Plant Variety Protection (PVP Sample Clauses

Plant Variety Protection (PVP. A PVP system is an administrative procedure which an applicant complies with to secure a form of intellectual property right called plant breeders‘ right. This right is awarded in recognition of the intellectual creation of innovative citizens, as applied on plant varieties,particularly the transformation of plants through breeding. It is an exclusive right that enables the holder of the right to prohibit others from exploiting or using the protected plant variety without any permission or license from the rights holder. Exceptions to this right are that any person or farmers may propagate, grow or use a protected variety for purposes other than commerce, or 97 Ibid 98AFSA and GRAIN ,Supra note 47,p.13 99Article 9.3 of the International Treaty on Plant Genetic Resources for Food and Agriculture states that ―Nothing in this Article shall be interpreted to limit any rights that farmers have to save, use, exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate. 100Catherine Xxxx., 2014.Intellectual Property Watch 3 Comments. Available at:xxxx://xxx.xx- xxxxx.xxx/0000/00/00/xxxx-xxxxxxxx-xxxxx-xxxxx-xxxxxxxxxxx-xxxxxxxxx-xxxxx-xxxxxxx-xxxxxxxxxx-xx-xxxxxx/ [accessed onJuly 8,2015] home consumption, use it for further breeding, research and teaching. The right however is limited to a particular time period. To be protected, a variety has to be different from known varieties and has to be new, uniform, distinct, and stable in its essential characteristics, even after a number of reproduction cycles.101Different organizations argue that the criteria used for protection – that varieties are distinct, uniform and stable - lead to genetic erosion and is a cause for the replacement of genetically diverse and locally adapted seeds by genetically uniform modern varieties.102 For example: For hundreds of years, at least, rural people in India have used various parts of the neem tree for a variety of uses ranging from toothpaste to pesticide.103 A number of corporations have taken patents on various inventions employing materials derived from the neem tree in uses that often relate to traditional uses of neem.For instance, In 1994, the European Patent Office104granted X.X. Xxxxx and Co. Butin 1993 India challenged the patentby fearing that their genetic resources and traditional knowledge were coming increasingly under foreign control through the legal mechanism of patents.The patent challenge was filed by the members of the nee...
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Related to Plant Variety Protection (PVP

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