CHAPTER IV: DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
24. Issue of certificate of registration.—
(1) When an application for registration of a variety (other
than an essentially derived variety) has been accepted and either—
(a) the application has not been opposed and the time of notice of opposition has expired; or
(b) the application has been opposed and opposition has been rejected,
the Registrar shall register the variety.
(2) On the registration of the variety (other than an essentially derived variety), the Registrar shall
issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the
Registry and send a copy to the Authority for determination of benefit sharing and to such other authority,
as may be prescribed, for information. The maximum time required by the Registrar for issuing the
certificate of registration from the date of filing of the application for registration of a variety shall be
such as may be prescribed.
(3) Where registration of a variety (other than an essentially derived variety), is not completed within
twelve months from the date of the application by reason of default on the part of the applicant, the
Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as
abandoned unless it is completed within the time specified in that behalf in the notice.
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a
clerical error or an obvious mistake.
(5) The Registrar shall have power to issue such directions to protect the interests of a breeder against
any abusive act committed by any third party during the period between filing of application for
registration and decision taken by the Authority on such application.
(6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be
valid for nine years in the case of trees and vines and six years in the case of other crops and may be
reviewed and renewed for remaining period on payment of such fees as may be fixed by the rules made in
this behalf subject to the condition that the total period of validity shall not exceed,—
(i) in the case of trees and vines, eighteen years from the date of registration of the variety;
(ii) in the case of extant variety, fifteen years from the date of the notification of that variety by
the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and
(iii) in other cases, fifteen years from the date of registration of the variety.
25. Publication of list of varieties.—
The Authority shall, within such intervals as it thinks
appropriate, publish the list of varieties which have been registered during that interval.
26. Determination of benefit sharing by Authority.—
(1) On receipt of a copy of the certificate of
registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall
publish such contents of the certificate and invite claims of benefit sharing to the variety registered under
such certificate in the manner as may be prescribed.
(2) On invitation of the claims under sub-section (1), any person or group of persons or firm or
governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety
in the prescribed form within such period, and accompanied with such fees, as may be prescribed:
Provided that such claim shall only be submitted by any—
(i) person or group of persons, if such person or every person constituting such group is a citizen
of India; or
(ii) firm or governmental or non-governmental organisation, if such firm or organisation is
formed or established in India.
(3) On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the
breeder of the variety registered under such certificate and the breeder may, on receipt of such copy,
submit his opposition to such claim within such period and in such manner as maybe prescribed.
(4) The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim
received under sub-section (2).
(5) While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its
order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into
consideration the following matters, namely:—
(a) the extent and nature of the use of genetic material of the claimant in the development of the
variety relating to which the benefit sharing has been claimed;
(b) the commercial utility and demand in the market of the variety relating to which the benefit
sharing has been claimed.
(6) The amount of benefit sharing to a variety determined under this section shall be deposited by the
breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the
National Gene Fund.
(7) The amount of benefit sharing determined under this section shall, on a reference made by the
Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate
within whose local limits of jurisdiction the breeder liable for such benefit sharing resides.
27. Breeder to deposit seeds or propagating material.—
(1) The breeder shall be required to deposit
such quantity of seeds or propagating material including parental line seeds of registered variety in the
National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder’s
expense within such time as may be specified in that regulation.
(2) The seeds or propagating material or parental line seeds to be deposited under sub-section (1)
shall be deposited to the National Gene Bank specified by the Authority.
28. Registration to confer right.—
(1) Subject to the other provisions of this Act, a certificate of
registration for a variety issued under this Act shall confer an exclusive right on the breeder or his
successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety:
Provided that in the case of an extant variety, unless a breeder or his successor establishes his right,
the Central Government, and in cases where such extant variety is notified for a State or for any area
thereof under section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be
the owner of such right.
(2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety
registered under this Act subject to such limitations and conditions as may be specified by regulations.
(3) Every authorisation under this section shall be in such form as may be specified by regulations.
(4) Where an agent or a licensee referred to in sub-section (1) becomes entitled to produce, sell,
market, distribute, import or export a variety, he shall apply in the prescribed manner and with the
prescribed fees to the Registrar to register his title and the registrar shall, on receipt of application and on
proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the
variety for which he is entitled for such right, and shall cause particulars of such entitlement and
conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the Register:
Provided that when the validity of such entitlement is in dispute between the parties, the Registrar
may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and
withhold the registration of such entitlement until the right of the parties in dispute so referred to has been
determined by the Authority.
(5) The Registrar shall issue a certificate of registration under sub-section (4) to the application after
such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the
prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the
conditions or restriction thereof, if any.
(6) Subject to any agreement subsisting between the parties, an agent or licensee of a right to a variety
registered under sub-section (4) shall be entitled to call upon the breeder or his successor thereof to take
proceedings to prevent infringement thereof, and if the breeder or his successor refuses or neglects to do
so within three months after being so called upon, such registered agent or licensee may institute
proceedings for infringement in his own name as if he were the breeder, making the breeder or his
successor a defendant.
