Protection of Plant Varieties and Farmers' Rights (Amendment) Regulations, 2013.

7f-4- 4, No .510 .70-33004/99 REGD. NO. D. L.-33004/99 Ziivtie &acme of qndia PART II—Section 3 Sub-section (i) PUBLISHED BY AUTHORITY Tt. 105] lat .( , Th-raff 21, 2013/ 141R-To 2, 1934 No. 105] NEW DELHI, THURSDAY, FEBRUARY 21, 2013/PHALGUNA 2, 1934 pia Wit! 3T1975r t, if-Ziff, 2013 * I 31-r4-4-9- 1. 30-44 c01 1-16 T411 : 3ft3T117 3.4-RJ .114-f i El 9-61 ci • -IN • 'TM • 31TP.Ilt I 3 d • VN-4 *114-1 • I'd • it74=1 o o Thtf" I ci I • `1 1 4c-11 : MI : TT-0 c m-T -111 • 3Tr4-49. 4 : ti) urqmr mct utu) f-RTE 7211:1 4 urto • tJT Tef .51Y-a • err 4f3ftd tif 70 Th 3 2 gi 14 n04 2 czi cr) 41-0 qziN I 3. 4-k?1 'TUT 3vi T941-6ZI ZIT 7P-11T1. IT war ft449- -61* 9e Ef it •11,1c-11 qi 31-f4-4Pd: 4 TITUTTJT \511-14,01 : 4"1r1 ZN -1191- • T(9 "UFT- 4T smi 6.(T) 311-714 f+741 c1,1 6c1IURd. - 1 I -161 c: it-qu • t- cl • 3T(14-49.4si 31-r4-1 P4M- : F ffrqr-a- tiri 161 1`. '3e, &IP 3-3 [ PART I I--SEC. 3(i)] -16T U 4 :N ,a • *-d • cr,) q)61 Trt- (-3 : aft fk4R-Grr : -R5M err 3-114q9 : c1ct4c1 AITTA R-TTA-IT c14 *- 'e ti [TIT 3(i)1 (1) c17111 / c1710) 1-1 :- (Parer 'le, a 6-1/13— 3llf4 f4--471 f 4 -mail:6w Tffi 31-m-F t (i) (vi) [ 3171 3(i)] (ix) (i) (ix) (X) f*k5 t ? -a-r-tcr 1e8 61113-5— [PART II--SEc. 3(1)] MINISTRY OF AGRICULTURE (Department of Agriculture and Co-operation) NOTIFICATION New Delhi, the 20th Febtuary, 20 l 3 G.S.R. 116(E).—In exercise of the powers conferred by section 95 of the Protection of Plant Varieties and Farmers' Rights Act, 2001(53 of 2001), the Protection of Plant Varietiés and Farmers' Rights Authority with the pervious approval of the Central Government hereby makes the following Regulations further to amend the Protection of Plant Varieties and Farmers' Rights Regulations, 2006. Short title and Commencement – (1) These Regulations may be called the Protection of Plant Varieties and Farmers' Rights (Amendment) Regulations, (2) They shall come into force on the date of their publication in Official Gazette. In regulation 10 of the Protection of the Plant Varieties and Farmers' Rights Regulations, 2006 (hereinafter referred to as the principal regulations), after the words "for registration" the words" other than application for the registration bf farmers, variety" shall be inserted. 3. For Form I and Form II of the principal regulations, the following Forms shall be substituted, namely:- [See regulation 10] APPLICATION FOR REGISTRATION OF NEW VARIETY AND EXTANT VARIETY UNDER PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001. [See section 18, other than essentially derived variety.] (Instruction to applicant: Wherever a box item appears against queries, please tick the relevant box and provide legibly written/typed response in other queries.) 1. Identity of the Applicant(s): INDIVIDUAL BREEDER SUCCESSOR OF BREEDER INSTITUTIONAL APPLICANT ASSIGNEE OF ANY OF ABOVE' CONVENTION COUNTRY' ANY OTHER' An assignee or legal representative applicant shall submit required proof of the right of making the application in accordance with rule 27. The Gazette Notification of Government of India should cover the country of the applicant and that India enjoys such mutual privileges (see section 31 of the Act) 3. For material developed by participatory plant breeding, attach documents to explicitly show the deal struck between the farmer and the plant breeder. 2. Name(s) and Nationality of Applicant(s) (a.) (If natural person): [Insert additional rows, if required] 1. Serial Number. '2. Name Complete Address Nationality (b.) (If a legal person; for example a firm or company or institution) Name: Address of its seat or establishment: (Registered office): Year of Incorporation: State whether the applicant legal person has non-Indian participation in capital or management: II Yes No If yes, identify the nationality (c.) Indicate the name and address of the natural person, being an employee of the legal person, who is duly authorized to represent the legal person (example a director of a company or a partner of a firm): Name. [PART II—SEC. 3(0] Designation: Address: Telephone: Fax: E-mail: 3. Name and Address of the Person to whom Correspondence related to this application is to be sent: (Attach authorisation in Form-PV-1, if required) Name: Address: Pin: Telephone: Fax: E-mail: General Information of the Candidate Variety: Common name of the Crop: Botanical name4: Family: Denomination (in block letters): Botanical names mean the scientific name approved by the International Code for Nomenclature of Cultivated Plants, 2004. Type of Variety (see chapter III of the Protection of Plant Varieties and Farmers' Rights Rules, 2003) I 1 II NEW VARIETY EXTANT VARIETY 6.