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Sathyabama Institute of Science and Technology BBA.LL.B - B.B.A.LL.B. (Honours) SAL1953 Farmers and breeders rights Syllabus

Sathyabama Institute of Science and Technology School of Law

SAL1953 FARMERS AND BREEDERS RIGHT
L T P Credit Total Marks
4 1 0 4 100

UNIT 1 – INTRODUCTION 15Hrs.
Introduction to Plant Varieties – Law& Science – Evolution of Plant Patents & Plant Varieties Protection –
Justification for IP Protection –International Treaties and conventions--UPOV convention-TRIPs-ITPGRFA- CBD-Conflict
Between TRIPS Agreement and Other International Treaties-PPV&FR Act, 2001.

UNIT 2 – ESSENTIAL REQUIREMENTS & VARIETIES 17Hrs.
Definitions –Breeder-farmer- variety- Kinds of Varieties: “Extant Variety”- “Farmers’ Variety”-“Essentially Derived
Variety”- Essential Requirements: Novelty, distinctiveness, uniformity & stability (NDUS) – denomination- propagating
material- Plant varieties cannot be protected under the act-duration of protection.

UNIT 3 – EXCLUSIVE RIGHTS TO FARMERS AND BREEDERS 17Hrs.
Farmers Right- Rights to seeds- to register varieties- to reward and recognition as conserver-to information about
expected performance and compensation for under-performance- Right of Priority other rights: Right to benefit sharing- compensation for undisclosed use of traditional varieties- free services-protection from innocent infringement of breeders
right- Breeders’ Rights v. Farmers’ Rights – Researcher’s Rights- Rights of Communities.

UNIT 4 – REGISTRATION, LIMITATIONS & INFRINGEMENT 18Hrs.
Effect of registration and Registration procedure -Surrender and revocation of Certificate- Compulsory License -
Infringement & Remedies – Plant Varieties Protection Appellate Tribunal- National Gene fund -Sui Generis System and
Flexibility- Limits of Effective Sui Generis System.

UNIT 5 – CONTEMPORARY ISSUES IN PPV & FR ACT 18Hrs.
Impact of PPVFR Act on Investment in Plant Breeding- Traditional knowledge and benefit Sharing-Bio piracy –
Genetically modified crops and farmers Interest- Harmonization of the Act with Domestic Socio-Eco-Political Predilections
and International Commitments.
Max.85Hrs.

COURSE OUTCOME:
On completion of the course the Student will be able to
CO1: This course familiarizes Student with PVPR Act, 2001 and international treaties and conventions regarding protection
of plant varieties.
CO2: Understanding the exclusive rights available to farmers and breeders.
CO3: Emphasized on Infringement and defenses to infringement and other limitations.
CO4: Student ultimately will understand the registration procedure and other contemporary issues in PVPR law.
CO5: Centre around the sui generis system for protection of plant varieties developed to integrate the rights of breeders,
farmers and village communities, and taking care of the concerns for equitable sharing of benefits.
CO6: This Course will equip the Student with the required Professional Skills

TEXT/REFERENCE BOOKS
1. W.R.Cornish and D. Llewelyn, “Intellectual Property: Patents, Copyrights, Trade Marks and Allied Rights”, Sweet &
Maxwell.
2. Elizabeth Verkey, “Law of Plant Varieties Protection”, Eastern Book Company, 2007.
3. Lionel Bently and Brad Sherman, “ Intellectual Property Law”, Oxford University Press.
4. B.L. Wadehra, “Law Relating to Intellectual Property”, Universal Law Publishing Co.
5. V.K. Ahuja, “Law Relating to Intellectual Property Rights”, LexisNexis

END SEMESTER EXAMINATION QUESTION PAPER PATTERN
Max. Marks:100 Exam Duration: 3 Hrs.
PART A: 6 Questions to be answered out of 8 questions and each question carries 5 Marks 30 Marks
PART B: 4 questions to be answered out of 8 questions (Internal Choice) and each question carries 10 Marks 40 Marks
PART C: 2 Questions/Problems to be answered out of 4 questions/problems and each carries 15 marks 30 Marks