In today’s innovative world, protecting your intellectual property is more important than ever.
Origin Legal Works is here to help you safeguard your creations, whether it’s a trademark, patent, copyright, or design. Our IP specialists are equipped to manage every aspect of intellectual property law, from registration and portfolio management to enforcement and litigation.
We understand the value of your intellectual assets, and we are committed to helping you maximise their potential while defending them against infringement.
Let us be your innovation partner, ensuring that your ideas remain yours.
Frequently Asked Questions
- IPR (PATENT)
- Geographical Indications
- Copyright
- Trademark
- Plant Varieties
A patent is a government-granted exclusive right granted to inventors. It allows them control over their creation for a specific period and prohibits unauthorised usage by others.
A provisional patent application provides a filing date and "patent pending" status without a formal examination. In contrast, a complete patent application includes all required documents and undergoes examination to determine patentability and potential grant of patent rights.
In India, inventions contrary to public order or morality, mere discoveries, scientific theories, mathematical methods, methods of medical treatment, plants and animals, essential biological processes for their production, and methods of agriculture or horticulture cannot be patented.
In India, a Utility Model Patent is a form of intellectual property protection that grants exclusive rights to new and valuable inventions for a shorter term than regular patents. It typically focuses on incremental improvements in existing technologies.
In India, the duration of a patent is 20 years from the date of filing the patent application.
In India, the grace period for filing a patent application is 12 months from the date of public disclosure of the invention. This allows applicants to file a patent application within a year of publicising their invention.
The novelty requirement for a patent in India mandates that an invention must be new and not disclosed to the public anywhere in the world before the patent application's filing date.
The process for filing a patent for a pharmaceutical product in India involves:
- Prepare detailed specifications, including descriptions, claims, and drawings.
- File the patent application and the required fees with the Indian Patent Office.
- Examination by the Patent Office to assess compliance with patentability criteria.
- Publication after 18 months.
- Request examination within 48 months.
- Respond to objections.
- Grant of patent.
- Pay annual renewal fees.
Conducting patent searches before filing is significant as it helps identify existing prior art, assess the novelty and patentability of an invention, avoid potential infringement issues, refine the invention, make informed decisions regarding patent filing, and ultimately maximise the chances of obtaining patent protection.
A patent grant in India gives the holder exclusive rights to prevent others from making, using, selling, importing, or distributing the patented invention without authorization.
Obtaining a patent provides legal protection and exclusive rights to your invention, allowing you to prevent others from using, making, or selling it without permission. It can also attract investment, enhance market competitiveness, and generate revenue through licensing or commercialisation.
Yes, patent rights can be transferred in India under Section 68 of the Patents Act, 1970, through a written agreement known as an assignment deed between the current patent holder (assignor) and the new owner (assignee), specifying the terms and conditions of the transfer.
Yes, under Section 68 of the Patents Act, 1970, patent holders in India can sell or license their patents to others in return for royalty payments. This allows the licensee to use the patented invention while the patent holder retains ownership rights and receives compensation for its use.
The Indian government offers several incentives to encourage patent filing, including fee reductions for small entities, startups, and individuals. Additionally, schemes such as the Patent Facilitation Scheme provide financial assistance for filing patents and accessing patent-related services.
Yes, a foreigner or foreign entity can file a patent in India.
Yes, under the Patents Act 1970, individual inventors can file patent applications in India either by themselves or through a legal representative.
Yes, patent applications can be filed online in India through the comprehensive online filing system provided by the Indian Patent Office.
No, hiring a patent lawyer to file a patent application is not legally required. Still, it's advisable to have your patent application reviewed by a patent lawyer before filing it with the patent office.
No, you must not disclose your invention before filing a patent application. However, to maintain its novelty, it's advisable to keep your invention confidential until you've filed the patent application.
You can challenge the validity of a granted patent in India by filing a post-grant opposition within one year of publication or by filing a revocation petition before the Intellectual Property Appellate Board or High Court.
The Indian Patent Office Patent search tab allows you to see the status of a patent application. You must input the patent application number in the' Application Status' tab. After entering the Patent application number, input the provided code and click the ' Show Application Status' button.
To keep your invention confidential before filing a patent, have potential customers sign non-disclosure agreements (NDAs), limiting access to information and avoiding public disclosures.