(a.) Classification of the Candidate Variety: TYPICAL VARIETY' HYBRID VARIETY* OTHER (SPECIFY) 5. Typical variety means a variety, which is not a hybrid or an essentially derived variety and normally propagated by using propagules saved from previous crop production cycles (Example: pure lines including parental lines/composite varieties or vegetative propagated varieties). *The hybrid and not a transgenic hybrid. In case of transgenic attach copy of the Genetic Engineering Approval Committee clearances for cultivation and seed productions (b.) What is (are) the Distinctness Uniformity Stability feature on the basis of which registration is sought. Explain in detail the group characters (see specific guidelines for details). Attach 'Technical Questionnaire' sheet with all needed details duly signed with seal. II II (c.) If new variety is a transgenic attach clearance on Bio-safety from Ministry of Environment and Forests. 7. Names and Addresses of Breeder(s) who has/have bred the Candidate Name: Address: Telephone: Fax: E-mail: Nationality: *In case of more than one breeder, mention all names as (ii), (iii) and so on in the above format. If required insert extra page. 8.(a.) Details of all other earlier applications made on the candidate variety in convention countries or other countries (if applicable): Variety denomination: Nature of right applied for: 1-1 Plant Breeder's Rights Filing Date (Attach evidence): Name of Country: I I Patent Name of Authority: Application Number: Status of Application: I I Under process I Approved I 1 Rejected (If required, repeat the above for each applicable country and attach separate sheet) (b.) Priority is now claimed in respect of the earliest application for a candidate variety of said denomination (if applicable): In (country): On (date of application): 9. Has the candidate variety been commercialised or otherwise exploited? r7 Yes If yes, please indicate the following: Date of the first sale of the variety: Country (ies) where Protection is made: Denomination used: Trademark used, if any: Variation in important trait with Respect to first filing: (attach sheet) 10.(a.) If the candidate variety is a hybrid, state whether all the parental lines required for the repeated propagation of the hybrid are bred exclusively by the applicant(s): [-Yes I 1 Nob if no, mention which of the parental line is outsourced, whether letter of agreement is obtained for each of the outsourced protected parental lines in compliance with Section 30 of the Protection of the Plant Varieties and Farmers' Rights Act and also provide following information on each of them: Denominations': Source: Authorisation letter obtained: I I Attached 'Denomination should not be altered from what was used at the source. Information on source may include name of breeder or institution or farmer or farming community who had bred and maintained the parental line. Repeat above information for additional applicable parental line. State if any Farmers' Variety or Variety of Common Knowledge or variety in public domain is used as parental line for the repeated propagation of the hybrid: Yes If yes, give following details: Denomination: Geographical Source: Details of Attribution (origin): Details of owner farmer /village community/ Institution/ Organisation: The Protection of Plant Varieties and Farmers' Rights Act, 2001 provides access to benefit sharing to farmers who have conserved the genetic resource that has contributed towards variety development. In this particular case what sort of farmer/community recognition the Applicant has planned? In case exotic germplasm was used in the derivation of the variety or hybrid, give details: Details on the payment of application fee and Distinctness Uniformity Stability testing fee: Amount of fee: Rupees (Rupees only) Demand Draft Number and date: Name of Bank and branch in which the Demand Draft is drawn: (Signature of the Applicant) 1-1 Not attached DECLARATIONS I/We hereby apply for the grant of registration of the candidate variety with the above said denomination and I/we am/are conversant with the Protection of Plant Varieties and Farmers' Rights Act, 2001 and Rules thereof related to this application. I/We hereby declare that no person other than the person or persons mentioned in this application has been involved in the breeding, or discovery or development of the candidate variety. I/We hereby declare that the candidate variety complies with the sub- section (3) of section 29 of Protection of Plant Varieties and Farmers Rights