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Protection of Plant Varieties and Farmers Rights Act, 2001


Chapter IV Duration and Effect of Registration and Benefit Sharing

24. Issue of certificate of registration.-

1.     When an application for registration of a variety (other than an essentially derived variety), has been accepted and either-

a.     the application has not been opposed and the time of notice of opposition has expired; or

b.    the application has been opposed and the opposition has been rejected, the Registrar shall register the variety.

2.     On the registration of the variety (other than an essentially derived variety), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy to the Authority or determination of benefit sharing and to such other authority, as may be prescribed, for information. The maximum time required by the Registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety shall be such as may be prescribed.

3.     Where registration of a variety (other than an essentially derived variety), is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.

4.     The Registrar may amend the Register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.

5.     The Registrar shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application.

6.     The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed- may be reviewed and renewed for the remaining period n payment of such

              i.        in the case of trees and vines, eighteen years from the date of registration of the variety;

             ii.        in the case of extant varieties, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and

            iii.        in the other cases, fifteen years from the date of registration of the variety.



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