Lok Sabha Question No. 457 (UNSTARRED), answered on 2016-04-26
Subject: Intellectual Property Rights in Agriculture
Ministry: AGRICULTURE AND FARMERS WELFARE
Asked by: GANESH SINGH

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

## LOK  SABHA UNSTARRED QUESTION NO.457

TO BE ANSWERED ON THE  26 TH  APRIL, 2016

## INTELLECTUAL PROPERTY RIGHTS IN AGRICULTURE

457.   SHRI GANESH SINGH:

Will the Minister of AGRICULTURE AND FARMERS WELFARE ‡ãðŠãäÓã एवं किसान िल्याण ½ãâ¨ããè be pleased to state:

- (a) whether  the  Protection  of  Plants  Varieties  and  Farmer's  Rights  (PPV&FR) Authority has taken steps to implement intellectual property rights in agriculture sector in order to develop new varieties of plants and protect the rights of farmers;
- (b) if so, the details thereof;
- (c) whether  cases  of  intellectual  property  rights  related  to  Indian  crops  have  been filed;
- (d) if  so,  the  details  thereof  along  with  number  of  such  crops  during  the  last  three years and the current year;
- (e) the number of cases disposed of till date and the outcome thereof; and
- (f) the steps being taken for the protection of farmer's rights in this regard?

## ANSWER

MINISTER OF  STATE IN THE  MINISTRY OF  AGRICULTURE AND  FARMERS  WELFARE ‡ãðŠãäÓã एवं किसान िल्याण ½ãâ¨ããÊã¾ã ½ãñâ Àã·¾ã ½ãâ¨ããè (DR. SANJEEV KUMAR BALYAN)

- (a)  &  (b):    Yes,  Madam.  Protection  of  Plant  Varieties  &  Farmers'  Rights  Authority (PPV&FRA)  has taken the following necessary steps to implement Intellectual Property Rights in agriculture to protect the rights of farmers, plant breeders and researchers:-

-  Established Plant Variety Registry, National Gene Bank and Field Gene Banks.
-  Developed  network  of  Distinctiveness,  Uniformity  and  Stability  (DUS)  testing centres at the institutes of Indian Council of Agricultural Research (ICAR)/ Indian Council  of  Forestry  Research  and  Education  (ICFRE)  and  State  Agricultural Universities (SAUs).
-  Developed database software relating to Indian Information System as per DUS guidelines (IINDUS) and Notified & Released Varieties of India (NORV).
-  107 crops / species have been notified for registration of plant varieties including new, extant, variety of common knowledge  and farmers' varieties.
-  2068 certificates of registration have been issued.
-  Authority  confers  Plant  Genome  Saviour  Community  Awards,  rewards  and recognition to the farmer /farming/tribal and  rural communities  for their commendable  role  in  the  conservation    of  Plant  Genetic  Resources  in  areas identified as agro-biodiversity hotspots.

(c) & (d): The details of the  Cases filed  during the last three years and the current years are at Annexure-I.

## (e):   The details of cases disposed of till date and outcome thereof is at Annexure-II.

(f) The PPV&FR Authority is taking the following steps to protect the rights of farmers:-

-  Application form for registration of farmers' varieties has been simplified.
-  Annual fee  in  respect  of  farmers'  varieties  for    retaining  the  registration  under PPV&FR Act, 2001 has been reduced to Rs.10/- per year.
-  Farmers  are  exempted  from  payment  of  any  fee  in  any  proceeding  under  the PPV&FR Act, 2001.
-  Extensive awareness programmes are being conducted by PPV&FR Authority in co-ordination  with  SAUs  /KVKs  to  enhance  awareness  about  the  provisions  of the PPV&FR Act, 2001 including the Farmers' Rights.
-  Out of 11262 applications received for registration, 6492 applications belong to farmers' varieties.
-  Field  Gene  Banks  are  being  established  at  Dapoli,  Ranchi,  Mashobra  and Jodhpur for utilizing them as reference collection for registration of varieties.
-  The  Authority  has  so  far  conferred  10  Plant  Genome  Saviour  Community Awards,  10  Plant  Genome  Saviour  Farmers  Rewards  and  15  Plant  Genome Saviour Farmers Recognition to the farmers and farming communities.

## Part (c) & (d)

## (i) Cases filed before Authority / Registrar

| Particulars / Years    | 2013   | 2014   | 2015   | 2016   |
|------------------------|--------|--------|--------|--------|
| Opposition             | --     | -      | -      | 1      |
| Revocation             | 5      | 1      | -      | -      |
| Benefit Sharing        | -      | 1      | -      | -      |
| Provisional Protection | 5      | -      | -      | -      |

Apart from two oppositions and two revocations which relate to maize, all other cases belong to cotton only.