To prove patent ownership in a dispute, provide the patent certificate, documentation of the invention's conception and development, records of a patent application, and any relevant communication or agreements related to the invention's creation and ownership.
When an individual violates the patent rights of the holder, the holder can choose to commence legal proceedings against the infringing party. This legal action to protect and assert rights over an invention or patent is called patent enforcement.
In India, patent applications follow a "first-to-file" system where priority is given to the initial applicant. When multiple applications for similar ideas arise simultaneously, the Indian Patent Office resolves disputes methodically, considering the priority date of filing. After examination, published applications may face opposition, leading to hearings and eventual determination based on patentability criteria.
The settlement of conflicting patent claims requires a thorough review of the patent system. The country employs a "first-to-file" policy, prioritising the first applicant for a particular invention. When conflicting patent claims arise, the Indian Patent Office begins an assessment procedure to determine whether each application meets patentability requirements such as novelty, inventive step, and industrial applicability.
In India, the patent system resolves overlapping inventions by rigorously examining each application's uniqueness, inventive step, and industrial utility. The Patent Office conducts thorough assessments to determine patentability, considering priority dates to resolve disputes. Applicants must demonstrate uniqueness and innovation to secure patent rights.
The Patents Act of 1970 allows for post-grant objection, which can hinder patent trolls. The Patents Act of 1970 includes provisions for forced licenses. The law requires patentees to work on their innovation to the utmost extent possible without delay. Compulsory licensing and patent work requirements prevent patent trolls from exploiting their rights.
- Patent Duration: Patent duration in India is 20 years from the filing date, providing exclusive rights to the inventor to prevent unauthorised use.
- Patent Cost: A provisional patent application can be drafted and filed for as little as ₹ 9,999 (including government expenses). Filing a patent application in India can cost between ₹30,000 and ₹75,000. Drafting and filing a complete patent application costs starting from ₹28,000.
- Patent Requirement: To get a patent, five standards must be met: patentable subject matter, usefulness, novelty, non-obviousness, and enablement.
The standard procedure to get a patent in India takes 2-3 years, but the expedited route takes around a year.
The patent expired after 20 years from the date of application.
"The time required to design and file a patent application in India is approximately 15 days, after which you will acquire the "patent pending" status. The standard procedure to get a patent in India takes 2-3 years, but the expedited route takes around a year."
- The initial patent filing costs ₹15,000.
- Fee for filing a provisional patent application: The complete filing following a provisional patent application costs ₹20,000.
- Filing a complete ( provisional patent application) costs ₹30,000.
- Immediate publishing is optional and costs ₹2500, ₹6250, or ₹12500 for individuals, small businesses, and non-small organisations.
The patent examination process in India can be expedited by requesting an expedited examination under Rule 24C of the Indian Patents Rules, 2003.
No, a prototype is not required to file a patent in India. Patents can be filed based on the invention's description, drawings, and claims without a physical prototype.
Yes, a specific format exists for drafting a patent application in India. It typically includes sections like background, claims, summary, abstract, drawings, and detailed description, ensuring clarity and completeness for examination by patent authorities.
To be patentable in India, an invention must be a novel product or technique that includes an innovative step and can be manufactured or employed in an industry. In addition, the invention must meet specific criteria for novelty, inventive step, and industrial usefulness.
If someone infringes on your patent in India, you can take legal action against them. Remedies may include injunctions, damages, accounts of profits, and seizure of infringing goods through civil litigation in courts.
1) A process of making a product- Yes, You can
2) Software or computer-related inventions- Yes, You can
3) An international patent- yes, you can
4) A mobile app- yes, you can
5) A business idea- no, you cannot
6) A business method- No, you cannot
7) A chemical compound- yes, you can
8) A combination of existing technologies- No, you cannot
9) A machine or equipment- yes, you can
10) A new plant variety- no, you cannot
11) A new strain of microorganism-
12) A new use or application of an existing product- yes, you can
13) A product with both technical and aesthetic features-
14) A product already in the market- no, you cannot
15) A software algorithm- no, you cannot
16) A software application user interface- no, you cannot
17) Traditional knowledge or folklore- No, you cannot
18) An improvement to an existing invention- yes, you can
A Geographical Indication (GI) is a sign used on products with a specific geographical origin and unique qualities, reputation, or characteristics.
