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

42. Protection of innocent infringement.-

Notwithstanding anything contained in this Act,-

  i.   a right established under this Act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right; and

  ii.   a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such infringement by any court against a farmer who proves, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed.

Protection of Plant Varieties and Farmers Rights Act, 2001 Back

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