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Start Free TrialProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter III
Title: Registration of Plant Varieties and Essentially Derived Variety
State: Central
Year: 2001
.....contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act, Section 18 - Form 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 by the applicant; (c) be accompanied by an affidavit sworn by the applicant that such variety does not contain any gene or gene sequence involving terminator technology; (d) be in such form as may be specified by regulations; (e) contain a complete passport data of the parental lines from which the variety has been derived along with the geographical location in India from where the genetic material has been taken and all such information relating to the contribution, if any, of any farmer, village community, institution or organisation in breeding, evolving or developing the variety; (f) be accompanied by a statement containing a brief description of the variety bringing out its characteristics of novelty, distinctiveness, uniformity and stability as required for registration; (g) be accompanied by such fees as may be prescribed; .....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 21
Title: Advertisement of Applecation
State: Central
Year: 2001
.....notice in writing in the prescribed manner, to the Registrar of his opposition to the registration. (3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely: -- (a) that the person opposing the application is entitled to the breeder's right as against the applicant; or (b) that the variety is not registrable under this Act; or (c) that the grant of certificate of registration may not be in public interest; or (d) that the variety may have adverse effect on the environment. (4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application. (5) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition. (6) Any evidence upon which the opponent and the applicant may rely shall be submitted, in the.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter XI
Title: Miscellaneous
State: Central
Year: 2001
.....as it may think necessary in the public interest for the execution of all or any of the functions of the Authority under any provision of this Act or rules and regulations made thereunder. Section 94 - Power 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 such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of two years from the date of commencement of this Act. (2) Every order made under sub-section (1) shall be laid before each House of Parliament. Section 95 - Power 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 this Act and the rules made thereunder to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such regulations may provide for alt or any of the following matters, namely:-- (a) duties and.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 96
Title: Power of Central Government to Make Rules
State: Central
Year: 2001
.....provide for all or any of the following matters, namely:-- (i) the term of office of the Chairperson and the manner of filling the post under sub-section (6) of section 3; (ii) the salary and allowances of the Chairperson and his conditions of service in respect of leave, pension, provident fund and other matters and the allowances for non-official members for attending the meeting under sub-section (8) of section 3; (iii) the time and place of meetings of the Authority and the rules of procedure in regard to the transaction of business at its meetings [including the quorum at its meetings and the transaction of business of its Standing Committee appointed under sub-section (7) of section 3] under sub-section (1) of section 4; (iv) the control and restriction regarding appointment of the officers and other employees of the Authority and the method of such appointment, salary and allowances and other conditions of service under section 6; (v) the powers and duties of the Chairperson under section 7; (vi) the terms and conditions subject to which and the manner in which the measures referred to in sub-section (1) of section 8 may provide for the registration of new.....
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