive Rights:
 Right to reproduce
 Right to make derivative works
 Right to distribute
 Right to publicly display and perform
 Right to perform sound recordings publicly by means of
digital audio transmissions
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10.  EXAMPLES:
 1.Authored and edited books.
 2.Audio and Video Cassettes.
 3.In Biotechnology the Copyright may cover
DNA sequence data that may be published
 Computer software has been included under
the (Information Technology Act 2000)

11.  The copy right is limited both in time and extent.
 Does not prevent another person from using either idea
or the information contained in a copyright material.

12. Any word, symbol or device (or combination) that
differentiates a company or individual’s products and
services from competitors.
Symbol helps the consumer to identify products of a
particular company.
Mark must be used in connection with public distribution of
goods or services to secure legal rights.
Marks is the symbol is directly related to the company.
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14.  The possibilities are almost limitless.
 Trademarks may be one or a combination of
words, letters, and numbers.
 They may consist of drawings, symbols, three-
dimensional signs such as the shape and
packaging of goods, audible signs or colors used
as distinguishing features.
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15.  An exclusive right given to an inventor by the government to
exclude others from imitating, manufacturing, using or selling
the invention in question for commercial use for specified time.
There are three kinds of patents:
 A utility patent on the functional aspects of products and
processes;
 A design patent on the ornamental design of useful objects;
 A plant patent on a new variety of a living plant.
 Patents do not protect idea, structures and methods
that apply technological concepts.
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16.  1856 Act for protection of inventions on the basis of British law of 1852
 1859 Patent monopolies called exclusive privileges (14 year)
 1872 Patents and Designs Act
 1883 Protection of Inventions Act
 1888 Inventions and Designs Act
 1911-1947 Modern patent era by Patents and Designs Act. First time an
authority call Controller General of Patents appointed
 1959 Justice Ayyangar’s report
 1967 Patent Act bill introduced in the Parliament
 1970 The Patents Act passed by the parliament
 1972 The Patents Act-1970 came into force on April 20, 1972
 1994 Amendment by ordinance to include Exclusive Marketing Rights (EMR’s)
 1999 Amendment passed by the parliament. New patent amendment bill
referred to select committee
 2003 Patents Act 1970 with second amendment comes into force
 2005 Patent Act 1970 (2005 Amendment) comes in to force from 1-1-2005
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17. ◦ Novelty.
◦ Inventiveness.
◦ Industrial application and usefulness.
◦ Patentability.
◦ Disclosure.

18.  Exclude others from making, using or
selling the patented invention for up to 20
years.
 may be licensed or sold.
 does not prohibit non-commercial research.
 In return for full public disclosure of
invention (when filed) and contribution to public
domain at expiry of patent term.
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19.  Rewards time, money & effort associated with
research.
 Stimulates further research as competitors invent
alternatives.
 Encourages innovation and research by permitting
companies to recover R&D costs during period of
exclusive rights.
 Limited term encourages quick commercialization.
Patents allow early exchange of information between
research groups.
 Avoiding duplicate efforts. Increasing general pool of
public information.
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20.  Limitation of time
 Limitation of space.

21. Usually the biotechnology applications comprise the claims
relating to the following subject matters:
(a) Polynucleotides or gene sequences (product and/or process),
(b) Polypeptides or protein sequences (product and/or process),
(c) Vectors (e.g., plasmids) (product and/or process),
(d) Gene constructs or cassettes and gene libraries,
(e) Host cells, microorganisms and stem cells (product and/or
process),
transgenic cells,
(f) Plants and animals tissue culture (product and/or process)
CLAIMS OF BIOTECHNOLOGICAL INVENTIONS
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22.  (g) Pharmaceutical or vaccine compositions
comprising microorganisms,
 proteins, polynucleotides (product and/or process),
 (h) Antibodies or antigen binding fragments thereof
(monoclonal or polyclonal),
 (i) Diagnostic kits and tests, and
 (j) Diagnostic tests (products/process) such as a test
for the detection of a
 mutation in a gene/protein which might be
associated with a particular
 condition such as protein expression or a disease.

