Lok Sabha Question No. 540 (STARRED), answered on 2017-04-11
Subject: Patenting of Seeds and Plants
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: SRINIVAS KESINENI

## GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE, COOPERATION & FARMERS WELFARE

## LOK  SABHA STARRED QUESTION NO. 540

TO BE ANSWERED ON THE 11 TH  APRIL, 2017

## PATENTING OF SEEDS AND PLANTS

## *540.     SHRI KESINENI SRINIVAS:

Will  the  Minister  of  AGRICULTURE  AND  FARMERS  WELFARE कृ ष एवं कसान कयाण ½ãâ¨ããè be pleased to state:

- (a) whether section 3(J) of the Patents Act, 1970 does not allow patenting of seeds and plants even if they contain patented gene and if so, the details thereof;
- (b) whether the Protection of Plant Varieties and Farmers Rights (PPV&FR) Authority is overriding the provisions of Section 3(J) of the Patents Act, 1970 and the researcher's and Farmer's  Rights  provided  in  PPV&FR  Act  by  imposing  a  condition  of  requirement  of  No Objection Certificate (NOC) from the Bt. trait provider for granting registration to Bt. cotton hybrids under PPV&FR Act and if so, the details thereof;
- (c) whether there have been instances of manipulation by certain technology companies to impose this NOC in the process of registration of Bt. cotton hybrids under PPV&FR Act and if so, the details thereof; and
- (d) the  steps  being  taken  by  the  Government  to  check  the  anti-farmer  activities  and exploitative practices adopted by the technology companies?

## ANSWER

## MINISTER OF AGRICULTURE AND FARMERS WELFARE

कृ ष एवं कसान कयाण ½ãâ¨ããè

(SHRI RADHA MOHAN SINGH)

- (a) to (d): A statement is laid on the Table of the House.

## STATEMENT  REFERRED  TO  IN  REPLY  TO  PARTS  (a)  TO  (d)  OF  LOK  SABHA STARRED QUESTION NO.  540 DUE FOR REPLY ON 11 TH  APRIL, 2017.

(a): Yes, Madam, Section 3 (j) of the Patents Act, 1970 states as follows:-

'plants  and  animals  in  whole  or  any  part  thereof  other  than  micro-organisms  but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals,' are not inventions within the meaning of this Act for the purpose of grant of patents.  Accordingly, the patenting of plants and animals  or  their  part  thereof  is  excluded  under  Patents  Act  but  micro-organisms  and gene  can  be  patented  under  Patents  Act,  1970.    However,  the  Protection  of  Plant Varieties  and  Farmers'  Rights  Act,  2001  (PPV&FR  Act)  grants  Intellectual  Property Rights (IPR) to plant breeders, researchers and farmers who have developed new and extant plant varieties.

(b): The process to have a declaration under sub-section 18 (1) (h) of the Act that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired is being sought by way of a supporting documents by the Authority from the technology provider for granting registration to Bt. Cotton hybrids under the PPV&FR Act.

(c): There is no manipulation from any side.

(d): Section 39(1)(iii) of PPV&FR Act, 2001 provides that farmers shall be entitled to save, use, sow, re-sow, exchange share or sell their farm produce including the seed of a variety protected under the Act.  However, the farmers shall not be entitled to sell the seeds  of  registered  variety  in  a  branded  manner.    Further,  Section  39(2)  of  the  Act provides  that  if  a  registered  variety  fails  to  give  expected  performance  under  given conditions  then  the  farmers  can  claim  compensation  from  the  registered  breeder. Section 41 enshrines rights of communities under   which  if the contribution of village or

-2- local community is involved in the evolution of any registered variety, then such village or local community can claim compensation from the registered breeder.  In addition to the above, farmers are protected from innocent infringement under section 42 of Act, if any  Essentially  Derived  Variety  (EDV)  is  developed  from  the  Farmers'  variety  the authorization of the farmers are required for registration of such EDV under section 43 of PPV&FR Act, 2001.

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