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CHAPTER V: SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER

BananaIP Counsels > The Protection of Plant Varieties and Farmers Rights Act > CHAPTER V: SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER

CHAPTER V: SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER

 

33. Surrender of certificate of registration.—

(1) A breeder of a variety registered under this Act
may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his
certificate of registration.
(2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered
agent or registered licensee relating to such certificate.
(3) Any of such agent or licensee may, within the prescribed period after such notification, give
notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar
shall intimate the contents of such notice to the breeder of such variety.
(4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being
heard, that the certificate of registration may properly be surrendered, he may accept the offer and by
order revoke the certificate of registration.

 

34. Revocation of protection on certain grounds.—

 

Subject to the provisions contained in this Act,
the protection granted to a breeder in respect of a variety may, on the application in the prescribed manner
of any person interested, be revoked by the Authority on any of the following grounds, namely:—
(a) that the grant of the certificate of registration has been based on incorrect information
furnished by the applicant;
(b) that the certificate of registration has been granted to a person who is not eligible for
protection under this Act;
(c) that the breeder did not provide the Registrar with such information, documents or material as
required for registration under this Act;
(d) that the breeder has failed to provide an alternative denomination of the variety which is the
subject matter of the registration to the Registrar in case where the earlier denomination of such
variety provided to the Registrar is not permissible for registration under this Act;
(e) that the breeder did not provide the necessary seeds or propagating material to the person to
whom compulsory licence has been issued under section 47 regarding the variety in respect of which
registration certificate has been issued to such breeder;
(f) that the breeder has not complied with the provisions of this Act or rules or regulations made
thereunder;
(g) that the breeder has failed to comply with the directions of the Authority issued under this
Act;
(h) that the grant of the certificate of registration is not in the public interest:
Provided that no such protection shall be revoked unless the breeder is given a reasonable opportunity
to file objection and of being heard in the matter.

 

35. Payment of annual fees and forfeiture of registration in default thereof.—

 

(1) The Authority
may, with the prior approval of the Central Government, by notification in the Official Gazette, impose a
fees to be paid annually, by every breeder of a variety, agent and licensee thereof registered under this Act
determined on the basis of benefit or royalty gained by such breeder, agent or licensee, as the case may
be, in respect of the variety, for the retention of their registration under this Act.
(2) If any breeder, agent or licensee fails to deposit the fees referred to in sub-section (1) imposed
upon him under that sub-section in the prescribed manner up to two consecutive years, the Authority shall
issue notice to such breeder, agent or licensee and on service of such notice if he fails to comply with the
direction in the notice, the Authority shall declare all the protection admissible under registration
certificate issued to such breeder or agent or licensee forfeited.
(3) The arrears of fees imposed under sub-section (1) shall be deemed to be arrears of land revenue
and shall be recoverable accordingly.

 

36. Power to cancel or change registration and to rectify the Register—

 

(1) On an application
made in the prescribed manner to the Registrar by any person aggrieved, the Registrar may make such
order as he may think fit for cancelling or changing any certificate of registration issued under this Act on
the ground of any contravention of the provisions of this Act or failure to observe a condition subject to
which such registration certificate is issued.
(2) Any person aggrieved by the absence or omission from the Register of any entry, or by any entry
made in the Register without sufficient cause, or by any entry wrongly remaining on the Register, may
apply in the prescribed manner to the Registrar and the Registrar may make such order for making,
expunging or varying the entry as he may think fit.
(3) The Registrar may, in any proceeding under this section, decide any question that may be
necessary or expedient to decide in connection with the rectification of the Register.
(4) The Registrar on his own motion may, after giving notice in the prescribed manner to the parties
concerned and after giving them an opportunity of being heard, make any order referred to in
sub-section (1) or sub-section (2).

 

37. Correction of Register.—

 

(1) The Registrar may, on an application in the prescribed manner by
the breeder of a variety registered under this Act,—
(a) correct any error in the Register in the name, address or description of such breeder or any
other entry relating to such variety;
(b) enter in the Register any change in the name, address or description of such breeder;
(c) cancel the entry in the Register of the variety in respect of which such application is made;
and may make any consequential amendment or alteration in the certificate of registration and for
that purpose require the certificate of registration to be produced to him.
(2) The Registrar may, on application made in the prescribed Register by a registered agent or a
registered licensee of a variety and after notice to the registered breeder of such variety, correct any error,
or enter any change, in the name, address or description of such registered agent or registered licensee, as
the case may be, in the Register or certificate of registration under this Act.

 

38. Alteration of denomination of a registered variety.—

 

(1) The breeder of a variety registered
under this Act may apply in the prescribed manner to the Registrar to delete any part or to add to or alter
the denomination of such variety in any manner not substantially affecting the identity thereof, and the
Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think
fit to avoid any conflict with the rights of other breeders of the varieties registered under this Act.
(2) The Registrar may cause an application under this section to be advertised in the prescribed
manner in any case where it appears to him that it is expedient so to do, and where he does so, if within
the prescribed time from the date of the advertisement any person gives notice to the Registrar in the
prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.
(3) Where leave is granted under this section, the denomination of the variety as altered shall be
advertised in the prescribed manner, unless the application has already been advertised under
sub-section (2).

 

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