IPR Services – Plant Varieties & Farmers Rights

The members countries of Trade Related Aspects Intellectual Property Rights Agreement (TRIPs) had the choice to frame legislations that suit there own system and India exercised this option. The existing Indian Patent Law excluded agricultural and horticultural methods of production from patentability. The sui generic system for protection of plant variety was developed integrating the rights of breeders, farmer and village community, and taking care of the concerns for equitable sharing of benefits. It offers flexibility with regard to protected genera/species, level and period of protection, when compared to other similar legislations existing or being formulated in different countries. The Act covers all categories of plants, except micro organisms. Objectives of the law relating to plant varieties are as follows:

  • To provide for the establishment of an effective system for protection of plant varieties
  • To provide for the rights of farmers and plant breeders
  • To stimulate investment for research and development and to facilitate growth of the seed industry
  • To ensure availability of high quality seeds and planting materials of improved varieties to farmers

L&M Service Offering

  • Filing applications for registration of variety, prosecuting applications and obtaining registrations
  • Maintaining variety by sending renewal reminders, automatic renewing and reinstatement not renewed in time
  • Filing and opposing oppositions and rectification and/or revocation against advertised applications and registered variety
  • Investigating infringements and filing actions for infringement both civil and criminal

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