23.  Are biotechnological inventions patentable ?
◦ New / novel
◦ Inventive step
◦ Industrial application
◦ Law of the land (non patentable inventions - Morality)
◦ Written Disclosure + Special disclosure requirement
◦ Deposit of Biological Materials
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24. ◦ Biological material isolated from its
natural environment or human body or
produced by a technical process
◦ The industrial application / function of a
genetic material (eg : sequence or a partial
sequence of a gene) must be disclosed in
the patent application
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26.  In US, there are three forms of protections for
plant related inventions. These are
◦ Utility patents,
◦ Plant patent act(PPA),
◦ Plant variety protection act(PVPA)
Patenting of plant related inventions

27. • But under section 3(j) of Indian patents act 1970
plants are not considered patentable subject matter
under section3(h) of the act, and method of
agriculture and horticulture are not patentable.
Similarly, essentially biological processes for the
production or propagation of plants or not patentable
under section 3(j)
• Plant varieties may be protected in India under
PPVFRA which has recently came into force.

28. S.No PATENT
NUMBER
TITLE
1 US5,024,944 Transformation, somatic embryogenesis and
whole plant regeneration method for glycine
species
2 US5,986,181 Transformation and regeneration of fertile
cotton plants
3 EP910239 Transformation of cotton explant with
Agrobacterium
4 WO0042207 Transformation of a soybean germline with
Agrobacterium
Patents related to transformation of dicot plants

29. S.No PATENT
NUMBER
TITLE
1 US6,720,488 Transgenic maize seed and method for
controlling insect pests
2 WO05096806 Edible vaccine in the form of rice
3 AU3402897 Transformation of wheat with
Agrobacterium
4 AU7134298 Transformation of sorghum with
agrobacterium/pioneer hi-bred
Patents related to transformation of monocot plants

30. PATENT AWARDED TO SUBJECT OF PATENT
W.R. Grace and Co. All transgenic cotton
DNA plant Technology All transgenic pepper
Enzo Biochem, Inc. Antisense RNA
Technology
Mycogen Corp. Any method of modifying
the cry gene of
B.thuringiensis

31.  r –DNA technology
 Micro organisms
 Vaccines
 Polymerase chain reaction (PCR)
 DNA/RNA and protein sequences
 DNA sequencing methods
 Hybridoma technology
 Stem cell technology
 Plant tissue culture
 Genetically modified plants and animals
 Cloning of animals, such as dolly and many more

32.  Method of transforming cells or complete biological
entity such as microbes, plants are animals.
 Methods of cloning and expression of desired genes
in the same or different cells.
 Method of optimizing gene expression to produce
useful therapeutic proteins.
 Method of producing transgenic plants or animals.
 Method of screening and detection of specific DNA
sequnces.
 Method of designing probes, primers, recombinant
vectors.


33.  Different cloning vehicles (vectors) such as
plasmids, cosmids, phagemids, etc.
 Probes, primers and oligonucleotides.
 Vaccines and other useful proteins.
 Transgenic / genetically modified organisms.

34.  A gene is a structural unit of inheritance in living
organisms.
 For patenting of DNA/RNA sequences the following
steps should be undertaken:
1.Identify novel genetic sequences.
2.Specify the resulting product from the sequence.
3.Specify how product functions in nature(use).
4.Enable one skilled in the field to use the sequence for its
stated purpose.

35. ◦ DNA sequence
◦ cDNA sequence
◦ Expressed sequence tag (EST)
◦ Single nucleotide polymorphism.
 (note: meet the above mentioned criteria of
patentability)
 The patenting of genes and/or DNA sequences is
popular in the US and EU.
 In india , no product patent protection of DNA/RNA
or genes per se was allowed till January 2005.

36.  This is an important area of research in plants.
 Patentable things under this category are
◦ Transformation techniques
◦ Regeneration protocols
◦ Explants
◦ Transformation vectors
◦ Selectable marker genes
◦ Reporter genes
◦ Promoters and enhancers
◦ Genetically modified plants

37.  Patents in the area of biotechnology have beciome very important in recent
years.
 The basic criteria for patentability are three fold:
◦ Novelty
◦ Inventiveness
◦ Industrial appilication.
 Patents of microorganisms , genes, genetically modified plants and animal
have generated a lot of debate in many countries.
 The latest amendment has mandated india to grant product patents for
genes, drugs, and microorganisms, and most of the other biotechnological
inventions.
 Regarding protection of plant varieties, India choose to opt for the sui
generis system for protection of plants and plant varieties by enacting the
protection of plant varieties and farmers right act 2001(PPVFRA).

