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Plant Varieties

BananaIP Counsels > Plant Varieties

How Wise is it to TRIP Over Food?

This image depicts tomatoes in a zip-lock bag. This post talks about the importance of food protection under the TRIPS agreement. Click on the image to read the full post.

This post was first published on September 8th, 2014.

 

Every country tries its best to ensure that there is no dearth of food. Ensuring that food is of good quality is also important. As much as I’d love to go on talking about food, I will refrain from talking about food per se and concentrate on the legal obligations related to food. This post will concentrate on the relationship between IP and food which is governed by successful research efforts that result in a new plant variety or a plant with new and improved characteristics which qualify for Intellectual Property protection under various national laws and under TRIPS.

The effects of increased use of new biotechnology on the right to food cannot be discussed in isolation, but must also take into account the tendency that biotechnology applications are protected by plants or plant breeders right. Art. 27 of TRIPS gives member states the freedom to exclude from patentability plants and animals other than micro-organisms, and essentially biological processes for the production of plants or animals other than non-biological and microbiological processes. However, member states have to provide for the protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof. India enacted the Protection of Plant Variety and Farmers Right Act, 2001.

Threatened Co-existence of Breeders Rights and Patent Rights

This image depicts two people trying to join a puzzle. This image is relevant as their is a threat to the co-existence of the Breeder's rights and patent rights. Click on this image for more information

This post was last published on September 1st, 2014.

 

Innovation has always been focused on existing plant varieties which scientists use for improvements and for which breeders’ exemption (the right to use protected plant varieties in their research and claim ownership of the results) is granted. But patents don’t provide for a breeders’ exemption and researchers will have to pay for access to patented materials used in their research if they are allowed access at all. Patent stacking has become common practice – it refers to taking out patents for different aspects of a single innovation, forcing several royalty applications and payments.

From the very beginning Plant Variety Protection Law has contained a special provision that the breeder’s rights shall not extend to acts done for the purpose of breeding, or discovering and developing other plant varieties. It already appeared in Art. 5(3) of the 1961 UPOV Convention and can still be found in Art. 15(1)(iii) of the 1991 UPOV Convention and in Art. 15(c) of Regulation 2100/94 on Community Plant Variety Rights [1994] OJ L227/1. It speaks for itself that this rule has also been laid down in many national Plant Variety Protection regulations ever since.

Post-Graduate Diploma in IPR, Patent backlog decreased by 50%, Bayer sued in Brazil and more

The featured image reads Weekly News Updates: Patent News. The logo of intellepedia also forms part of the featured image. To read more click here.

“Patent News Bulletin: Indian Patent Statistics, Indian Industrial Design Statistics, Interesting Inventions, IDENTIFY POLLUTANTS FROM VEHICLE EXHAUST AT TOLL PLAZAS WITH PROVISION OF PENALTY, DRINKABLE SEA WATER: DESIGN INTELLIGENT SOLAR ADSORPTION DESALINATION & COOLING SYSTEM ON SEA WATER, Indian Patent News, DPIIT receives reduced budgetary allocation for Financial Year 2019-20, RMNLU, Lucknow invites applications for Post-Graduate Diploma in IPR, Patent backlog down by 50%, Patent Licensing / Commercialization, TiVo & LG sign expanded IP Licensing Agreement  International Patent News, Brazil cotton farmers sue Bayer and more” presented to you by the Patent attorneys and experts of BananaIP Counsels, India’s leading...

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India on USTR Watch List, Delhi High Court Allows Export of Patented Drugs for Research, Pepsi Offers to Settle with Potato Farmers, and more

“Indian Patent Statistics, Interesting Inventions, USTR puts India and ten other countries in its “Priority Watch List”, Delhi High Court allows export of two cancer drugs patented by Bayer, PepsiCo offers settlement to farmers over potato dispute, Department of Justice, USA launches review into a Government patent used to treat HIV, Director General, Francis Gurry’s leaves a message on World IP Day and other news updates” presented by the Patent attorneys and experts of BananaIP Counsels, India’s leading Patent Firm. QUOTE OF THE WEEK  “Patents are basically rights to try and develop a commercial product.”– Craig Venter, American biotechnologist and businessman. INDIAN PATENT...

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Patentability of Genetically Modified Plant Breeds: The Monsanto Conclusion

The featured image shows a cotton plant. This image has been used in the context as the article relates to a patent infringement suit between Monsanto and Nuziveedu seeds involving Bt cotton. To read more, click here.

On January 8th, 2019, the Supreme Court of India, in the matter of Monsanto Technology LLC v. Nuziveedu Seeds Ltd.[1] held that genetically modified cotton seeds were patentable, and allowed the U.S. based company Monsanto, to file their patent claims. The bench, comprising of Justice Rohinton Fali Nariman and Justice Navin Sinha, set aside the order of the Division Bench of the Delhi High Court, which had held such claims to be inapplicable in India. The Single Judge of the High Court had granted an interim injunction against any sale of Bt cotton seeds using the patent of Mahyco Monsanto...

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Nuziveedu v. Monsanto – Patentability of Gene Sequences in India (Case Brief and Comments)

The featured image shows a DNA strand. To read more click here.

Citation: Nuziveedu Seeds Ltd. and Ors. Vs. Monsanto Technology LLC and Ors., MANU/DE/1388/2018. Brief Facts Monsanto (Monsanto Technology LLC.) holds an Indian Patent (Patent No. 214436, hereinafter referred to as "BT Patent") with respect to gene sequences and methods for inserting such gene sequences into plant cells to express Bacillus thuringiensis (BT) Delta-endotoxin to provide Bollworm resistance in plants. The final granted patent had two sets of claims: one set claiming the isolated, purified and modified gene sequences, and the second set claiming methods of inserting the gene sequences into plant cells. Claims with respect to transgenic plants, hybrid varieties and seeds...

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Intellectual Property (IP) in India: A Decade of Progress Part 7

The featured image is of the Lion Capital which consists of the Ashoka Chakra, with a horse and bull on either sides, and an hoisted Indian flag below it. The Lion Capital is the national emblem of India. The image is related to the post as it is a part of the Sinapse Series"Intellectual Property (IP) in India: A Decade of Progress". To read the post click here.

The post provides updates on the progress of plant varieties filings and registrations in India during the last decade.   The Protection of Plant Variety and Farmers Rights (PPV&FR) Act was enacted in 2001, the PPV&FR Rules were drafted subsequently in 2003.  The PPV&FR Authority was established and made functional in 2005, as per the powers granted to Central Government under section 3 of the PPV&FR Act. The main objective of the Act is not only to cater to the rights and interests of the breeders and researchers, but also to protect the rights of farmers. Since its inception and the establishment of...

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You (don’t) sow what you reap : Monsanto Corporation and Patent Enforcement

The featured image is of a Monsanto facility in Netherlands, as the post in about Monsanto, to read the post click here.

Imagine making a seed which is tolerant to herbicide through genetic engineering? The word ‘making a seed’ itself sounds a bit obscure does it not? But that’s what Monsanto Corporation does. Monsanto Corporation Inc. is a company which only a few have heard of in India, unless you’re in the agriculture & biotechnology field, but this company is one of the largest biotechnology giants in United States and Canada. They are a leading producer in the field of genetically engineered (GE) seeds and herbicides in the world. They also hold patents over these genetically modified genes and cells. A bit too much...

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