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Start Free TrialProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter X
Title: Infringement, Offences, Penalties and Procedure
State: Central
Year: 2001
.....74 - No 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 an offence under the provisions of this Act if such act or omission is permissible under this Act. Section 75 - Exemption 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 offence and having taken all reasonable precautions against committing the offence charged, he had, at the time of the commission of the alleged offence, no reason to suspect the genuineness of the act so charged as an offence and on demand made by or on behalf of the prosecutor, he gave all the information in his possession with respect to the persons on whose behalf the offence was committed, he shall be acquitted. Section 76 - Procedure where 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.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 68
Title: Prohibition to Apply Denomination of (25 of 1961) Registered Variety
State: Central
Year: 2001
.....or production; or (c) places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or production, in or with any package or other thing to which the denomination of such variety registered under this Act has been applied; or (d) uses the denomination of such variety registered under this Act in any manner reasonably likely to lead to the belief that the variety or its propagating material in connection with which it is used is designated or described by the denomination; or (e) in relation to the variety uses such denomination in any advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and such variety is delivered to a person in pursuance of a request or order made by reference to the denomination as so used. (3) A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing.
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