38.  PPVFRA may be granted for plant varieties which
have Novelty and exhibit the characteristics of
distinctiveness, uniformity, stability.(DUS)
 This PPVFRA act recognizes farmers as
◦ Innovators
◦ Conservers
◦ Breeders
◦ Preservers
◦ cultivators of plants and plant varieties.

39.  Headquarters : Geneva
 UPOV : 54 Member countries
 Conventions : 1961,1972,1978,1991
 The concept of breeders rights, researchers
exemption and farmers privileges
 Successive changes in UPOV made it more in
favour of breeders/ companies
 Technical guidelines developed for 200 species

40. Passed by Lok Sabha on 9th August, 2001
Passed by Rajya Sabha on 28th October, 2001
Assented by the President of India on 30thOctober,
2001
Act no. 53 of 2001
The Protection of Plant PPV&FR Varieties and
Farmers’ Rights Rules, 2003

41. Major spheres of activity of PPV&FR Act, 2001

42. To provide for the establishment of an effective system
for the protection of plant varieties, the rights of
farmers and plant breeders and to encourage the
development of new varieties of plants;
Protection of farmers rights : With respect of their
contribution made at any time in conserving,
improving and making available plant genetic
resources for the development of new plant varieties;
Protection of Plant Breeders rights : To stimulate
investment for research and development both in
public and private sector for the development of new
plant varieties for accelerated agricultural
development.

43. Registration Voluntary & to be allowed for:
Plant Breeder’s Variety
Extant Variety
Farmer’s Variety
 Plant Breeder’s Variety to satisfy the NDUS
conditions
 Extant Variety & Farmer’s Variety to satisfy only
DUS conditions
 Allows Researchers exemptions and Breeders rights
 Essentially Derived Varieties registration requires
specific approval
 Allows elaborate farmers’ rights
 Period of protection : 15 years for annuals, 18 years
for trees & vines

44. PPV&FR Authority
www.plantauthority.gov.in
Gazette notification on 11th Nov. 2005
Mandate
1. Registration of plant varieties
2. Characterization and documentation of registered
varieties
3. Documentation, indexing and cataloguing of
farmer’s varieties
4. Providing compulsory cataloguing facility for all
plant varieties
5. Ensuring that seeds of all registered varieties are
made available to farmers
6. Collection of comprehensive statistics on plant
varieties, Maintenance of National register of Plant
variety.

45.  Breeders rights
Act shall confer an exclusive right on the
breeder or his successor, his agent or licensee
to produce, sell, market, distribute, import or
export the variety.
 Researchers exemptions
Any variety registered under this act will be
allowed for conducting experiments or
research and using it as an initial source for
creating other varieties.

46.  Plant breeders rights are the rights
granted by the government to a plant
breeder, originator of a variety to exclude
others from producing or
commercializing the propagating material
of that variety for a minimum period of
15-20 years.

47. 1.The opportunity to breeders of obtaining profits from
varieties developed by them will act as an incentive in
promoting plant breeder research.
2. It encourages private companies to invest in plant
breeding activities.
3.It will enable access to varieties developed in other
countries and protected by IPR laws.
4.Inceased competition among various organizations
engaged in plant breeding is likely to be beneficial to
both the farmers and the nation.

48.  PBR will encourage monopolies in genetic material for
specific traits.
 It suppresses free exchange of genetic material and may
encourage unhealthy practices.
 The holder of PBR may produce less seed than the
demand in order to increase prices for achieving more
profit.
 Farmers privilege to resow the seed produced by him
may become diluted/eliminated.
 PBR may increase cost of seed which will burden to the
poor farmers of India and would limit the benefits from
new varieties.

49. 1.Right to register traditional varieties.
2.Right to sell seed.
3.Right to reward and recognition.
4.Protection against innocent infringement.
5.Right to information.
6.Benefit sharing for use of biodiversity
conserved by farming community.

50.  Trade secret is any information that gives a company
a competitive edge over competitors and which the
company maintains a secrete and away from public
knowledge
 EXAMPLES:
 1.Coco Cola company brand syrup formula.
 2.polaroid company instant film chemical formula.
 3.KFC.

51.  They are for unlimited duration .
 It is not necessary to satisfy the rather stringent
requirements for protection under patents.
 The cost of filling, contesting and enforcing patents is
saved.
 The risk of someone improving upon the product,
process, etc. is minimised.

52.  Indications which could be used to recognize that a
good has originated in a particular locality where the
given quality reputation of the good are essentially
attribute to its geographical origin.
 EXAMPLES:
 1.Scotch whisky,
 2.California wines,
 3.Tuscany Olive oil,
 4. Champagne.

