Intellectual Property rights and Breeder Rights in floriculture and landscaping especially in Indian context
If you are developing any variety in floriculture PBR will be covered but you have to focus on essentially derived varieties and landscaping method or technique I think could be patented.Anyway please refer PPV&FRA, 2001 in Indian Context and go to its website.
Ok thank you Prakshji.. you mentioned of essentially derived varieties and landscaping method or technique...what does it actually signify?
1. Essentially derived varieties should have details of parentage and otherwise new varieties may be from natural selection from seed origin population and should have distinct characterers from others in population. To register it as a variety it should be tested at multilocation for stabilty of desirable traits.
2. Registration is done at PPVFRA (in India). Breeders usually has/have IPR rights but if it is developed by public funding then organisation has IPR policy for that.
3. Landscaping method if it is innovative then can be patented with registrar of patent (in India).
4. Landscape technique if published then should be referred keeping plagiarism policy under consideration.
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