Geographical Indications (GIs) are crucial for protecting regional products from imitation, preserving cultural heritage, promoting economic development, ensuring quality standards, and enhancing consumer trust and confidence in unique products.
In India, geographical Indications (GIs) offer legal safeguards, thwarting the unauthorised use of registered GIs and bolstering export potential. This protection fosters economic growth for local producers, preserving their unique products and cultural heritage.
Any legally recognised entity, such as associations, producers' groups, or authorised organisations established under the law, can apply for Geographical Indication (GI) registration.
The procedure for GI in India involves the following:
- preparing the application. This involves applying the prescribed format (Form GI-1A to ID) and the necessary fee of Rs. 5,000.
- Triplicate submission: Submit the application and three copies of the Statement of Case in triplicate.
- Affidavit: Furnish an affidavit outlining the applicant's particulars and their assertion of ownership or entitlement to the Geographical Indication (GI).
- Size requirements: The application must be typed, lithographed, or printed in Hindi or English on single-sided pages with dimensions approximately 33 cm x 20 cm.
- Principal place of business: State the principal place of business in India and rewrite the statement.
- Map and images: Attach three certified copies of the map of the territory, region, or locality, as well as images of the GI's visual representation.
- Administrative procedures: Undergo preliminary scrutiny and examination, show cause notice, advertisement, opposition registration, corrections and amendments, and finally, registration.
Geographical Indication (GI) protection in India typically lasts ten years initially, renewable indefinitely for successive periods of 10 years each upon timely renewal.
Any association, producers' group, organisation, or legal authority recognised by law may become a registered proprietor, with their name listed in the Geographical Indication Register for the applied geographical indication.
A single producer can apply for Geographical Indication (GI) registration.
Foreign Geographical Indications (GIs) can be registered in India under the Geographical Indications of Goods (Registration and Protection) Act. Additionally, India is a signatory to international conventions like the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which helps recognise and protect GIs globally.
A product must meet specific criteria to qualify for Geographical Indication (GI) protection. First, it should originate from a specific geographical area and possess qualities or characteristics unique to that location. The product should also have a reputation associated with its origin and comply with traditional production methods and defined quality standards.
Geographical origin is crucial in GI products, defining their unique qualities, reputation, and authenticity. It is a hallmark of origin-linked attributes, ensuring consumer trust, protecting against imitation, and preserving cultural heritage and economic value.
The reputation of a Geographical Indication (GI) reflects consumer trust and perception of quality, authenticity, and distinctiveness. This is crucial for market recognition, economic value, and protection against misuse or imitation.
No, a Geographical Indication (GI) cannot be assigned or licensed as it is considered public property owned collectively by the producers associated with the goods.
Yes, The Geographical Indications of Goods (Registration and Protection) Act, 1999, allows for the cancellation or invalidation of a GI registration if it is found to be misleading or deceptive or is not used or fails to comply with the act's provisions.
Yes, a geographical indication can be used as a certification mark in India to indicate the origin and quality of products.
A geographical indication (GI) identifies the geographical origin of a product and its unique qualities. In contrast, a trademark distinguishes the goods or services of one entity from others based on brand identity.
A collective mark is a trademark owned by an organisation, association, or collective group. At the same time, a geographical indication (GI) identifies a product's origin and unique qualities from a specific geographic region.
An authorised Geographical Indication (GI) user is an individual or entity with the legal right to produce, manufacture, or distribute goods associated with a particular geographical indication.
Producers in India can prevent misuse of their Geographical Indication (GI) by registering their GI, enforcing legal protections, monitoring the market, and educating consumers about their products' unique qualities.
Geographical Indication (GI) protection benefits local communities by preserving traditional knowledge, promoting local economies, empowering producers, preserving cultural heritage, and enhancing the reputation and marketability of their products.
The GI Act addresses infringement by providing legal mechanisms, including civil remedies, injunctions, and damages, against unauthorised users. In India, the Geographical Indications of Goods (Registration and Protection) Act, 1999 explicitly prohibits such unauthorised use in Section 22.
Consumers can identify GI products by looking for indications such as labels, logos, or certifications that specifically mention the geographical origin and unique qualities associated with the product. Additionally, they can check official registries or databases for authenticated GI listings.
