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Start Free TrialProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter VII
Title: Compulsory Licence
State: Central
Year: 2001
.....sub-section (1) shall contain a statement of the nature of the applicant's interest together with such particulars as may be prescribed and the facts upon which the application is based. (3) The Authority, after consultation with the Central Government, and if satisfied after giving an opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that the reasonable requirements of the public with respect to the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price, may order such breeder to grant a licence in the applicant upon such terms and conditions as it may deem fit and send a copy of such order to the Registrar to register the title of such applicant as licensee under sub-section (4) of section 28 on payment of such fees by the applicant as is referred to in that sub-section. Section 48 - When requirement public deemed to have not bee satisfied In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Complete Act
Title: Protection of Plant Varieties and Farmers-rights Act, 2001
State: Central
Year: 2001
.....open to public inspection Section85 - Report of Authority to be placed before Parliament Section86 - Government to be bound Section87 - Proceedings before Authority or Registrar Section88 - Protection of action taken in good faith Section89 - Bar of jurisdiction Section90 - Members and staff of Authority, etc., to be public servants Section91 - Exemption from tax on wealth and income Section92 - Act to have overriding effect Section93 - Power of Central Government to give directions Section94 - Power to remove difficulties Section95 - Power to make regulations Section96 - Power of Central Government to make rules Section97 - Rules, regulations and schemes to be laid before Parliament
List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 48
Title: When Requirement Public Deemed to Have Not Bee Satisfied
State: Central
Year: 2001
In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section (3) of section 47, the Authority shall take into account-- (i) the nature of the variety, the lime which has elapsed since the grant of the certificate of registration of the variety, price of the seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public; and (ii) the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public.
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