SectionsParticulars
Chapter IPreliminary
1Short title, extent and commencement
1.     This Act may be called the Protection of Plant Varieties and Farmers' Rights Act, 2001. 2.     It extends to the whole of India. 3.     It shall c...
2Definitions
In this Act, unless the context otherwise requires,- a.     "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established un...
Chapter IIProtection of Plant Varieties and Farmers' Rights Authority and Registry Protection of Plant Varieties and Farmers' Rights Authority
3Establishment of Authority
1.     The Central Government shall, by notification in the Official Gazette, establish an Authority to be known as the Protection of Plant Varieties and Far...
4Meetings of Authority
1.     The Authority shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings [in...
5Committees of Authority
1.     The Authority may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this Ac...
6Officers and other employees of Authority
Subject to such control and restriction as may be prescribed, the Authority may appoint such officers and other employees as may be necessary for the efficien...
7Chairperson to be Chief Executive
The Chairperson shall be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed....
8General functions of Authority
1.     It shall be the duty of the Authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants ...
9Authentication of orders, etc., of Authority
All orders and decisions of the Authority shall be authenticated by the signature of the Chairperson or any other member authorised by the Authority in this b...
10Delegation
The Authority may, by general or special order in writing, delegate to the Chairperson, any member or officer of the Authority subject to such conditions or l...
11Power of Authority
In all proceedings under this Act before the Authority or the Registrar,- a.     the Authority or the Registrar, as the case may be, shall have all the power...
12Registry and offices thereof
1.     The Central Government shall establish, for the purposes of this Act, a Registry which shall be known as the Plant Varieties Registry. 2.     The he...
13National Register of Plant Varieties
1.     For the purposes of this Act, a Register called the National Register of Plant Varieties shall be kept at the head office of the Registry, wherein sha...
Chapter IIIRegistration of Plant Varieties and Essentially Derived Variety Application for Registration
14Application for registration
Any person specified in section 16 may make an application to the Registrar for registration of any variety- a.     of such genera and species as specified ...
15Registrable varieties
1.     A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. 2.     Notwith...
16Persons who may make application
1.     An application for registration under section 14 shall be made by- a.     any person claiming to be the breeder of the variety; or b.    any successor...
17Compulsory variety denomination
1.     Every application shall assign a single and distinct denomination to a variety with respect to which he is seeking registration under this Act in acco...
18Form of application
1.     Every application for registration under section 14 shall- a.     be with respect to a variety; b.    state the denomination assigned to such variety...
19Test to be conducted
1.     Every applicant shall, along with the application for registration made under this Act, make available to the Registrar such quantity of seed of a var...
20Acceptance of application or amendment thereof
1.     On receipt of an application under section 14, the Registrar may, after making such inquiry as he thinks fit with respect to the particulars contained...
21Advertisement of application
1.     Where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under sub-section (1) of secti...
22Registrar to consider grounds of opposition
The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject t...
23Registration of essentially derived variety
1.     An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of section 29 by the Ce...
Chapter IVDuration and Effect of Registration and Benefit Sharing
24Issue 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 ha...
25Publication 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....
26Determination of benefit sharing by Authority
1.     On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publis...
27Breeder 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 Nat...
28Registration 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 ...
29Exclusion 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 expl...
30Researcher'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 experim...
31Special provisions relating to application for registration from citizens of convention countries
1.     With a view to the fulfillment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privil...
32Provisions as to reciprocity
Where any country specified by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not acco...
Chapter VSurrender and Revocation of Certificate and Rectification and Correction of Register
33Surrender 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 ...
34Revocation 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 ...
35Payment 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 fee to be paid annually, by e...
36Power 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 ca...
37Correction 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...
38Alteration 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 d...
Chapter VIFarmers Rights
39Farmers' right
1.     Notwithstanding anything contained in this Act,-               i.        a farmer who has bred or developed a new variety shall be entitled for reg...