(7) Notwithstanding anything contained in any other law, a breeder or his successor so added as
defendant shall not be liable for any costs unless he enters an appearance and takes part in the
(8) Nothing in this section shall confer on a registered agent or registered licensee of a variety any
right to transfer such right further thereof.
(9) Without prejudice to the registration under sub-section (4), the terms of registration—
(a) may be varied by the Registrar as regards the variety in respect of which, or any condition or
restriction subject to which, it has effect on receipt of an application in the prescribed manner of the
registered breeder of such variety or his successor;
(b) may be cancelled by the Registrar on the application in the prescribed manner of the
registered breeder of such variety or his successor or of the registered agent or registered licensee of
(c) may be cancelled by the Registrar on the application in the prescribed manner of any person
other than the breeder, his successor, the registered agent or the registered licensee on any of the
following grounds, namely:—
(i) that the breeder of a variety or his successor or the registered agent or registered licensee
of such variety, misrepresented, or failed to disclose, some fact material to the application for
registration under sub-section (4) which if accurately represented or disclosed would have
justified the refusal of the application for registration of the registered agent or registered
(ii) that the registration ought not to have effected having regard to the right vested in the
applicant by virtue of a contract in the performance of which he is interested;
(d) may be cancelled by the Registrar on the application in the prescribed manner of the breeder
of a registered variety or his successor on the ground that any stipulation in the agreement between
the registered agent or the registered licensee, as the case may be, and such breeder or his successor
regarding the variety for which such agent or licensee is registered is not being enforced or is not
being complied with;
(e) may be cancelled by the registrar on the application of any person in the prescribed manner on
the ground that the variety relating to the registration is no longer existing.
(10) The registrar shall issue notice in the prescribed manner of’ every application under this section
to the registered breeder of a variety or his successor and to each registered agent or registered licensee
(not being the applicant) of such variety.
(11) The Registrar shall, before making any order under sub-section (9) forward the application made
in that behalf along with any objection received by any party after notice under sub-section (10) for the
consideration of the Authority, and the Authority may, after making such inquiry as it thinks fit, issue
such directions to the Registrar as it thinks fit and the Registrar shall dispose of the application in
accordance with such directions.
29. Exclusion of certain varieties—
(1) Notwithstanding anything contained in this Act, no
registration of a variety shall be made under this Act in cases where prevention of commercial
exploitation of such variety is necessary to protect public order or public morality or human, animal and
plant life and health or to avoid serious prejudice to the environment.
(2) The Central Government shall, by notification in the Official Gazette, specify the genera or
species for the purposes of registration of varieties other than extant varieties and farmers’ varieties under
(3) Notwithstanding anything contained under sub-section (2) and sub-sections (1) and (2)
of section 15, no variety of any genera or species which involves any technology which is injurious to the
life or health of human beings, animals or plants shall be registered under this Act. .
Explanation.—For the purposes of this sub-section, the expression “any technology” includes genetic
use restriction technology and terminator technology.
(4) The Central Government shall not delete any genera or species from the list of genera or species
specified in a notification issued under sub-section (2) except in the public interest.
(5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible
for any protection under this Act.
30. Researcher’s rights—
Nothing contained in this Act shall prevent—
(a) the use of any variety registered under this Act by any person using such variety for
conducting experiment or research; or
(b) the use of a variety by any person as an initial source of variety for the purpose of creating
Provided that the authorisation of the breeder of a registered variety is required where the repeated
use of such variety as a parental line is necessary for commercial production of such other newly
31. Special provisions relating to application for registration from citizens of convention
(1) With a view to the fulfilment of a treaty, convention or arrangement with any country
outside India which affords to citizens of India similar privileges as granted to its own citizens, the
Central Government may, by notification in the Official Gazette, declare such country to be a convention
country for the purposes of this Act.
(2) Where a person has made an application for the granting of a breeder’s right to a variety or for
entering such variety in the official register of varieties in a convention country and that person, or any
person entitled to make application on his behalf under section 14 or section 23, makes an application for
the registration of such variety in India within twelve months after the date on which the application was
made in the convention country, such variety shall, if registered under this Act, be registered as of the
date on which the application was made in the convention country and that date shall be deemed for the
purposes of this Act to be the date of registration.
(3) Where applications have been made for granting of a breeder’s right to a variety, or for entering
such variety in the official register of varieties in two or more convention countries, the period of twelve
months referred to in sub-section (2) shall be reckoned from the date on which the earlier or earliest of
those applications were made.
(4) Nothing in this Act shall entitle the breeder of a registered variety to infringement of rights other
than protected under this Act which took place prior to the date of application of registration under this
32. Provisions as to reciprocity.—
Where any country declared by the Central Government in this
behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to
citizens of India the same rights in respect of the registration and protection of a variety, as it accords to
its own nationals, no nationals of such country shall be entitled, either solely or jointly with any other
person, to apply for the registration of a variety or be entitled to get a variety registered under this Act.