THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 · INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE — Infringement
Section 64 — Infringement
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 registered under this Act or a registered agent or registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breeder or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be;
(b)who uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety registered under this Act in such manner as to cause confusion in the mind or general people in identifying such variety so registered.