Category Archives: IPFC

International experts in a recent webinar discussed how ‘smart agriculture’ – modern information and communication technologies for agriculture – will radically change the way we do things. Patent databases can play a key role in enabling researchers and innovators to leverage technology for agriculture through up-to-date information. Patents or Intellectual Property databases are relevant, valuable and comprehensive sources of technical and legal information that can be used for research and development of innovations.

Computers, satellites, sensors, automated machines, Internet of Things (IoT), drones and a wide range of technologies allow us to reach levels of precision that were unimaginable a few years ago. Key to driving innovation in smart agriculture is the ability to enable researchers, scholars and innovators to access up to date information and research partnerships.

With India’s focus on smart agriculture, it is critical that researchers and innovators understand the current trends in agricultural innovation. When compared with journals or publications, patent databases are much more advanced and informative. “At the Intellectual Property Facilitation Cell at ICRISAT (IPFC), we always advise researchers to refer to patent literature search for latest information while writing a thesis or a proposal, in addition to manuscripts and journals,” said Dr Surya Mani Tripathi, Legal Counsel at ICRISAT.

Patent databases give researchers access to patents documents that can help them learn more about innovations or options to replicate them. “A patent document contains all the technical, legal and business information pertaining to the innovation,” said Mr Ricardo Oltra Garcia, Team Manager – Operations, European Patent Office (EPO).

• The technical information included in patent documents are linked to each other that allow to access everything around that innovation or field of technology.
• The legal information includes the scope of claims that describe the legal scope of the patent, that is, which part of the innovation has been covered by the particular patent and which isn’t.
• The business information includes who the applicant is, companies that are investing in it and allows one to track trends.

Another big advantage of a patent database is the access to global patent information. Patent landscapes help to see and forecast trends in innovations and help build global partnerships. Patent landscapes also help organizations take informed decisions about their IP strategy.

Espacenet

“This is where the European Patent Office comes in. It has the largest patent database in the world, it has over 120 million documents available free of charge via its tool Espacenet,” said Mr Gerard Owens, Country Coordinator, EPO. All patent information in Espacenet is classified, indexed and easily searchable. Espacenet is linked to another free tool called Patent Translate that helps to translate from English to 33 other languages. It is interesting to note that India happens to be the sixth largest user of Espacenet. Ms Ankita Tyagi, Senior Manager IP, European Business & Technology Centre (EBTC) demonstrated how the Espacenet website works and the various features it includes.

The webinar was jointly organized by the EPO, EBTC and IPFC at AIP of ICRISAT on 10 November 2020. A total of 125 participants including scientists, researchers, and innovators took part in the webinar.

Source: ICRISAT Happenings | 21 Nov 2020 | #1881

Legal experts in plant variety protection noted that registering a new plant variety in India, although time-consuming, can be simplified with a clear understanding of Indian regulatory and legislative frameworks. Steps involved in this registration process were clarified at a recent webinar, along with definitions and various key aspects of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act).

Dr Neeti Wilson, a subject expert and partner at the law firm Anand & Anand, and Dr Surya Mani Tripathi, legal counsel at ICRISAT, took the participants through each step in the plant variety registration process during the webinar, which was moderated by Ms Ankita Tyagi, Senior Manager IP, European Business & Technology Centre (EBTC).

Dr Wilson began described the legal scenario and legislative framework for plant protection in the country. She emphasized that, besides the rules and regulations, there were several public notices issued by the Protection of Plant Varieties and Farmers’ Rights Authority (PPV&FR Authority), Government of India. Some of these public notices include regulations and must be paid close attention to. “For example, last year a public notice was issued on hybrid varieties as to why the hybrids would be registered in a combined manner with their parent line so the notices are very important when we are looking at plant protection variety in India,” Dr Wilson added.

Preparing to file plant variety protection application

Dr Wilson described the criteria for a plant variety to be registered under the PPVFR Act. Currently there are 4,098 registered varieties under the PPVFR Act and 158 species up for registration. She noted that Indian legislative framework was still ‘young’ and evolving in phases. This is because India is developing testing guidelines for each species and that process is time-consuming.