Act, 2001. I/We hereby declare that I/we have not applied for or received a trademark for the said denomination of the variety. I/We hereby attach an affidavit in compliance with clause (C) of sub- section (1) of section 18 of Protection of Plant Varieties and Farmers' Rights Act, 2001. I/We hereby declare that the information given in this application for the registration of the above said candidate variety, including annexure and all supporting documents are complete, true and correct to the best of my/our knowledge, information and belief and no information has been wilfully concealed. I/We hereby declare that genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired. I/We hereby declare that I/We shall abide by all the provisions and guidelines of Protection of Plant Varieties and Farmers' Rights Act, 2001. Signature of Applicants8 Place: Date: 8Wherever the applicants are more than one person each applicant has to sign. In the case of authorised application or application by assignees, such person(s) authorised or assigned shall sign Following are the attachments (duly signed/seal) submitted along with of the application (note that wherever signature is affixed in the application or attachments, all such signatures shall be in the original): complete application ; document of authorisation in Form PV-1 (if applicable) ; document of assignment in Form PV-2 (if applicable); documents in support of (b) and (c) as given above. (If applicable); affidavit that the Terminator Technology and the Genetic Use Restriction Technology is not involved; copy of document on filing date (vide column 8A, if applicable); copy of letter of agreement (vide column 1 OA, if applicable); technical Questionnaire for the Candidate variety (attached); if the applicants by virtue of succession or an assignment of the right to apply for registration attach a proof to show the right to application as stipulated in sub -section (3) of section 18 of the Protection of Plant Varieties and Farmers' Rights Act, 2001; in case of Convention Country applicant attach complete details on the variation in the important trait with respect to first filing as enclosure; (k) in case of Convention Country applicant provide information whether the variety has been sold or otherwise disposed of within or outside the convention Country with details thereof; in case of transgenic relevant Genetic Engineering Approval Committee clearances and approvals; and (m) Fees as applicable; If felt necessary attach colour pictures of specific characteristics used for establishing distinctness. Please sign each page of the application and other document on the left margin. FORM II [See regulation 10] APPLICATION FOR REGISTRATION OF ESSENTIALLY DERIVED VARIETY (EDV) UNDER PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001. [See section 28 of the Act.] (Instruction to applicant: Wherever a box item appears against queries, please tick the relevant box and provide legibly written/typed response in other queries.) 1. Identity of the Applicant(s): INDIVIDUAL BREEDER 17 SUCCESSOR OF BREEDER INSTITUTIONAL APPLICANT OTHERS' II II I For material developed by participatory plant breeding, attach documents to explicitly show the deal struck between farmer and plant breeder 2. Name(s) and Nationality of Applicant(s) (a.) If natural person: [Insert additional rows, if required] 1. Serial Number. Name Complete Address 4. Nationality (b.) (if a legal person; for example a firm or company or institution) Name: Address of its seat or establishment: (Registered Office) Year of Incorporation: State whether the applicant legal person has Non-Indian participation in capital or management: If yes, identify the nationality (ies): II Yes 7 No (c.) Indicate the name and address of the natural person, being an employee of the legal person, who is duly authorized to represent the legal person (example a director of a company or a partner of a firm): Name: Designation: Address: Telephone: Fax: E-mail:, Name and Address of the Person to whom Correspondence related to this application is to be sent (Attach authorisation in Form-PV-1, if required) Name: Address: Telephone: Pin: Fax: E-mail: General Information of the Essentially Derived Variety: Common name of the Crop: Botanical name2: Family: Denomination (in block letters): 2Botanical names mean the scientific name approved by the International Code for nomenclature of cultivated plants, 2004. 5.