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The Protection of Plant Varieties and Farmers' Rights Act, 2001

Contents

 

Sections

Particulars

Chapter I

Preliminary

1

Short title, extent and commencement

2

Definitions

Chapter II

Protection of Plant Varieties and Farmers' Rights Authority and Registry Protection of Plant Varieties and Farmers' Rights Authority

3

Establishment of Authority

4

Meetings of Authority

5

Committees of Authority

6

Officers and other employees of Authority

7

Chairperson to be Chief Executive

8

General functions of Authority

9

Authentication of orders, etc., of Authority

10

Delegation

11

Power of Authority

12

Registry and offices thereof

13

National Register of Plant Varieties

Chapter III

Registration of Plant Varieties and Essentially Derived Variety Application for Registration

14

Application for registration

15

Registrable varieties

16

Persons who may make application

17

Compulsory variety denomination

18

Form of application

19

Test to be conducted

20

Acceptance of application or amendment thereof

21

Advertisement of application

22

Registrar to consider grounds of opposition

23

Registration of essentially derived variety

Chapter IV

Duration and Effect of Registration and Benefit Sharing

24

Issue of certificate of registration

25

Publication of list of varieties

26

Determination of benefit sharing by Authority

27

Breeder to deposit seeds or propagating material

28

Registration to confer right

29

Exclusion of certain varieties

30

Researcher's Rights

31

Special provisions relating to application for registration from citizens of convention countries

32

Provisions as to reciprocity

Chapter V

Surrender and Revocation of Certificate and Rectification and Correction of Register

33

Surrender of certificate of registration

34

Revocation of protection on certain grounds

35

Payment of annual fees and forfeiture of registration in default thereof

36

Power to cancel or change registration and to rectify the Register

37

Correction of Register

38

Alteration of denomination of a registered variety

Chapter VI

Farmers Rights

39

Farmers' right

40

Certain information to be given in application for registration

41

Rights of communities

42

Protection of innocent infringement

43

Authorisation of farmers' variety

44

Exemption from fees

45

Gene Fund

46

Framing schemes, etc.

Chapter VII

Compulsory Licence

47

Power of Authority to make order for compulsory licence in certain circumstances

48

When requirement of public deemed to have not been satisfied

49

Adjournment of application for grant of compulsory licence

50

Duration of compulsory licence

51

Authority to settle terms and conditions of licence

52

Revocation of compulsory licence

53

Modification of compulsory licence

Chapter VIII

Plant Varieties Protection Appellate Tribunal

54

Tribunal

55

Composition of Tribunal

56

Appeals to Tribunal

57

Orders of Tribunal

58

Procedure of Tribunal

59

Transitional provision

Chapter IX

Finance, Accounts and Audit

60

Grants by Central Government

61

Authority Fund

62

Budget, accounts and audit

63

Financial and administrative powers of Chairperson

Chapter X

Infringement, Offences, Penalties and Procedure Infringement

64

Infringement

65

Suit for infringement, etc.

66

Relief in suits for infringement

67

Opinion of scientific adviser

68

Prohibition to apply the denomination of a registered variety

69

Meaning of falsely applying the denomination or a registered variety

70

Penalty for applying false denomination, etc.

71

Penalty for selling varieties to which false denomination is applied, etc.

72

Penalty for falsely representing a variety as registered

73

Penalty for subsequent offence

74

No offence in certain cases

75

Exemption of certain persons employed in ordinary course of business

76

Procedure invalidity of registration is pleaded by the accused

77

Offences by companies

Chapter X

Miscellaneous

78

Protection of security of India

79

Implied warranty on sale of registered variety, etc.

80

Death of party to a proceeding

81

Right of registered agent and the registered licensee to institute suit

82

Evidence of entry in register, etc., and things done by the Authority and the Registrar

83

Authority, Registrar and other officers not compellable to production of Register, etc.

84

Document open to public inspection

85

Report of Authority to be placed before Parliament

86

Government to be bound

87

Proceedings before Authority or Registrar

88

Protection of action taken in good faith

89

Bar of jurisdiction

90

Member and Staff of Authority, etc., to be public servants

91

Exemption from tax on wealth and income

92

Act to have overriding effect

93

Power of Central Government to give directions

94

Power to remove difficulties

95

Power to make regulations

96

Power of Central Government to make rules

97

Rules, regulations and schemes to be laid before Parliament

THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 ACT NO. 53 OF 2001 [30th October, 2001.] An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties; AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders' rights to stimulate investment for research and development, both in the public and private sector, for the development of new plant varieties ; AND WHEREAS such protection will facilitate the growth of the seed industry in the country which will ensure the availability of high quality seeds and planting material to the farmers; AND WHEREAS, to give effect to the aforesaid objectives, it is necessary to undertake measures for the protection of the rights of farmers and plant breeders; AND WHEREAS India, having ratified the Agreement on Trade Related Aspects of Intellectual Property Rights should, inter alia, make provision for giving effect to sub-paragraph (b) of paragraph 3 of article 27 in Part II of the said Agreement relating to protection of plant varieties. BE it enacted by Parliament in the Fifty-second Year of the Republic of India as follows:-



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