Bare Act Search Results

PROTECTION OF PLANT VARIETIES AND FARMERS-RIGHTS ACT, 2001 Chapter VI

Title: FARMERS' RIGHTS

State: Central

Year: 2001

.....community shall not be liable to pay any fees in any proceeding before the Authority or Registrar or the Tribunal or the High Court under this Act or the rules made thereunder. Explanation.-- For the purposes of this section, "fees in any proceeding" includes any fees payable for inspection of any document or for obtaining a copy of any decision or order or document under this Act or the rule made thereunder. Section 45 - Gene Fund (1) The Central Government shall constitute a Fund to be called the National Gene Fund and there shall be credited thereto-- (a) the benefit sharing received in the prescribed manner from the breeder of (25 of 1961) variety or an essentially derived variety registered under this Act, or propagating material of such variety or essentially derived variety, as the case may be; (b) the annual fee payable to the Authority by way of royalty under sub-section (1) of section 35; (c) the compensation deposited in the Gene Fund under sub-section (4) of section 41; (d) the contribution from any national and international organisation and other sources. (2) The Gene Fund shall, in the prescribed manner, be applied for meeting-- (a) any.....

Protection 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; .....

Protection 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).....

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 18

Title: Form of Application

State: Central

Year: 2001

.....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; (h) contain a declaration that the genetic material or parental material acquired for breeding, evolving or developing the variety has been lawfully acquired; and (i) be accompanied by such other particulars as may be prescribed: Provided that in case where the application is for the registration of farmers' variety, nothing contained in clauses (b) to (i) shall apply in respect of the application and the application shall be in such form as may be prescribed. (2) Every application referred to in sub-section (1) shall be filed in the office of the Registrar. (3) Where such application is made by virtue of a succession or an assignment of the, right to apply for registration, there shall be furnished at the time of making the application, or within such period after making (he application as may be prescribed, a proof of the right to make the application.

The Haryana Murrah Buffalo and Other Milch Animal Breed (Presentation and Development of Animal Husbandry and Dairy Development Sector) Act, 2001 Complete Act

State: Haryana

Year: 2001

.....of the Government or the Board in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act, rules or regulations made or any directions issued thereunder. Power to make regulations. 15. The Board may, with the previous approval of the Government, make regulations not inconsistent with the provisions of this Act and the rules regulations not inconsistent with the provisions of this Act and the rules framed thereunder for the purpose of giving effect to the provisions of this Act. Power to remove difficulties. 16. If any difficulty arises in giving effect to the provisions of this Act or by reasons of anything contained in this Act, the Government may, by order, not inconsistent with the provisions of this Act, remove the difficulty. Power to make rules. 17. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for, - (a) the powers, functions, procedure of conduct of business of the Board and the procedure to generate, maintain and operate.....

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 26

Title: Determination of Benefit Sharing by Authority

State: Central

Year: 2001

(1) On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed. (2) On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as may be prescribed: Provided that such claim shall only be submitted by any-- (i) person or group of persons, if such person or every person constituting such group is a citizen of India; or (ii) firm or governmental or non-governmental organisation, if such firm or organisation is formed or established in India. (3) On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as.....

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 40

Title: Certain Information to Be Given in Application for Registration

State: Central

Year: 2001

(1) A breeder or other person making application for registration of any variety under Chapter III shall disclose in the application the information regarding the use of genetic material conserved by any tribal or rural families in the breeding or development of such variety, (2) If the breeder or such other person fails to disclose any information under subsection (1), the Registrar may, after being satisfied that the breeder or such person has wilfully and knowingly concealed such information, reject the application for registration.

Protection of Plant Varieties and Farmers-rights Act, 2001 Section 27

Title: Breeder to Deposit Seeds or Propagating Material

State: Central

Year: 2001

(1) The breeder shall be required to deposit such quantity of seeds or propagating material including parental line seeds of registered variety in the National Gene Bank as may be specified in the regulations for reproduction purpose at the breeder's expense within such time as may be specified in that regulation. (2) The seeds or propagating material 01 parental line seeds to be deposited under subsection (1) shall be deposited to the National Gene Bank specified by the Authority.

Protection 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).....

Protection 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).....