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

48. When requirement of public deemed to have not been satisfied.-

In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as Authority shall take into account- referred to in sub-section (1) or sub-section (3) f section 47, the

  i.   the nature of the variety, the time which has elapsed since the grant of the certificate of registration of the variety, price of the seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public; and

  ii.   the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public.