Geographical Indications (GIs) often embody traditional knowledge as they are linked to specific geographic regions with unique cultural practices, traditional methods of production, and indigenous knowledge of natural resources, contributing to the preservation and recognition of traditional knowledge.
Geographical Indications (GIs) are safeguarded globally through the TRIPS Agreement, which requires member states to establish legal protection. The WIPO-administered Lisbon Agreement offers international registration mechanisms. Bilateral and regional agreements and national laws also contribute to GI protection, ensuring the preservation of products' unique qualities and reputations tied to their specific geographical origins.
- Darjeeling tea
- Alphonso mangoes
- Basmati rice
- Kanchipuram silk sarees
- Banarasi silk sarees
- Nagpur oranges
- Kashmir saffron
- Malabar pepper
- Mysore silk
- Tirupati Laddu
Geographical Indications (GIs) help products stand out by highlighting their unique origins and quality. They inform consumers about where the product comes from and its unique characteristics, building trust and guiding purchasing decisions.
In India, legal remedies for Geographical Indication (GI) infringement typically include:
- Civil Remedies: GI holders can seek civil remedies, such as injunctions, to stop infringing activities and damages and create an account of the infringer's profits.
- Criminal Prosecution: Criminal action can be taken against infringers under The Geographical Indications of Goods (Registration and Protection) Act, 1999, which stipulates fines ranging from 50,000 to 2 Lakhs and imprisonment up to 3 years.
Geographical Indication (GI) protection assures consumers of product quality, authenticity, and origin. It preserves cultural heritage, supports local economies, encourages sustainable practices, and fosters tourism, thus contributing to societal well-being and economic development.
Copyright is a legal right that gives the creator of an original work the sole authority to use and distribute it, generally for a certain period.
Copyright is automatically granted upon creation; no additional actions are necessary. However, it is advisable to register your work to be used as evidence in future legal disputes.
Registering a work can serve as prima facie evidence in legal proceedings regarding copyright ownership. Although not mandatory, it is highly recommended.
The copyright creator enjoys exclusive rights, such as reproducing, distributing, performing, displaying, adapting, licensing, and translating their work.
Yes, you can copyright your work internationally. The signatory states agree to give foreign workers the same protection as workers originating in their own country under the principle of National treatment.
Section 52 of the Indian Copyright Act of 1957 lays down certain exceptions/limitations to copyright protection in India, such as fair use, private or personal (including research) use, criticism or review, and reporting of current events and current affairs.
Works of a person who lacks originality, including mere ideas, facts, slogans, titles, logos, etc., cannot be copyrighted in India.
The concept of fair use of a copyrighted work provides and acts as an exception to copyright infringement. Employing copyrighted material for criticism, commentary, news reporting, educational instruction, scholarships, or research is considered fair use and may not be construed as infringement.
The copyright status of government publications differs across jurisdictions. According to the Indian Copyright Act 1957, if a public undertaking is the first owner of the copyright in a work, the copyright exists until 60 years from the year the work is first published, which applies to government publications(works) as well.
It refers to works that are not protected by IPR laws. Copyright and public domain are interrelated as copyright governs the exclusive rights of creators over their works. In contrast, the public domain refers to materials that are not subject to copyright restrictions and are freely available for use by the public.
Yes, section 52 of the Indian Copyright Act of 1957 provides exceptions to copyright infringement. Infringement also includes reproduction; thus, it is under the purview of Section 52(1).
Section 52 of the Indian Copyright Act excludes copyright infringement, including using a copyrighted work for criticism, review or reporting.
Giving credit to the original creator of a copyrighted work does not grant the right to use the work. Copyright law generally requires obtaining permission from the copyright owner to use their work, regardless of whether credit is given.
Yes, Public domain images can be used by anyone without any restrictions.
Yes, you can sell or transfer your copyright to someone else. Section 18 of the Copyright Act of 1957 outlines the process of assigning copyright. It specifies that the owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign the copyright to any person.
No, you cannot copyright another person's work. Copyright protection is automatically granted to the creator of an original work as soon as it is created and fixed in a tangible form.
Mere ideas, facts, titles, slogans, and concepts cannot be copyrighted, and this only applies to finished works where the work is creative and original.
Copyright infringement occurs when an original copyrighted work is reproduced, distributed, broadcast, etc., without the owner's permission.
