THE UNIQUE FEATURES OF THE PPVFR ACT:
• Definition of breeder includes a farmer or group of
farmers. Farmer has similar rights, like a breeder
of a variety has. He is entitled to register his variety
for protection under the PPVFR Act. He is also
entitled to save, use, sow, resow, exchange, share
or sell farm saved seed of a variety protected under
the PPVFR Act but not as branded seed.
• Definition of variety, under the PPVFR Act, includes
transgenic variety also. Therefore, the transgenic
variety is also covered under the PPVFR Act for
protection.
• The PPVFR Act provides for researcher’s right
to any person to use a registered variety once,
under the PPVFR Act, to conduct experiment and
research and to create new varieties.
in two different fields
and patent act is not
relevant provision
for IPR protection to
processes and products
related to plant
varieties and seeds
which are produced
through essential
biological processes
(sexual crossing by
pollination or plant
breeding process) to
produce them.
Understanding the
law in context of
transgenics
A patent provides a
right to the patentee
to stop others use
his patented process
or product and also
provides monopoly
rights on its use.
For example, if the
patented product,
say patented
gene sequence, is
incorporated in the
plant by using a
patented process, it
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