Can Plant Variety be patented in India?

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.

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Plant Variety and Trademark License Agreement

Broward Florida Plant Variety and Trademark License Agreement

Name: Broward Florida Plant Variety and Trademark License Agreement
Brand: US Legal Forms
Rating: 4.58 (281 reviews)

Category:

Contracts - Trademark License

State:

Multi-State

County:

Broward

Control #:

US-0996BG

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Instant download

Description

Variety licensing is a tool for plant breeding companies and institutions to commercialize their varieties and to transfer technology to farmers efficiently. As the seed industry becomes increasingly privatized, interest in in-licensing new varieties, both from national and international sources, is likely to increase. Likewise, financial pressure on public sector breeding will increase the need for the targeted commercialization of varieties through out-licensing. As the seed sector becomes more transparent, the market should see more foreign investment from companies who wish to make their varieties available through licensing. That, in turn, should promote local seed production and variety testing. The licensee and the licensor should focus primarily on the practical content of the license agreement, specifically, exclusivity to plant material and territory, plant variety protection, variety trials, national registration, royalty payment, and information transfer. The purpose of this chapter is to provide guidance for prospective licensors and licensees in the practical issues of in- and out-licensing of varieties

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FAQ

Plants discovered in "the wild" or uncultivated state cannot be patented, because they occur freely in nature. But a plant discovered in a cultivated area can be patented, even if it is discovered in a cultivated area owned by someone else. In addition, a tuber plant such as a potato cannot be patented.

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.

The Patents Act is clear that plants in whole or part, including seeds, varieties and species and essentially biological processes for production/propagation of plants are not patentable inventions, independent legal researcher Shalini Bhutani told Mongabay-India.

Plant variety protection, also called a plant breeder's right, is a form of intellectual property right granted to the breeder of a new plant variety in relation to certain acts concerning the exploitation of the protected variety which require the prior authorization of the breeder.

A plant patent is granted by the United States government to an inventor (or the inventor's heirs or assigns) who has invented or discovered and asexually reproduced a distinct and new variety of plant, other than a tuber propagated plant or a plant found in an uncultivated state.

A trademark on a plant protects only the plant's name, not the plant cultivar itself, as with a patent. Another person could propagate a trademarked plant, but not call it the same variety name. Examples of trademarked varieties include the popular Wave series of petunias.

As per the Act, the plant varieties has to pass test of novelty, distinctiveness, uniformity, and stability (DUS) in order to be eligible for registration.

The trademarked name must be unique and must have never been used as a cultivar name or in connection with a plant patent, utility patent or certificate for plant variety protection. Descriptive names cannot be trademarked.

According to the Australian Patents Act 1990, plants and animals, and the biological processes for their generation, are not patentable subject matter for an innovation patent.

Trademarks can only be used to indicate the source of the product, not an individual product or cultivar. A series of plants can be trademarked.

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The present litigation began in the Circuit Court of Broward County, Florida, on January 17, 2007. Capacity available at the prescribed levels of service established in the Broward County Land.In the lottery; (3) improper accounting for lottery tickets, revenues, or prizes; or (4) insufficient ticket sales. All existing non-native and exotic species, as listed in the most. In the case that students do not agree with the evaluation of transfer credits, they may appeal the decision to the College's.

Broward Florida Plant Variety and Trademark License Agreement

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