By increasing the quality and productivity in agriculture, food security can be ensured and the pressure on environment minimised, says Parimal Kowtal.

 

Since the beginning of human civilization plant breeding (PB) has been practiced for thousands of years by individuals such as gardeners, farmers, botanists, horticulturalists and by professional plant breeders employed through government organisations, institutions, universities, crop-specific industry associations or research centers. The development of plant breeding programs for certain endangered species forbids the threat of natural survival, as in the case of medicinal and ornamental plants.

 

Plant breeding can be accomplished through various techniques. The simple age old technique of grafting is implemented by selecting plants with desirable characteristics. Plant breeding developed further through cross breeding and hybridization and these methods of techniques were used for a substantial period. The modern methods make use of the knowledge in genetic engineering, micro-propagation, complex molecular and tissue culture techniques to produce a new and distinct plant breed variety. Plant breeders spend years in developing a new variety of plant, involving substantial investments in terms of money and time. Hence, the process of plant breeding requires lot of patience.

An effective system for the protection of plant variety encourages the breeders to invest in plant breeding and contribute to the development of agriculture, horticulture and forestry, benefiting the society at large.

 

The Plant Variety Right (PVR) or Plant Breeder’s Right (PBR) is an independent form of Sui Generis, an IPR, granted to the breeder of a new plant variety. The new plant species has to be discovered or asexually produced in the variety of the plnt kingdom.

PBR protection is granted to a new plant variety if it fulfills the criteria of novelty, distinctiveness, uniformity and stability (NDUS).

The PBR grant is a well defined process. The seed is submitted to the competent authority who grows it for more than a season and grants the plant breeder protection right after confirming the fulfillment of NDUS. PBR is granted by the national or regional patent office on examining the plant breeder’s application for the plant variety endorsed by the competent or designated authority.

 

The plant breeder can file the grant application on own-self without engaging the services of a designated IPR agent. Once the PBR is granted, the breeder is the exclusive owner of the new plant variety and has exclusive control over the propagating material such as seeds, cuttings and tissue cultures and harvested material such as flowers, fruits and foliage. Any commercialisation of the protected plant variety needs authorization from the PBR holder in the form of a license agreement.

 

The PBR is valid for minimum 25 years for trees and vines and 20 years in case of crops from the date of PBR grant. The PBR grant is valid only in the geographical territory where the plant right grant is applied through the national or regional patent office. The PBR grant is valid in all member states in case the PBR grant is obtained through an Inter Governmental Organizations 

(IGO) office e.g. Community Plant Variety Office (CPVO) in the European Union (EU).

 

In May 2002, the Government of India approved the decision to seek accession to The Union for Protection of New Varieties of Plants (UPOV) - an Inter Governmental Organizations (IGO) based in Geneva, Switzerland.

 

The progress in agricultural productivity in various parts of the world is largely based on improved plant varieties. Improved plant variety yields are better resistant to pests, diseases and droughts or adapting to various environmental and growing conditions. Thus, increasing the quality and productivity in agriculture, horticulture, forestry and minimising the pressure on the environment and ensuring food security.

 

About the Author:

Parimal Kowtal is visiting faculty (IPR) in Department of Electronic Science, Savitribai

Phule Pune University, Pune. For details, contact him on email: parimal.kowtal@gmail.com