Protection of Plant Variety
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New plant variety or plant breeding involves the discovery or creation of genetic variations in plant species. This requires plant breeders to come up with several permutations and combinations, that would result in the desired variation, and that can be further produced. Much technology and R&D goes into creating such variations and selecting from among the variations. Substantial investment goes into plant breeding in terms of skill, labor, time, material and cost. This module deals with a form of intellectual property that protects new plant varieties and the rights of farmers and plant breeders. We shall explore about the plant breeders' rights, what can be protected under such IP, criteria for protection, registration process and acts that cause infringement of plant variety.
A healthy plant is one that adapts best to the situation in which it finds itself. There is no objective measure of this.
Monty Don- 1. 📕 Protection of plant varieties—Introduction
- I. § Relevant provisions
- 1.1 ▸ Introduction
- 1.2 ▸ Subject-matter of protection of new plant varieties
- 1.3 ▸ Criteria for protection
- 1.4 ▸ Registration of plant variety
- 1.5 ▸ Gene fund
- 1.6 ▸ Rights of plant breeders and farmers
- 1.7 ▸ Compulsory licence
- 1.8 ▸ Infringement and remedies
- I. Exercises
- ✒︎ Exercise set I
- ✒︎ Exercise set II
- ✒︎ Exercise set III
- Learn More
- More on Protection of Plant Variety
Why Take this Course?
The learning objectives of the course are:
- To recognise the various plant varieties that are subject matter of IP protection.
- To examine the criteria for protection of new plant varieties.
- To analyse the process for registration of plant varieties.
- To identify the circumstances that result in infringement of plant variety protection and the legal remedy for infringement.
Instructors
Dr Pratima Narayan
Instructor, EBC Learning & Advocate & Mediator, Co-founder, Techlawlogi Consulting LLP
Dr Pratima Narayan is an Advocate, Mediator and Co-founder of Techlawlogi Consulting LLP. She is an Editor and Consultant at EBC Learning. She has offered courses on consumer law, arbitration, e-commerce, contract law and corporate law on the platform. She has authored a book on ‘Electronic Commerce: Legal Compliance’, published by Eastern Book Company. The book comprehensively outlines the various legal and regulatory frameworks and compliance for e-commerce players. Dr Pratima has served the legal academia for over two decades as a visiting faculty at various reputed law schools and business schools. Dr Pratima holds a Doctorate in Law from the National Law School of India University, Bengaluru.
Presented by: Dr Charu Mathur
Instructor, EBC Learning & AOR, Supreme Court
Dr Charu Mathur has rich and diverse expertise in corporate, commercial, civil, criminal and constitutional law matters. She is an Advocate on Record with the Supreme Court of India. She has represented parties which include cricketing bodies and educational institutions like IIT Jodhpur, NLU Jodhpur, BPUT Orissa, MPUAT Rajasthan, and private engineering and medicine colleges of Gujarat and Orissa.
To such an extent does nature delight and abound in variety that among her trees there is not one plant to be found which is exactly like another; and not only among the plants, but among the boughs, the leaves and the fruits, you will not find one which is exactly similar to another.
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