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The Protection of Plant Varieties and Farmers Rights Act, 2001

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

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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