The duration of copyright protection guaranteed to a copyright holder is the author's lifetime plus 60 years.
The copyright protection lasts for 60 years after the death of the author.
Yes, dance, choreography, and performance can be copyrighted in India. Sections 38, 39, and 39A of the Copyright Act of 1957 recognise and govern performers' rights, granting them certain protections and entitlements related to their performances.
No, you cannot copyright a domain name or website URL. Copyright law does not protect domain names.
The Copyright Act of 1957 protects original literary, dramatic, musical, and artistic works, including fictional characters in India. However, the protection is for the expression of the character, not the character itself.
Yes, you can copyright a podcast episode or series. Copyright law is relevant to podcasts, episodes or series because it applies to creative and expressive works.
While recipes and culinary skills are considered creative expressions, they do not meet the threshold for copyright protection. The ingredient list and the process of a recipe do not fall under the shelter of copyright protection; only the creative expression, such as the written text of the recipe, may be eligible for copyright protection.
Yes, you can copyright a website or digital content. Digital content, including websites, is protected by copyright law, and the owner has the exclusive right to reproduce, distribute, and display their work.
A trademark is a legally protected symbol, sign, phrase, word, or design used to differentiate a business's products from its competitors and help customers identify and distinguish between different products and services on the market.
Yes, you can trademark your name if it's utilised as a brand for goods or services. However, it needs to fulfil specific criteria, including uniqueness and absence of prior usage by others, while also being associated with a business.
Yes, a trademark can be used internationally through international trademark registration, which allows it to be protected in multiple countries.
Two companies cannot have the same or similar trademark if it leads to consumer confusion. Section 11 disallows the registration of similar or identical trademarks.
Yes, registered trademarks offer legal protection to the owner, allowing them to sue for trademark infringement. An unregistered trademark is still protected under common law, but the owner does not have a registered trademark's full legal benefits and protections.
The opposition process for trademark registration in India allows any person to file a notice of opposition to the Registrar within a specified period after the trademark application has been published. The notice should contain the application details, opposing party details, and grounds of opposition. After the notice is served to the applicant, the applicant must file a counterstatement to the notice of opposition. Subsequently, both parties can respond and present their case during the opposition proceedings. The Registrar then conducts a hearing and considers both parties' written arguments and evidence. After this, the Registrar decides whether the trademark should be abandoned or registered.
No, you do not need a lawyer to register a trademark. While having an attorney represent you before the trademark office is not mandatory, hiring an attorney depends on the individual's specific needs and circumstances.
Visit the Official Website Of Intellectual Property India, http://ipindiaonline.gov.in/eregister/eregister.aspx. Then, on the left side of the page, select the option <Trade Mark Application/Registered Mark>, then Click on <National IRDI Number> and enter the trademark application number and the captcha code.
After entering the details, click on <View> to see the trademark application status, including the applicant's details, application number, class, date, location, trademark name, company description, and product/brand description.
Registering a trademark in India typically takes 18 to 24 months, provided no opposition proceedings exist.
The cost of registering a trademark in India varies depending on the applicant type. The fee is Rs. 4500 for individuals, startups, and small entities. For other applicants, such as corporate bodies, LLPs, partnership firms, joint firms, joint applicants, societies, or trusts, the trademark filing fee is Rs. 9,000 per class.
You can file a trademark application with the Trademark Registrar Office, which has jurisdiction over the state, or online. The examiner will examine the application within 12-18 months. A trademark registration certificate will be prepared and issued if there is no opposition.
A trademark in India is valid for ten years from the date of application. The owner can renew the Trademark by filing a renewal application six months before or after the Trademark's expiration date.
The "®" symbol indicates the official registration of a trademark with government authorities. It signifies legal protection and ownership rights, ensuring the brand's exclusivity.
Under section 29 of the Trademark Act, 1999, the trademark owner has all the legal rights to sue the person who infringes his/her trademark. This includes seeking damages and injunctions to stop further infringement and seizure of infringing goods. The court may also order the destruction of counterfeit goods and award monetary compensation for losses incurred.
Sound marks, smell marks, and colour marks are non-traditional trademarks. Sound marks are distinctive sounds or melodies, like jingles or musical tones. Smell marks consist of unique scents associated with products. Colour marks are defined by specific colours used to differentiate products or services. They can be registered if they are distinctive and identify a particular brand.