The speakers discussed various milestones in the registration process, noting that the process begins two years before the actual application. They also provided a brief overview on the gamut of applications, forms and fees that need to be planned for, and addressed for a registering a new plant variety. For the pre-application phase, collating all the information on the breeding history and data related to uniformity and stability is a very critical part. “Apart from the forms, the statement of distinctness is the most critical aspect of the application process. This is statement that compares your plant variety with other varieties and shows distinct traits with the support of declarations you submit,” said Dr Wilson.

Plant variety registration procedure

The registration of a plant variety contains four main processes and each process has several steps. The process begins with the application to the Registrar, PPV&FR Authority. “While registration seems looks long and confusing, it can get easier once you become familiar with the processes,” Dr Wilson said. The details of the registration process, the testing phase and the validity of the certificate were also discussed during the webinar.

This webinar, part of a series jointly organized by the European Business & Technology Centre (EBTC) and the Intellectual Property Facilitation Cell (IPFC) at AIP of ICRISAT, was organized on 30 October 2020. A total of 240 participants including scientists, researchers, breeders and farmers took part in the webinar.

A recording of the webinar can be viewed here.

The Plant Variety Journal of India will here on publish Distinctness, Uniformity and Stability (DUS) testing results of crops in India. The testing phase is the most important step in the plant variety registration process and publication of testing data is to ensure transparency, emphasized Dr TK Nagarathna, Registrar at Government of India’s Protection of Plant Varieties and Farmers’ Rights Authority, at a webinar on 26 August.

The journal will start publishing DUS data from its August issue. “The passport information in the journal will provide a hyperlink that can be used to check DUS data online. The photographs will also be published,” Dr Nagarathna said. She was speaking at a webinar organised by the European Business & Technology Centre (EBTC) and the Intellectual Property Facilitation Cell (IPFC) at AIP of ICRISAT on ‘Legal framework for Protection of Plant varieties in India: Challenges and Opportunities’.

Speakers at the webinar introduced Indian law governing intellectual property in crops research, focusing on the Protection of Plant Varieties and Farmers’ Rights Act (PPVFR). They also stressed the importance of registering varieties – both extant and new – to safeguard intellectual property rights. Practitioners of IP law, the regulatory authority, and researchers participated in this first-in-a-series webinar.

Dr Kalpana Sastry, a well-known researcher from the ICAR system who has worked extensively with scientists and entrepreneurs noted pendency in clearing registration applications and lack of awareness of legal rights and guarantees among farmers as challenges faced by users, specifically public sector institutions.

Dr Neeti Wilson, a lawyer specializing in IP management and a partner at the law firm Anand & Anand, provided an overview of international treaties and laws. She discussed CBD, TRIPS, ITPGRFA and statutes in Indian legal system for IP management with respect to plant varieties, farmers’ and breeders’ rights. Dr Wilson noted that the 15-day period given by the Plant Variety Authority to respond to queries raised is often inadequate for scientists or institutions. She recommended a reconsideration of timelines during the application filing process.

Dr Nagarathna noted that a new time-targeted system has been implemented after September 2018 which has expedited the registration process. The new system has helped clear applications faster in the last two years and has also reduced pendency, she said. She added that the government will soon roll out an online system for filing applications which will help expedite the process.

A panel discussion followed the presentations. Dr Surya Mani Tripathi, Legal Counsel, ICRISAT, and Ms Hana Onderkova, Head, IP, EBTC, moderated the discussion. Dr Tripathi highlighted matters including infringement while discussing rights under PPVFR. Dr Wilson noted that in case of infringement, all data and evidence of infringement should be gathered. Having up-to-date certification and testing data, including a DNA test and other lab tests results, is useful to counter infringement, she said.

Other takeaways from the webinar:

• The deadline for sending applications for registration has been extended by three months (until October 2020) due to the pandemic.
• Frequently asked questions (FAQs) on the PPVFR website were updated in the last week of August. They are now open to public.
• To protect the interest of plant breeder, the Plant Protection Authority has provided provisional protection for breeders for the period between date of application and date of grant.
• DNA fingerprinting is now added to the DUS testing of a plant variety along with the regular field testing protocols.
• PPVFR’s has revised its focus on Post-PVP registration scenario, including plans to assist commercialisation and bring monetary benefits to the registered varieties.

A recording of the webinar can be viewed here .