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Protection of Plant Varieties and Farmers Rights Act, 2001


34. Revocation of protection on certain grounds.-

Subject to the provisions contained in this Act, the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner of any person interested, be revoked by the Authority on any of the following grounds, namely:-

a.     that the grant of the certificate of registration has been based on incorrect information furnished by the applicant;

b.    that the certificate of registration has been granted to a person who is not eligible for protection under this Act;

c.     that the breeder did not provide the Registrar with such information, documents or material as required for registration under this Act;

d.    that the breeder has failed to provide an alternative denomination of the variety which is the subject matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act;

e.     that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory licence has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder

f.     that the breeder has not complied with the provisions of this Act or rules or regulations made thereunder;

g.    that the breeder has failed to comply with the directions of the Authority issued under this Act;

h.     that the grant of the certificate of registration is not in the public interest: Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity to file objection and of being heard in the matter.



Protection of Plant Varieties and Farmers Rights Act, 2001 Back




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