A Non-Use Trademark indicates that the registered trademark is not being actively used in connection with the goods and services for which it was registered.
It maintains continuous use and monitors the trademark's usage to prevent non-use cancellation. If any cancellation is initiated, it gathers supportive evidence and counter statements.
The trademark owner can enforce their rights by filing an infringement suit or passing off suit against the person who infringes.
First, resolve trademark disputes amicably through negotiation or mediation. Pursue legal action, including cease-and-desist letters or litigation, to protect your trademark rights if necessary.
Maintaining trademark registration is essential to ensure that it remains valid. The owner can renew the Trademark by filing a renewal application six months before or after the Trademark's expiration date.
To monitor your registered trademark, you can look for any unauthorised use, including similar or confusingly similar brand names. You can monitor both domestically and internationally for comprehensive coverage. You can protect your trademark using trademark symbols such as TM, R, etc.
Protecting your brand from counterfeiting is crucial for preserving your company& reputation, guaranteeing client safety, and safeguarding your intellectual property. To defend your brand from counterfeit items, you must register your trademark, continue monitoring it via social media, and then educate your customers about counterfeit goods and their implications.
Trademark infringement happens when another organisation uses a mark that is confusingly similar to yours, potentially causing brand dilution, lost revenue, and reputational harm. You can protect your brand from infringement by periodically monitoring it for unauthorised usage on online marketplaces and in physical stores. If you discover someone infringing on your trademark, you can write them a cease-and-desist letter requesting they stop using your mark.
To protect your trademark internationally, you must navigate the complexity of intellectual property regulations in different jurisdictions. Utilise the Madrid System for the International Registration of Marks, a centralised system that allows trademarks to be registered in several countries with a single application. Actively monitor and enforce your trademark rights around the world, responding immediately to any instances of infringement.
To prove your trademarks are in commercial use, you must present a statement of use and a "specimen" demonstrating the use of your mark with the applied-for goods and services.
Examples of acceptable specimens include, but are not limited to, the following:
- Images showing the product with a label or tag attached, which reveals the trademarked name.
- Images of the packaging accompanying the product(s) in question.
- Provide images of a retail display or website address displaying the product, trademark, and point of purchase.
To respond effectively to a Trademark office action in India, you should carefully review the issued notice, gather supporting evidence, prepare a comprehensive response addressing raised concerns, file it within 30 days to respond to the trademark examination report, and monitor the application status for any further actions or requirements.
To alter a registered trademark, as per Section 59 of the Trademark Act,1999, prepare five copies of the modified trademark using Form TM-38 and submit them with the application. The alteration must not significantly change the trademark's identity, per Section 59(1). Any modification should not require a new search or introduce new elements. For example, adding a new word or symbol is impermissible.
Plant variety protection, in the form of Plant Breeder's Rights (PBRs), is a legal safeguard granted to breeders for their specific plant varieties.
Plant variety protection (PVP) encourages plant breeders to innovate new varieties by providing them with intellectual property rights. These rights enable breeders to recover their investment in breeding and prevent unauthorised utilisation of their protected varieties.
The Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV&FR Act) governs PVP in India.
PVP in India is governed by a corporate body established by the Central Government under section 3 of the Protection of Plant Varieties and Farmers' Rights Act, 2001. It has a head office and branch offices in India.
In India, Section 39 to 46 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, the PVP grants various rights such as Breeder’s rights, Farmer’s rights, compensation, compulsory licensing, exemptions and protection from innocent infringement.
The duration of protection varies on the category of such variety. The duration of protection for trees and vines(perennials) is 18 years from the date of registration of the variety. For other crops(annuals), it is 15 years from the date of registration of the variety under section 24(6) of (the PPV&FR Act).
According to the Protection of Plant Varieties and Farmers' Rights Act, 2001, any plant variety that fulfils the Distinct, Uniform, and Stable (DUS) criteria and is new in the market is eligible for such protection.
Any person or group of persons under section 16 of (PPV&FR Act) can apply for the registration of a plant variety under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
Section 18 to 24 of the (PPV&FR Act) deals with the process for applying for PVP in India, which first involves applying for registration, after which an examination of that variety will be done, which involves the DUS test after it is found eligible for the application will be published for any objections from the public. If no objections are received or if the objections are resolved in favour of the applicant, the PVP Authority grants a certificate of registration to the applicant.