(a.) Type of Essentially Derived Variety ri TRANSGENIC ri MUTANT II TISSUE CULTURE DERIVED Li BACK CROSS DERIVATIVE PI ANY OTHER (Ploidy Change etc) (b.). If transgenic, attach copy of Genetic Engineering Appraisal Committee (GEAC) clearance and if the Essentially Derived Variety is a transgenic, attach clearance on Bio-safety angel from GEAC of Ministry of Environment and Forest and related seed production permission (Give details). 6.(a.) Classification of the Candidate Variety: TYPICAL VARIETY3 HYBRID VARIETY OTHERS (SPECIFY) 3 Typical variety means a variety, which is not a hybrid or an essentially derived variety and normally propagated by using propagules saved from previous crop production cycles (Example: pure lines including parental lines, synthetic/composite varieties or vegetative propagated varieties). What is (are) the Distinctness, Uniformity, and Stability feature on the basis of which registration is sought. Explain in detail the group characters (see specific guidelines for details). Attach 'Technical Questionnaire' sheet with all needed details duly signed with seal. Whether the authorisation of the breeder of initial variety has been taken II Yes CI No (d.) If yes please attach the copy of Authorisation: 7. Names and Addresses of Breeder(s) who has/have bred the candidate Name: Address: Telephone: Fax: E-mail: Nationality: 4 in case of more than one breeder, mention all names as (ii), (iii) and so on in the above format. If required insert extra page. 8.(a.) Details of all other earlier applications made on the candidate Essentially Derived Variety in convention countries or other countries (if applicable): EMT denomination: I I II I1 Nature of right applied for: Filing Date (Attach evidence): Name of Country: Name of Authority: Application Number: Status of Application. I 1 Plant Breeder's Rights P1 Patent FlUnder process (If required, repeat the above for each applicable country and attach separate sheet) (b.) Priority is now claimed in respect of the earliest applicUtion for an Essentially Derived Variety of said denomination (if applicable): In (country): On (date of application): 9. Has the Essentially Derived Variety been commercialised or otherwise exploited? I I Yes No If yes, please indicate the following: Date of the first sale of the Essentially Derived Variety: Country of first sale of the Essentially Derived Variety: Denomination used: Trademark used, if any: 10.(a.)If the candidate Essentially Derived Variety is a hybrid, state whether all the parental lines required for the repeated propagation of the hybrid are bred exclusively by the applicant(s): I Yes I I No s slf no, mention which of the parental lines are outsourced, whether letter of agreement is obtained for each of the outsourced protected parental lines in compliance with Section 30 of the Protection of Plant Varieties and Farmers' Rights Act and also provide following information on each of them: Source: Authorisation letter obtained: plAttached ri Not attached 6llenomination should not be altered from what was used at the source. Information on source may include name of breeder or institution or farmer or fanning community who had bred and maintained the parental line. Repeat above information for additional applicable parental line. If the candidate Essentially Derived Variety is a hybrid, state any Farmers' variety of common knowledge or in public domain is used as parental line for the repeated propagation of the hybrid: II Yes No If yes, give following details: Denomination: Geographical Source: Details of Attribution (Origin): Details of owner farmer/village community/Institution/Organisation: If the candidate is an Essentially Derived Variety, state whether a variety registered under the Protection of Plant Varieties and Farmers' Rights, Act 2001 and notified in the Plant Variety of Journal of India has been used as the initial variety: 11 Yes I I No If yes provide Denomination: Geographical Source: Details of owner farmer/village community/Institution/Organisation: In case exotic germplasm was used in the derivation of the Essentially Derived Variety or hybrid give details: Details on the payment of application fee and Distinctness Uniformity Stability testing fees': Amount of fee: Rupees (Rupees only) Demand Draft Number and date: Name of Bank and branch in which the Demand Draft is drawn: 7The Distinctness Uniformity Stability testing fee for Essentially Derived Variety will be fixed based on the tests to be conducted but will not be less for what has been fixed for varieties under application-1. (Signature of Applicant) DECLARATIONS I/We hereby apply for the grant of registration of the candidate Essentially Derived Variety with the above said denomination and I am/we are conversant with the Protection of Plant Varieties and Farmers' Rights Act, 2001 and Rules thereof related to this application. 