Title : Preliminary
State : Central
Year : 2001
(1) This Act may be called the Protection of Plant Varieties and Farmers' Rights Act, 2001. (2) It extends to the whole of India. (3) It shall come into force on such dale as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision. Section 2 - Definitions In this Act, unless 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..... View Complete Act List Judgments citing this sectionTitle : PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHT AUTHORITY AND REGISTRY
State : Central
Year : 2001
(1) The Central Government shall, by notification in the Official Gazette, establish an Authority to be known as the Protection of Plant Varieties and Farmers' Rights Authority for the purposes of this Act. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of properties, both movable and immovable, and to contract, and shall by the said name sue and be sued. (3) The head office of the Authority shall be at such place as the Central Government may, by notification in the Official Gazette, specify and the Authority may, with the previous approval of the Central Government, establish branch offices at other places in India. (4) The Authority shall consist of a Chairperson and..... View Complete Act List Judgments citing this sectionTitle : Protection of Plant Varieties and Farmers-rights Act, 2001
State : Central
Year : 2001
THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 [Act No. 53 of 2001] [30th October, 2001] PREAMBLE An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants. WHEREAS it is considered necessary to recognise and protect the rights of the farmers in respect of their contribution made at any time in conserving, improving and making available plant genetic resources for the development of new plant varieties; AND WHEREAS for accelerated agricultural development in the country, it is necessary to protect plant breeders' rights to stimulate investment for research and development, both in the public and private sector, for the..... View Complete Act List Judgments citing this sectionTitle : FARMERS' RIGHTS
State : Central
Year : 2001
(1) Notwithstanding anything contained in this Act,-- (i) a farmer who has bred or developed a new variety shall be entitled for registration and other protection in like manner as a breeder of a variety under this Act; (ii) the fanners' variety shall be entitled for registration if the application contains declaration as specified in clause (A) of sub-section (1) of section 18; (iii) a farmer who is engaged in the conservation of genetic resources of land races and wild relatives of economic plants and their improvement through selection and preservation shall be entitled in the prescribed manner for recognition and reward from the Gene Fund: Provided that material so selected and preserved has been used as donors of genes in varieties registrable under this Act; (iv) a..... View Complete Act List Judgments citing this sectionTitle : Protection of Plant Varieties and Farmers-rights Act, 2001
State : Central
Year : 2001
Preamble1 - PROTECTION OF PLANT VARIETIES AND FARMERS-RIGHTS ACT, 2001 Chapter I Section1 - Short title, extent and commencement Section2 - Definitions Chapter II Section3 - Establishment of Authority Section4 - Meetings of Authority Section5 - Committees of Authority Section6 - Officers and other employees of Authority Section7 - Chairperson of be Chief Executive Section8 - General functions of Authority Section9 - Authentication of orders, etc., of Authority Section10 - Delegation Section11 - Power of Authority Section12 - Registry and offices thereof Section13 - National Register of Plant Varieties Chapter III Section14 - Application for registration Section15 - Registrable varieties Section16 - Persons who may make application Section17 - Compulsory variety..... List Judgments citing this sectionTitle : Registration of Plant Varieties and Essentially Derived Variety
State : Central
Year : 2001
Any person specified in section 16 may make an application to the Registrar for registration of any variety-- (a) of such genera and species as specified under sub-section (2) of section 29; or (b) which is an extant variety; or (c) which is a farmers' variety. Section 15 - Registrable varieties (1) A new variety shall be registered under this Act if it conforms to the criteria of novelty, distinctiveness, uniformity and stability. (2) Notwithstanding anything contained in sub-section (1), an extant variety shall be registered under this Act within a specified period if it conforms to such criteria of distinctiveness, uniformity and stability as shall be specified under the regulations. (3) For the purposes of sub-sections (1) and (2), as the case may be, a new variety..... View Complete Act List Judgments citing this sectionTitle : Duration and Effect of Registration and Benefit Sharing
State : Central
Year : 2001
(1) When an application for registration of a variety (other than an essentially derived variety) has been accepted and either-- (a) the application has not been opposed and the time of notice of opposition has expired; or (b) the application has been opposed and the opposition has been rejected, the Registrar shall register the variety. (2) On the registration of the variety (other than an essentially derived variety), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and scaled with the seal of the Registry and send a copy thereof to the Authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. The maximum time required by the Registrar for issuing the certificate of..... View Complete Act List Judgments citing this sectionTitle : Compulsory Licence
State : Central
Year : 2001
(1) At any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an application to the Authority alleging that the reasonable requirements of the public for seed or other propagating material of 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 and pray for the grant of a compulsory licence to undertake production, distribution and sale of the seed or other propagating material of that variety. (2) Every application under 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..... View Complete Act List Judgments citing this sectionTitle : Plant Varieties Protection Appellate Tribunal
State : Central
Year : 2001
The Central Government may, by notification in the Official Gazette, establish a Tribunal to be known as the Plant Varieties Protection Appellate Tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this Act. Section 55 - Composition of Tribunal (1) The Tribunal shall consist of a Chairman and such number of Judicial Members and Technical Members as the Central Government may deem fit to appoint. (2) A Judicial Member shall be a person who has for at least ten years held a judicial office in the territory of India or who has been a member of the Indian Legal Service and has held a post in Grade-II of that Service or any equivalent or higher post for at least three years or who has been an advocate for at least twelve years. Explanation.-- For..... View Complete Act List Judgments citing this sectionTitle : Miscellaneous
State : Central
Year : 2001
Notwithstanding anything contained in this Act, the Authority or the Registrar shall-- (a) not disclose any information relating to the registration of a variety or any application relating to the registration of a variety under this Act, which it considers prejudicial to the interest of the security of India; and (b) take any action regarding the cancellation of registration of such varieties registered under this Act which the Central Government may by notification in the Official Gazette specify in the interest of the security of India. Explanation.--For the purposes of this section, the expression "security of India" means any action necessary for the security of India which relates to the use of any produce of any variety registered under this Act directly or indirectly for..... View Complete Act List Judgments citing this section