Plant Variety and Trademark License Agreement

State:
Multi-State
Control #:
US-1040BG
Format:
Word; 
Rich Text
Instant download

Description

Plant breeders' rights (PBR), also known as plant variety rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material (including seed, cuttings, divisions, tissue culture) and harvested material (cut flowers, fruit, foliage) of a new variety for a number of years.
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FAQ

The PPVFR Act was passed in 2001 after both the Rajya Sabha and Lok Sabha passed the bill in the parliament. It is considered to be the first Act in the world to consider both farmers' and the breeders' rights. Legal experts say it is also not possible to hold patents of plant varieties in India.

Download a template for a licensing agreement. Choose your role as the licensor or licensee. Define the license(s) in the agreement. Decide whether the license is exclusive or not. Settle the matter of fees and payment schedule. Add a renewal date and rules.

Seed varieties cannot be patented in India. So no one, Indian or foreign, can patent seeds and control our food supply. The Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act allows protection of plant varieties for some years if they are found to be distinct, uniform and stable.

'Variety' means a plant grouping, within a single botanical taxon of the lowest known rank, defined by the reproducible expression of its distinguishing and other genetic characteristics. (

Plant varieties can be protected in the USA under a system of plant patents, or under a system of utility patents or under the Plant Variety Protection Act (PVPA). The Plant Patent Act (see note 3) makes available patent protection to new varieties of asexually reproduced plants.

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Plant Variety and Trademark License Agreement