1/We hereby declare that no person other than the person or persons mentioned in this application has been involved in the breeding, or discovery or development of this Essentially Derived Variety denomination. I/We hereby declare that the candidate Essentially Derived Variety complies with the sub -section (3) of section 29 of Protection of Plant Varieties and Farmers' Rights Act, 2001. I/We hereby declare that I/we have not applied for or received a trademark for the said denomination of the Essentially Derived Variety. I/We hereby declare an affidavit- in compliance with clause (c) of sub 2section (1) of section 18 Protection of Plant Varieties and Farmers' Rights Act, 2001 is attached. 1/We hereby declare that the information given in this application for the registration of the above said candidate Essentially Derived Variety, including annexure and all supporting documents are complete, true and correct to the best of my/our knowledge, information and belief and no information has been willfully concealed. I/We hereby declare that Terminator Technology (TT) or Genetic Usage Restrictive Technologies (GURTs) or such ones are not there in this material submitted for registration. I/We hereby declare that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired. 1/We hereby declare that 1/We shall abide by all the provisions and guidelines of Protection of Plant Varieties and Farmers' Rights Act, 2001. Place: Date: Signature of Applicants8 8Wherever the applicants are more than one person each applicant has to sign. In the case of authorised application or application by assignees, such person(s) authorised or assigned shall sign Following are the attachments submitted along with each of the three copies of the application (note that wherever signature is affixed in the application or attachments, all such signatures shall be in the original): complete application; document of authorisation in Form PV-1 (if applicable); document of assignment in Form PV-2 (if applicable); documents in support of (b) and (c) as given above (if applicable); affidavit that the Terminator Technology (TT) and the Genetic Use Restriction Technologies (GURTs) is not involved; copy of document on filing date (vide column 8A, if applicable); copy of letter of agreement (vide column 10A, if applicable); technical Questionnaire for the Candidate variety (attached); If the applicants by virtue of succession or an assignment of the right to apply for registration attach a proof to show the right to application as stipulated in sub section (3) of section 18 of Protection of Plant Varieties and Farmers' Rights Act, 2001; and (j) Fees as applicable. If felt necessary attach colour pictures on the distinctness and other traits. Please sign each page of the application and other document on the left margin. TECHNICAL QUESTIONNAIRE 1 Name of the Applicant/breeder/company: - 2 Year of Establishment: - 3 If registered company under Company's Act 1956 (Give details): - Location of corporate office and address: - 6 Name of candidate variety:- Has it been released in any Convention Country earlier q Yes q No If yes give complete details in column number 13 (Include schematic diagram giving details of varieties, lines, or clones used in the breeding of candidate variety) (c) Breeding of Candidate Variety Origination (Tick the correct one) Controlled pollination / open pollination / induced mutation / spontaneous mutation / introduction / selection / seedling selection / any other (specify) Parental material (name of the parental material, characteristics of the parental material, distinguishable from the candidate variety). If the variety was developed by selection, then the number of selection cycles completed before fixing it. Selection criteria used Stage of selection and multiplication (vi) Location where breeding was conducted 7 Particulars of comparative trial conducted by the applicant, if any. Information on the location, place, period and year/month of comparative trial conducted method of cultivation such as open field, facilities, planting, potting etc., scale of cultivation, reference varieties used, criteria for choice of the reference varieties, design of experiment, method of analysis of variance experimental error where applicable, and other details. NOTE: Applicant may, furnish data, tables, copy (ies) of publication(s) related to the details of breeding, comparative trial and comparative data in addition to table of characteristics of candidate and reference varieties. This information provided under this item will not be published by the Authority but will be used to facilitate examination of candidate variety. 