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

ACT NO. 53 OF 2001 · Enacted [30th October, 2001.] · 97 sections

PRELIMINARY

Section 1.Short title, extend and commencement.

Section 2.Definitions.

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY — Protection of Plant Varieties and Farmers’ Rights Authority

Section 3.Establishment of Authority.

Section 4.Meetings of Authority.

Section 5.Committees of Authority.

Section 6.Officers and other employees of Authority.

Section 7.Chairperson to be Chief Executive.

Section 8.General functions of Authority.

Section 9.Authentication of orders, etc., of Authority.

Section 10.Delegation.

Section 11.Power of Authority.

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY — Registry

Section 12.Registry and offices thereof.

Section 13.National Register of Plant Varieties.

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY — Application for registration

Section 14.Application for registration.

Section 15.Registrable varieties.

Section 16.Persons who may make application.

Section 17.Compulsory variety denomination.

Section 18.Form of application.

Section 19.Test to be conducted.

Section 20.Acceptance of application or amendment thereof.

Section 21.Advertisement of application.

Section 22.Registrar to consider grounds of opposition.

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY — Registration of essentially derived variety

Section 23.Registration of essentially derived variety.

DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING

Section 24.Issue of certificate of registration.

Section 25.Publication of list of varieties.

Section 26.Determination of benefit sharing by Authority.

Section 27.Breeder to deposit seeds or propagating material.

Section 28.Registration to confer right.

Section 29.Exclusion of certain varieties.

Section 30.Researcher’s rights.

Section 31.Special provisions relating to application for registration from citizens of convention countries.

Section 32.Provisions as to reciprocity.

SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER

Section 33.Surrender of certificate of registration.

Section 34.Revocation of protection on certain grounds.

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

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

Section 37.Correction of Register.

Section 38.Alteration of denomination of a registered variety.

FARMERS’ RIGHTS

Section 39.Farmers’ rights.

Section 40.Certain information to be given in application for registration.

Section 41.Rights of communities.

Section 42.Protection of innocent infringement.

Section 43.Authorisation of farmers’ variety.

Section 44.Exemption from fees.

Section 45.Gene Fund.

Section 46.Framing of schemes, etc.

COMPULSORY LICENCE

Section 47.Power of Authority to make order for compulsory licence in certain circumstances.

Section 48.When requirement of public deemed to have not been satisfied.

Section 49.Adjournment of application for grant of compulsory licence.

Section 50.Duration of compulsory licence.

Section 51.Authority to settle terms and conditions of licence.

Section 52.Revocation of compulsory licence.

Section 53.Modification of compulsory licence.

PLANT VARIETIES PROTECTION APPELLANTE TRIBUNAL

Section 54.Tribunal.

Section 55.Composition of Tribunal.

Section 56.Appeals to Tribunal.

Section 57.Orders of Tribunal.

Section 58.Procedure of Tribunal.

Section 59.Transitional provision.

FINANCE, ACCOUNTS AND AUDIT

Section 60.Grants by Central Government.

Section 61.Authority Fund.

Section 62.Budget, accounts and audit.

Section 63.Financial and administrative powers of Chairperson.

INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE — Infringement

Section 64.Infringement.

Section 65.Suit for infringement, etc.

Section 66.Relief in suits for infringement.

Section 67.Opinion of scientific adviser.

INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE — Offences, penalties and procedure

Section 68.Prohibition to apply denomination of a registered variety.

Section 69.Meaning of falsely applying denomination of a registered variety.

Section 70.Penalty for applying false denomination, etc.

Section 71.Penalty for selling varieties to which false denomination is applied, etc.

Section 72.Penalty for falsely representing a variety as registered.

Section 73.Penalty for subsequent offence.

Section 74.No offence in certain cases.

Section 75.Exemption of certain persons employed in ordinary course of business.

Section 76.Procedure where invalidity of registration is pleaded by the accused.

Section 77.Offences by companies.

MISCELLANEOUS

Section 78.Protection of security of India.

Section 79.Implied warranty on sale of registered variety, etc.

Section 80.Death of party to a proceeding.

Section 81.Right of registered agent and the registered licensee to institute suit.

Section 82.Evidence of entry in Register, etc., and things done by the Authority and the Registrar.

Section 83.Authority, Registrar and other officers not compellable to production of Register, etc.

Section 84.Document open to public inspection.

Section 85.Report of Authority to be placed before Parliament.

Section 86.Government to be bound.

Section 87.Proceedings before Authority or Registrar.

Section 88.Protection of action taken in good faith.

Section 89.Bar of jurisdiction.

Section 90.Members and staff of Authority, etc., to be public servants.

Section 91.Exemption from tax on wealth and income.

Section 92.Act to have overriding effect.

Section 93.Power of Central Government to give directions.

Section 94.Power to remove difficulties.

Section 95.Power to make regulations.

Section 96.Power of Central Government to make rules.

Section 97.Rules, regulations and schemes to be laid before Parliament.