The Ministry of Food, Agriculture and Livestock (Minfal) will present draft copy of Plant Breeders'' Rights Act to the federal cabinet for its approval, Business Recorder learnt on Monday. "The proposed act is likely to be laid before the cabinet in the coming session, as the ministry was asked to re-draft the preliminary copy", official sources told this correspondent.
The Act would not only meet Pakistan''s commitment with the WTO regime but also provide an effective intellectual property right system in the country for foreign investors. "It will secure the investment of the multilateral companies of their collaboration with local research and breeder companies, which would ultimately help to achieve yield", the official added.
The Act will provide an effective intellectual property right system, for granting intellectual property rights to Plant Breeders for the development of new plant varieties. It would further lead to the establishment of a viable seed industry, which is critical to the development of agriculture in Pakistan ensuring availability of high quality seeds and planting material to the farmers.
It is expedient to provide exemptions to farmers, scientist, researchers, institutes and universities to regulate the plant varieties and other issues connected to it.
Under the Act, the federal government shall establish a Plant Breeder''s Rights Registry attached with Ministry of Food, Agriculture and Livestock to administer and look its affairs. The Registry will promote the development and ensure registration of new plants varieties and managing characterisation and documentation of varieties registered under the Act.
The Registry will also carry a seal and comprises National Register of Protected Plant Varieties through advisory committee and expert groups. Every new plant variety shall be protected under this Act, if it conforms to the criteria of novelty, distinctiveness, uniformity, and stability and designated by an acceptable denomination.
A Certificate of Plant Breeder''s Rights shall be issued in the name of the President of the Islamic Republic of Pakistan and shall be signed by the Registrar of Plant Breeder''s Rights Registry. The Certificate shall be recorded in the Plant Breeder''s Rights Register and the record shall be made publicly available during ordinary business hours.
Notice of issuance of the Certificate shall also be published in the official gazette. The federal government shall also fix a fee for the issuance of a Certificate of Plant Breeder''s Rights. The farmers will be deemed to save, use, sow, re-sow exchange, share or sell their farm produce while they shall not be entitled to sell seed of a variety protected under this Act on a commercial basis.
Any right holder aggrieved by a decision of the Plant Breeder Right Registry for not issuing a Certificate or to cancel a Certificate or to declare it null and void may, within 60 days after being given notice of that decision by the Plant Breeder Right Registry, appeal to the High Court.
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