The Protection of Plant Varieties and Farmers' Rights Act, 2001
Chapter X Infringement, Offences, Penalties and Procedure Infringement
Subject to the provisions of this Act, a right established under this Act is infringed by a person-
a. who, not being the breeder of a variety registered under this Act or a registered agent or a registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breeder or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be;
b. who uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety registered under this Act in such manner as to cause confusion in the mind of general people in identifying such variety so registered.