8 Characteristics of the candidate variety Please describe characteristics of the variety in the subheadings: Plant, Stem, Leaf, Inflorescence, Flower and flower parts, Fruit and fruit parts, Seed etc. Describe characters within subheadings generally in the following order: habit, height, length, width, size, shape, colour (RHS colour chart reference with edition). Refer the specific guideline wherever necessary for clarity of description. (a) (I) Give group characters. Op Distinguishing characteristics (descriptive or elaborate) (b) Table of characteristics between candidate denomination and reference variety Please give replicated values for all of its distinguishing and other description for important characteristics along with the corresponding average values of the references varieties. NOTE: Two or more reference varieties should be compared with the candidate variety in the characteristics table, including one deemed to be the most similar variety and other(s) as obvious/similar as possible. If you provide this information it will facilitate the Authority in their DUS test further in examination of the candidate variety. Charaderistics Characteristics value of candidate variety Remarks Measured value etc. Characteristics value of reference variety 9 Characteristics of the reference varieties (a) Most similar variety (i) Denomination , Basis of choice of this variety for comparison Distinguishable Characteristics (b) Other reference variety Denomination Basis of choice of this variety for comparison r NUT Il-T§Pr 3(011 (iii) Distinguishable Characteristics 10 Statement of distinctness of candidate variety Please give a distinctness statement covering a brief summary of the characteristics that distinguish the candidate variety from all varieties of common knowledge. The distinctness statement should include, (i) names of reference variety (ies) that have been observed most similar to the candidate variety, and (ii). salient comparison for major distinguishing characteristics between the candidate variety and the 11 Statement on uniformity and stability of candidate variety Please give a brief statement describing any variation in the variety that may be regarded as part of its normal uniform or stable expression, which is predictable, capable of being described in clear terms and commercially acceptable. This should include description and frequency of any off-types, variants or mutations. In your opinion what should be the frequency of off types or any other describable variation beyond which the candidate variety shall be deem to be non-uniform. Also please point out which are the traits that may be particularly referred to as indicators to determine an unstable expression of the phenotype of candidate variety. 12 Methods for maintaining the candidate variety Please provide in a brief statement as to how the propagating material will be maintained throughout the duration of the plant breeder's right, and complete address where the variety will be maintained. This should include status of varieties that are not propagated by seeds including place and method of maintenance and storage of their vegetative material. NOTE: The holder of a plant breeder's right is responsible for ensuring that propagating material representative of the variety is maintained for the duration of the right. 13 Information on variety registered in Couvention Countries. What were the grouping characters in that application for this candidate variety? What was the Distinctness Uniformity and Stability parameter on which it was registered? (i) c. What is the variation in important trait with respect to first filing and the present one (Attach photograph)? Has the Variety been withdrawn in the first filed country from cultivation or banned or from any of the subsequently released country? If so, the reasons (supplement with information)? 1/We hereby declare that no person other than the person or persons mentioned in this application has been involved in the breeding, or discovery or development of this denomination. Date Signature Signature of Witness and Address Designation of the Breeder/Company with seal The breeder/company should sign with date each page of the Technical Questionnaire. Dr. ATANU PURKYASTHA, it. Secy. Note : The principal regulations were published in the Gazette of India vide G.S.R. 740(E), dated 7th December, Printed by the Manager, Government of India Press, Ring Road, Mayapuri, New Delhi-110064 Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39