53.  The term “Geographical indications” signifies that a product
originates in a country or specific locality where it has been
traditionally produced
 GIs are defined as
 “a good originating in the territory of a member or a region or locality
in that territory where a given quality, reputation or other
characteristic of the good is essentially attributable to its geographical
origin”
 Most GIs relate to agricultural products or those derived from them.
 Handicraft products specific to a region are also registered under GI
Act, 1999.

54. S.no Name of the product State
1. Basmati Rice India
2. Darjeeling Tea (word and Logo) West Bengal
3. Kangra Tea Himachal Pradesh
4. Malabar Pepper Kerala
5. Alleppey Green cardamom Kerala
6. Pokkali Rice Kerala
7. Mango Malihabadi Dussheri Uttar Pradesh
8. Guntur Sannam Chilli Andhra Pradesh
9. Mahabaleshwar Strawberry Maharashtra
10. Madurai Malli Tamil Nadu
11. Udupi Mattu Gulla Brinjal Karnataka

55. S.No Name of the product State
1. Tirupathi Laddoo Andhra Pradesh
2. Bikaneri Bhujia Rajasthan
3. Pochampalli sarees Andhra Pradesh
4. Gadwal sarees Andhra Pradesh
5. Mysore sandal soap and oil Karnataka
6. Phulkari handicraft Punjab, Rajasthan and
Haryana
7. Champagne France

56. Basmati Rice
Muga silk -
Assam
Kolhapuri Chappals
- Maharashtra
Thanjavur Veena
– Tamil Nadu
Chambal Rumal – HP
and Jammu

57. Armagh Apples - Ireland
Kampot Pepper - Cambodia

58.  Prior to 1999, there was no specific legislation to
regulate geographic indication.
 In 1999, India in compliance with TRIPS (Trade
related aspects of Intellectual Property Rights)
enacted the GI Act
Geographical Indication of Goods
(Registration and Protection) Act, 1999.

59.  Registration of GIs is for a period of 10 years or for a
period till the date on which the registration of
geographical indication of authorized users expires,
whichever is earlier.

60.  Provides for registration and better protection for
GIs relating to goods.
 Provides for registration and better protection for
GIs relating to goods.
Provides for registration and better protection
for GIs relating to goods.

61.  In September 1997 a USA company RiceTec Inc. was
granted U.S. on "basmati rice lines and grains."
 The company entered international basmati market
with brands like “Kasmati and Texmati”.
 RiceTec Inc., owned by Prince Hans-
Adam of Liechtenstein, faced international outrage
over allegations of biopiracy.

62.  Two Indian Non Governmental Oragnisations
(Centre for Food Safety and Research
Foundation for Science, Technology and Ecology
with support from Centre for Scientific and
Industrial Research (CSIR) filed a legal petition in
the United States.
The Indian Govt. challenged the patent officially
in June 2000.

63.  The United States Patent and Trademark Office
reviewed the situation.
RiceTec Inc. lost the case and withdrew most of
the claims of the patent, including, most
importantly, the right to call their rice lines
"basmati.
A more limited varietal patent was granted to
RiceTec in 2001 on claims dealing with three
strains of the company’s rice lines.

64.  Turmeric: The CSIR (Council of Scientific and
Industrial Research , India) asked for a re-
examination of the US Patent no. 5 401 504 which
was granted for the wound healing properties of
turmeric.
 In a landmark decision, the United States Patent
and Trademark Office (USPTO) revoked this patent
after ascertaining that there was no novelty, the
innovation had been used in India for centuries
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65.  1.IPR has encouraged monopolies; many take
overs have been motivated by access to an
IPR.
 2.The IPR situations in many cases is quite
complicated.
 3.It is perceived by many as a threat to food
security.
 4.It may be detrimental to the livelihood of the
poor in developing countries.

66. IP protection form Product Legislation
Patent Agrochemicals,
machinery, PHT ,novel
gene, processes
IPA,1970;1999;2002;2005
New variety/extant
variety/farmers variety
distinct, uniform, stable
plant grouping
PPVP&FR Act 2001
GI Products of specific
territorial origin
GI Act 1999
TD/TM/TS/copyright Agrochemicals,
machinery, PHT, software
All Acts in place
Community rights Genetic resources, TK Biodiversity Act, 2002
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