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Protection of Plant Varieties and Farmers Rights Act, 2001


26. Determination of benefit sharing by Authority.-

1.     On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed.

2.     On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fee, as may be prescribed: Provided that such claim shall only be submitted by any-

              i.        person or group of persons, if such person or every person constituting such group is a citizen of India; or

             ii.        firm or governmental or non-governmental organisation, if such firm or organisation is formed or established in India.

3.     On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed.

4.     The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2).

5.     While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:-

a.     the extant and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed;

b.    the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed.

6.     The amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the National Gene Fund.

7.     The amount of benefit sharing determined under this section shall, on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides.



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