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The Protection of Plant Varieties and Farmers Rights Act

BananaIP Counsels > The Protection of Plant Varieties and Farmers Rights Act

THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT,2001

 

ARRANGEMENT OF SECTIONS

 

CHAPTER I: PRELIMINARY

 

1. Short title, extend and commencement.
2. Definitions.

 

CHAPTER II: PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY

 

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.

 

Registry

 

12. Registry and offices thereof.
13. National Register of Plant Varieties.

 

CHAPTER III: REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY

 

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’ rights.
40. Certain information to be given in the application for registration.
41. Rights of communities.
42. Protection of innocent infringement.
43. Authorization of farmers’ variety.
44. Exemption from fees.
45. Gene Fund.
46. Framing of 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 licence50. 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 APPELLANTE 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

 

64. Infringement.
65. Suit for infringement, etc.
66. Relief in suits for infringement.
67. Opinion of scientific adviser.

 

Offences, penalties and procedure

 

68. Prohibition to apply denomination of a registered variety.
69. Meaning of falsely applying denomination of 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 where invalidity of registration is pleaded by the accused.
77. Offences by companies.

 

CHAPTER XI: 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. Members 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.

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