A hybrid new variety of Rice is grown by X. He applied for a patent. Will he succeed in acquiring a patent for the new variety of Rice? Decide with the help of a leading case.

Issue:

1. Whether the application of X for patents is valid? YES

2. Whether X succeeds in acquiring patent? YES

Rule:

Protection of Plant Varieties and Farmers' Rights Act of 2001

Application:

This problem is related to the Patent rights hybrid plant verities. The instant problem is based on Indo-US Basmati Patent Case. In 1997, an American Company Rice Tec Inc, was granted a patent number 5663484 by the US patent offfice to call the aromatic rice grown outside India Basmati. Rice Tec Inc, had been trying to enter the international Basmati market with brands like Kasmati and Texmati described as Basmati-type rice with minimal success. In 2002, as a result of judicial and political challenges, Rice Tec withdrew 15 claims out of 20, thus removing obstacles to Indian rice exports to the US. They also took back its claim on the name 'Basmati'.

The immediate option is to pursue a bilateral approach based on some reciprocity with the Americans to protect our geographical indications while pursuing the WTO route as well. India wins the Basmati Patent case, but the trademark issue remains.

Plant Breeders' Rights (PBR), also known as plant variety Rights (PVR), are rights granted to the breeder of a new variety of plant that give the breeder exclusive control over the propagating material including seed, cuttings, divisions, tissue culture and haryested material, cut flowers, fruit, foliage of a new variety for a number of years.

The Protection of Plant Variety and Farmers Right Act, 2001 is an Act of the Parliament of India enacted to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. Registration of a plant variety gives protection only in India and confers upon the rights holder, its successor, agent, or licensee the exclusive right to produce, sell, market, distribute, import, or export the variety.

Conclusion:

In the instant problem, the application of X for patent of the hybrid new variety of Rice is valid. Hence X succeeds in acquiring patent.