Complete application form (Form PV-1), Endorsement in Annexure 1 (for farmers' varieties), Gazette Notification of Government of India covering the country of the applicant and that India enjoys mutual privileges (Rule 31 of the Act), Information on parental lines, including their denomination, source, and authorisation letters (if outsourced), Distinctness, Uniformity, and Stability (DUS) testing fee exemption for farmers, group of farmers, Declaration of the lawful procurement of genetic material or parental material (for farmers), Information on transgenic varieties, including Genetic Engineering Approval Committee clearances and approvals, Fees as applicable.
In India, it is three years from the date the application for registration of a plant variety is filed.
The benefits of obtaining PVP in India are that (the PPV&FR Act) recognises and protects the farmers' rights, offering greater freedom to continue saving and reusing seeds from their farm produce and fostering the growth of the seed industry. The act grants scientific researchers the right to conduct experiments with a branded variety to create new ones and improve agricultural productivity.
Sections 68 to 73 of (the PPV&FR Act) deal with penalties for infringement of PVP rights. Penalty for selling varieties with false denomination, applying denomination of a registered variety, falsely representing a variety as registered- imprisonment for a term which may extend to three months, or with a fine which may extend to fifty thousand rupees, or with both. Penalty for applying false denomination- imprisonment for a term which may extend to six months, or with a fine which may extend to one lakh rupees, or with both.
Yes, In India, the (PPV&FR Act) exempts farmers from infringement of PVP rights under certain conditions, fee exemptions during registration and litigation proceedings before the authority, registrar tribunal or the High Court and research exemptions allowing the use of a registered variety for conducting experiments (section 44 of (PPV&FR Act)).
The act provides several exemptions, and farmers and breeders should ensure they don’t misuse the rights conferred to them under the Protection of Plant Varieties and Farmers' Rights Act, 2001.
Yes, there are specific requirements for labelling PVP-protected products in India. According to the Protection of Plant Varieties and Farmers' Rights (PPV&FR) Act, 2001, the labelling requirements include various names, PVP notification, Authorized use, and Contact information.
Yes, a protected variety can be used for research purposes in India. Section 30 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, provides for researchers' rights, allowing the use of a registered variety for conducting experiments.
Yes, a PVP-protected variety can be exported from India. The Protection of Plant Varieties and Farmers' Rights Act, 2001, does not restrict the export of PVP-protected varieties.
No, a PVP-protected variety cannot be patented in India. The Protection of Plant Varieties and Farmers' Rights Act, 2001, protects plant varieties through a sui generis system, which is distinct from the patent system.
Yes, plant varieties protected under the (PPV&FR) Act, 2001can be imported into India. The Act does not restrict the import of PVP-protected varieties. Once a variety is protected under the said Act, the breeder's rights, including the export or import of the protected variety, are recognised and protected.
Yes, plant varieties protected under India's (PPV&FR) Act, 2001 can be used for breeding. The said Act provides certain exemptions allowing the use of a registered variety for conducting experiments, including developing new varieties using the protected varieties as the initial ones.
In India, the protection of plant varieties does not extend beyond the initial duration of protection. There is no provision for extending the protection period beyond these statutory limits.
Yes, plant varieties protected under the Protection of Plant Varieties and Farmers Rights Act (PPV&FR Act) in India can be enforced against unauthorised propagators.
Yes, PVP rights can be revoked in India. Section 34 of the Protection of Plant Varieties and Farmers' Rights Act,2001 provides this.
Yes, PVP rights can be transferred or licensed in India. Section 47-53 of The Protection of Plant Varieties and Farmers' Rights Act,2001 deals with compulsory licensing.
Yes, In India, under section 39(iv) of the Protection of Plant Varieties and Farmers' Rights Act,2001, farmers have the right to save, use, sow, resow, exchange, share, or sell farm produce, including the seed of a protected variety.
Initially, it is heard before the authority or the registrar who has all powers as that of a civil court (section 11 of (PPV&FR) Act, 2001). If any orders passed by such authority is not satisfactory for either of the parties, then they can appeal before the High Court under section 56 of the act, and the High Court shall pass such orders thereon as it thinks fit(section 57 of the (PPV&FR) Act, 2001).