Law of Plant Varieties Protection

In India plant variety protection law is one of the nascent branches of intellectual property that has several facets. Being a legislation in its infancy the Courts in India did not have an occasion to interpret the provisions and so Indian case laws are different in this area of law. The attempt (in this book) at tracing the case laws in other jurisdictions will prove useful to the legal fraternity and student community.

This work has been written during a period in which there are considerable developments in the field of plant variety protection and at a time when there is a great dearth of books on the subject. The author has made successful attempts to examine the founding Treaties, Conventions and Legislations that have resulted in the presented harmonization effected by the TRIPS Agreement.

This book on ''Law of Plant Varieties Protection'' by Dr Elizabeth Verkey is an enabling instrument to tackle the great depths of plant variety protection laws and will be a guiding light to legal practitioners, academicians, plant breeders and scientists, and not to forget, the students of the subject.

Table of Cases

• CHAPTER I

• INTRODUCTION

• Importance of Plant Breeding
• Need for Protection
• Distinct features of Plant Kingdom
• Patents versus Plant Variety Protection
• Effects of Plant Variety Protection

• CHAPTER II

• PROTECTION IN EUROPE

• European Patent Convention
• Order Public or Morality
• Plant Variety
• Directive on the Legal Protection of Biotechnological
• Inventions
• Provisions of the Directive
• Community Plant Variety Rights
• Applying for Protection
• Prerogatives of the Rights Holder
• Infringement
• Jurisdiction

• CHAPTER III

• LEGAL SYSTEM IN UNITED STATES

• Plant Patent Act
• Infringement of Plant Patent
• Utility Patents for Plants
• Enabling disclosure
• Deposit of Biological Material
• Plant Variety Protection Act
• Infringement
• Plant Patent Act versus Plant Variety Protection Act:
• Differences

• CHAPTER IV

• PLANT VARIETIES PROTECTION AND FARMERS' RIGHTS IN INDIA

• Tracing History
• Varieties covered by protection
• Essentially Derived Variety
• Conditions for Protection
• Plant Varieties and Farmers' Rights Authority
• Plant Varieties Registry
• Registration of Plant Varieties
• Rights on Registration
• Exclusions to Registration
• Terminator and Verminator Technologies
• Farmers' Rights
• Research Exemption - Breeders' Privilege
• Traditional Knowledge
• Benefit Sharing
• Jeevani - The Miracle Drug
• Benefit Sharing and Biological Diversity Act, 2002
• Compulsory Licence
• Plant Varieties Protection Appellate Tribunal
• Infringement
• Remedies for Infringement

• CHAPTER V

• INTERNATIONAL LEGAL FRAMEWORK

• UPOV Convention
• Meaning of Variety
• Rights of Breeder
• Breeders' Privilege
• Essentially Derived Varieties
• Conditions for grant of breeders' right
• International Treaty on Plant Genetic Resources
• for Food and Agriculture
• Trade Related Intellectual Property Rights Agreement
• Convention on Biological Diversity
• TRIPs and Convention on Biological Diversity

• ANNEXURES

• Protection of Plant Varieties and Farmers' Right Act, 2001
• Protection of Plant Varieties and Farmer's Right Rules, 2003
• Biological Diversity Act, 2002
• Biological Diversity Rules, 2004

• SUBJECT INDEX