40Certain information to be given in application for registration
1.     A breeder or other person making application for registration of any variety under Chapter III shall disclose in the application the information regar...
41Rights of communities
1.     Any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation may, on behalf of any...
42Protection of innocent infringement
Notwithstanding anything contained in this Act,-       i.        a right established under this Act shall not be deemed to be infringed by a farmer who at ...
43Authorisation of farmers' variety
Notwithstanding anything contained in sub-section (6) of section 23 and section 28, where an essentially derived variety is derived from a farmers' variety, t...
44Exemption from fees
A farmer or group of farmers or village community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the Tribunal or t...
45Gene Fund
1.     The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto- a.     the benefit sharing re...
46Framing schemes, etc.
1.     The Central Government shall, for the purposes of section 41 and clause (d) of sub-section (2) of section 45, frame, by notification in the Official G...
Chapter VIICompulsory Licence
47Power of Authority to make order for compulsory licence in certain circumstances
1.     At any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an ...
48When requirement of public deemed to have not been satisfied
In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as Authority shall take...
49Adjournment of application for grant of compulsory licence
1.     If the breeder of a variety registered under this Act in respect of which any application has been pending before the Authority under section 47 makes...
50Duration of compulsory licence
The Authority shall determine the duration of the compulsory licences granted under this Chapter and such duration may vary from case to case keeping in view ...
51Authority to settle terms and conditions of licence
1.     The Authority shall, while determining the terms and conditions of a compulsory licence under the provisions of this Chapter, endeavour to secure-    ...
52Revocation of compulsory licence
1.     The Authority, on its own motion or on application from an aggrieved person made to it in the prescribed form, if it is satisfied that a compulsory li...
53Modification of compulsory licence
The Authority may, on its own motion or on application from the licensee of a compulsory licence, after providing the opportunity of being heard to the breede...
Chapter VIIIPlant Varieties Protection Appellate Tribunal
54Tribunal
The Central Government may, by notification in the Official Gazette, establish a Tribunal to be known as the Plant Varieties Protection Appellate Tribunal to ...
55Composition of Tribunal
1.     The Tribunal shall consist of a Chairman and such number of Judicial Members and Technical Members as the Central Government may deem fit to appoint. ...
56Appeals to Tribunal
1.     An appeal shall be preferred to the Tribunal within the prescribed period from any- a.     order or decision of the Authority or Registrar, relating ...
57Orders of Tribunal
1.     The Tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit. 2.     The T...
58Procedure of Tribunal
1.     The powers and functions of the Tribunal may be exercised and discharged by Benches constituted by the Chairman of the Tribunal from among the Members...
59Transitional provision
Notwithstanding anything contained in this Act, till the establishment of the Tribunal under section 54, the Intellectual Property Appellate Board established...
Chapter IXFinance, Accounts and Audit
60Grants by Central Government
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as ...
61Authority Fund
1.     There shall be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto- a.     all gra...
62Budget, accounts and audit
1.     The Authority shall prepare a budget, maintain proper accounts and other relevant records (including the accounts and other relevant records of the Ge...
63Financial and administrative powers of Chairperson
The Chairperson shall exercise such financial and administrative powers over the functions of the Authority as may be prescribed: Provided that the Chairperso...
Chapter XInfringement, Offences, Penalties and Procedure Infringement
64Infringement
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 registere...
65Suit for infringement, etc.
1.     No suit- a.     for the infringement of a variety registered under this Act; or b.    relating to any right in a variety registered under this Act, s...
66Relief in suits for infringement
1.     The relief which a court may grant in any suit for infringement referred to in section 65 includes an injunction and at the option of the plaintiff, e...
67Opinion of scientific adviser
1.     When the court has to form an opinion upon any question of fact or a scientific issue, such court may appoint an independent scientific adviser to sug...
68Prohibition to apply the denomination of a registered variety
1.     No person other than the breeder of a variety registered under this Act or a registered licensee or a registered agent thereof shall use the denominat...
