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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 Chapter II
Title: PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHT AUTHORITY AND REGISTRY
State: Central
Year: 2001
.....to be appointed by the Central Government, shall be a person of outstanding calibre and eminence, with long practical experience to the satisfaction of that Government especially in the field of plant varietal research or agricultural development, (b) The members of the Authority, to be appointed by the Central Government, shall be as follows, namely:-- (i) the Agriculture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (ii) the Deputy Director General incharge of Crop Sciences, Indian Council of Agricultural Research, New Delhi, ex officio; (iii) the Joint Secretary incharge of Seeds, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio; (iv) the Horticulture Commissioner, Government of India, Department of Agriculture and Cooperation, New Delhi, ex officio: (v) the Director, National Bureau of Plant Genetic Resources, New Delhi, ex officio; (vi) one member not below the rank of Joint Secretary to the Government of India to represent the Department of Bio-technology, Government of India, ex officio; (vii) one member not below the rank of Joint Secretary to the Government.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 15
Title: Registrable Varieties
State: Central
Year: 2001
.....that a trial of a new variety which has not been sold or otherwise disposed of shall not affect the right to protection: Provided further that the fact that on the date of filing the application for registration, the propagating or harvested material of such variety has become a matter of common knowledge other than through the aforesaid manner shall not affect the criteria of novelty for such variety; (b) distinct, if it is clearly distinguishable by at least one essential characteristic from any other variety whose existence is a matter of common knowledge in any country at the time of filing of the application. Explanation.-- For the removal of doubts, it is hereby declared that the filing of an application for the granting of a beerder's right to a new variety or for entering such variety in the official register of varieties in any convention country shall be deemed to render that variety a matter of common knowledge from the date of the application in case the application leads to the granting of the breeder's right or to the entry of such variety in such official register, as the case may be; (c) uniform, if subject to the variation that may be expected from the.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 29
Title: Exclusion of Certain Varieties
State: Central
Year: 2001
.....serious prejudice to the environment. (2) The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers' varieties under this Act. (3) Notwithstanding anything contained in sub-section (2) and sub-sections (1) and (2) of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this Act. Explanation.--For the purposes of this sub-section, the expression "any technology" includes genetic use restriction technology and terminator technology. (4) The Central Government shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest. (5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible for any protection under this Act.
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter IV
Title: Duration and Effect of Registration and Benefit Sharing
State: Central
Year: 2001
.....of application for registration and decision taken by the Authority on such application. (6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,-- (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966; and (iii) in other cases, fifteen years from the date of registration of the variety. Section 25 - Publication of list of varieties The Authority shall, within such intervals as it thinks appropriate, publish the list of varieties which have been registered during that interval. Section 26 - Determination of benefit sharing by Authority (1) On receipt of copy of the certificate of registration under sub-section (8).....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Chapter I
Title: Preliminary
State: Central
Year: 2001
.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 2
Title: Definitions
State: Central
Year: 2001
.....the context otherwise requires,-- (a) "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3; (b) "benefit sharing", in relation to a variety, means such proportion of the benefit accruing to a breeder of such variety or such proportion of the benefit accruing to the breeder from an agent or a licensee of such variety, as the case may be, for which a claimant shall be entitled as determined by the Authority under section 26; (c) "breeder" means a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety; (d) "Chairman" means the Chairman of the Tribunal; (e) "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3, (f) "convention country" means a country which has acceded to an international convention for the protection of plant varieties to which India has also acceded, or a country which has a law on protection of plant varieties on the basis of which India has entered into an agreement for granting plant breeders' right to the citizens of both the countries; (g).....
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 28
Title: Registration to Confer Right
State: Central
Year: 2001
.....with the prescribed fees to the Registrar to register his title and the Registrar shall, on receipt of application and on proof of title to his satisfaction, register him as an agent or a licensee, as the case may be, in respect of the variety for which he is entitled for such right, and shall cause particulars of such entitlement and conditions or restrictions, if any, subject to which such entitlement is made, to be entered in the Register: Provided that when the validity of such entitlement is in dispute between the parties, the Registrar may refuse to register the entitlement and refer the matter in the prescribed manner to the Authority and withhold the registration of such entitlement until the right of the parties in dispute so referred to has been determined by the Authority. (5) The Registrar shall issue a certificate of registration under sub-section (4) to the applicant after such registration and shall enter in the certificate the brief conditions of entitlement, if any, in the prescribed manner, and such certificate shall be the conclusive proof of such entitlement and the conditions or restrictions thereof, if any. (6) Subject to any agreement subsisting.....
View Complete Act List Judgments citing this sectionProtection of Plant Varieties and Farmers-rights Act, 2001 Section 24
Title: Issue of Certificate of Registration
State: Central
Year: 2001
.....shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application. (6) The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,-- (i) in the case of trees and vines, eighteen years from the date of registration of the variety; (ii) in the case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966; and (iii) in other cases, fifteen years from the date of registration of the variety.
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