- (ii) Cases filed before High Court
- (iii) Cases filed before Supreme Court

| Particulars / Years                                       | 2013   |   2014 | 2015   | 2016   |
|-----------------------------------------------------------|--------|--------|--------|--------|
| Appeal against the order of Registrar                     | 2      |      2 | --     | --     |
| Challenging the advertisement / practices of the Registry | -      |      3 | 1      | --     |

| Particulars / Years                                                                  |   2013 | 2014   | 2015   | 2016   |
|--------------------------------------------------------------------------------------|--------|--------|--------|--------|
| Appeal against the order of Delhi High Court which upheld the order of the Registrar |      2 | --     | --     | --     |

## Annexure-I

Part (e) (i)Cases disposed of by Registry/ Authority-8

| Case Number                                                                                                                                                                       | Outcome                                                                                                                         |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------|
| Opposition 1/2008 to Opposition 4/2008                                                                                                                                            | Disposed of and no appeal has been filed and matter has reached finality.                                                       |
| Order dated 29.10.2009 in the matter relating to issue of consideration of category of parental lines of hybrids notified under the Seeds Act, 1966                               | Order challenged in Andhra Pradesh High Court and a direction has been passed to consider the representation of the petitioner. |
| Order dated 12.11.2009 in Application No.2008                                                                                                                                     | Disposed of and challenged in Hon'ble Andhra Pradesh High Court and is sub- judice in W.P.5503/2009                             |
| Order dated 09.03.2010 in delay condonation application in notice of opposition against registration of Cotton parental line C 5193 of Mahyco.                                    | Disposed of and the decision is under challenge before Hon'ble Supreme Court.                                                   |
| Order dated 17.11.2011 passed by Registrar regarding all documents filed in the Plant Variety Registry or Public documents and anybody can have the certified copies of the same. | Upheld by Hon'ble Delhi High Court in WP8431/2011                                                                               |
| Order dated 24.05.2012 in the batch matter relating to the issue of parental lines.                                                                                               | Order of Registrar upheld by Hon'ble Delhi High Court and since no appeal has filed the matter has reached finality.            |
| Order dated 27.08.2013 challenging the rejection of special test of a plant variety.                                                                                              | Issue sub-judice in Delhi High Court in WP `6470/2013                                                                           |
| Order dated 28.10.2013 in the batch matter relating to consideration of category of parental lines of notified hybrids                                                            | Order of Registrar challenged in Hon'ble Andhra Pradesh High Court in W.P. 32462/2013                                           |

## Annexure-II

## (ii)Cases disposed of by High Court -6

| High Court and Case Number                                                 | Outcome                                                                                                                                                                                 |
|----------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Hon'ble Delhi High Court - W.P.8431/2011                                   | Disposed of on 30.11.2011 and Order dated 17.11.2011 passed by Registrar, PPV&FRA has been upheld.                                                                                      |
| Hon'ble Andhra Pradesh High Court- WA 651/2010, 537& 539/2011 & 27663/2010 | Disposed of on 24.01.2012.                                                                                                                                                              |
| Hon'ble Delhi High Court- W.P. (C) 4527/2010 & W.P. (C) 640/2012           | Disposed of on 22.03.2013 and Order dated 09.03.2010 of Registrar, PPV&FRA has been upheld. SLP has been filed in Hon'ble Supreme Court against the said decision of Hon'ble High Court |
| Hon'ble Andhra Pradesh High Court- W.P. 26025/2013                         | Disposed of on 05.09.2013 with a direction to consider the representation of the Petitioner.                                                                                            |
| Hon'ble Delhi High Court-W.P. (C) 4330/2012                                | Disposed of on 09.01.2015 and Order dated 24.05.2012 of Registrar, PPV&FRA was upheld.                                                                                                  |
| Hon'ble Andhra Pradesh High Court- W.P.(C) No.26824/2009                   | Disposed of by Order dated 13.2.2009 with a direction to consider the issue of the petitioners.                                                                                         |

## (iii) Cases disposed of by Supreme Court-1

| Case Number   | Out come                                                                     |
|---------------|------------------------------------------------------------------------------|
| SLP13167/2012 | By Order dated 07.01.2014, matter remanded back to Hon'ble Delhi High Court. |

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