69Meaning of falsely applying the denomination or a registered variety
1.     A person shall be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such vari...
70Penalty for applying false denomination, etc.
Any person who- a.     applies any false denomination to a variety; or b.    indicates the false name of a country or place or false name and address of the...
71Penalty for selling varieties to which false denomination is applied, etc.
Any person who sells, or exposes for sale, or has in his possession for sale or for any purpose of trade or production of any variety to which any false denom...
72Penalty for falsely representing a variety as registered
Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating m...
73Penalty for subsequent offence
Whoever, having already been convicted of an offence under this Act is again convicted of such offence shall be punishable for the second and for every subseq...
74No offence in certain cases
The provisions of this Act relating to offences shall be subject to the right created as recognised by this Act and no act or omission shall be deemed to be a...
75Exemption of certain persons employed in ordinary course of business
Where a person accused of an offence under this Act proves that in the ordinary course of his employment, he has acted without any intention to commit the off...
76Procedure invalidity of registration is pleaded by the accused
1.     Where the offence charged under this Act is in relation to a variety or its propagating material or essentially derived variety or its propagating mat...
77Offences by companies
1.     If the person committing an offence under this Act is a company, the company as well as every person in charge of, and responsible to, the company for...
Chapter XMiscellaneous
78Protection of security of India
Notwithstanding anything contained in this Act, the Authority or the Registrar shall- a.     not disclose any information relating to the registration of a v...
79Implied warranty on sale of registered variety, etc.
Where a denomination of a variety or its propagating material or essentially derived variety or its propagating material registered under this Act has been ap...
80Death of party to a proceeding
If a person who is a party to a proceeding under this Act (not being a proceeding in a court) dies pending the proceeding, the Authority or the Registrar, as ...
81Right of registered agent and the registered licensee to institute suit
The registered agent or the registered licensee of a variety or its propagating material or essentially derived variety or its propagating material registered...
82Evidence of entry in register, etc., and things done by the Authority and the Registrar
1.     A copy of any entry in the register, or of any document issued under this Act purporting to be certified by the Authority or the Registrar and sealed ...
83Authority, Registrar and other officers not compellable to production of Register, etc.
The Authority or the Registrar or any officer working under the Authority or the Registrar, as the case may be, shall not, in any legal proceedings, be compel...
84Document open to public inspection
Any person may, on an application to the Authority or the Registrar, as the case may be, and on payment of such fees as may be prescribed, obtain a certified ...
85Report of Authority to be placed before Parliament
The Central Government shall cause to be placed before both Houses of Parliament once a year a report regarding the performance of the Authority under this Ac...
86Government to be bound
The provisions of this Act shall be binding on the Government....
87Proceedings before Authority or Registrar
All proceedings before the Authority or the Registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of...
88Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against the Central Government, or against the Chairperson, or members, or the Registrar or any perso...
89Bar of jurisdiction
No civil court shall have jurisdiction in respect of any matter which the Authority or the Registrar or the Tribunal is empowered by or under this Act to dete...
90Member and Staff of Authority, etc., to be public servants
The Chairperson, members, officers and other employees of the Authority and the Registrar-General and the officers and other employees working under him shall...
91Exemption from tax on wealth and income
Notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of 1957), the Income-tax Act, 1961 (43 of 1961), or any other enactment for the time being ...
92Act to have overriding effect
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any ...
93Power of Central Government to give directions
The Central Government may give directions to the Authority as it may think necessary in the public interest for the execution of all or any of the functions ...
94Power to remove difficulties
1.     If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order, published in the Official Gazette, make...
95Power to make regulations
1.     The Authority may, with the previous approval of the Central Government, by notification in the Official Gazette, make regulations consistent with thi...
96Power of Central Government to make rules
1.     The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. 2.     In particular, and w...
97Rules, regulations and schemes to be laid before Parliament
Every rule and every regulation and every scheme made under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while...
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