Title : Finance, Accounts and Audit
State : Central
Year : 2001
The Central Government may, after due appropriation made by Parliament by law in this behalf, make to the Authority grants and loans of such sums of money as the Central Government may think fit for being utilised for the purposes of this Act. Section 61 - Authority Fund (1) There shall be constituted a fund to be called the Protection of Plant Varieties Authority Account and there shall be credited thereto-- (a) all grants and loans made to the Authority by the Central Government under section 60; (b) all fees received by the Authority and the Registrars except the annual fee determined on the basis of benefit or royalty under sub-section (1) of section 35; (c) all sums received by the Authority from such other sources as may be decided upon by the Central Government. (2)..... View Complete Act List Judgments citing this sectionTitle : Surrender and Revocation of Certificate and Rectification and Correction of Register
State : Central
Year : 2001
(1) A breeder of a variety registered under this Act may, at any time by giving notice in the prescribed manner to the Registrar, offer to surrender his certificate of registration. (2) Where such an offer is made, the Registrar shall notify in the prescribed manner every registered agent or registered licensee relating to such certificate. (3) Any of such agent or licensee may, within the prescribed period after such notification, give notice to the Registrar of his opposition to the surrender and where any such notice is given, the Registrar shall intimate the contents of such notice to the breeder of such variety. (4) If the Registrar is satisfied after hearing the applicant and all the opponents, if desirous of being heard, that the certificate of registration may properly be..... View Complete Act List Judgments citing this sectionTitle : Infringement, Offences, Penalties and Procedure
State : Central
Year : 2001
Subject co the provisions of this Act, a right established under this Act is infringed by a person-- (a) who, not being the breeder of a variety registered under this Act or a registered agent or a registered licensee of that variety, sells, exports, imports or produces such variety without the permission of its breeder or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be; (b) who uses, sells, exports, imports or produces any other variety giving such variety, the denomination identical with or deceptively similar to the denomination of a variety registered under this Act in such manner as to cause confusion in the mind of general people in identifying such variety so registered. ..... View Complete Act List Judgments citing this sectionTitle : Short Title, Extent and Commencement
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. View Complete Act List Judgments citing this sectionTitle : Definitions
State : Central
Year : 2001
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 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..... 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 : General Functions of Authority
State : Central
Year : 2001
(1) It shall be the duty of the Authority to promote, by such measures as it thinks fit, the encouragement for the development of new varieties of plants and to protect the rights of the farmers and breeders. ( 2) In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for-- (a) the registration of extant varieties subject to such terms and conditions and in the manner as may be prescribed; (b) developing characterisation and documentation of varieties registered under this Act; (c) documentation, indexing and cataloguing of farmers' varieties; (d) compulsory cataloguing facilities for all varieties of plants; (e) ensuring that seeds of the varieties registered under this Act are available to..... View Complete Act List Judgments citing this sectionTitle : Establishment of Authority
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 : Persons Who May Make Application
State : Central
Year : 2001
(1) An application for registration under section 14 shall be made by-- (a) any person claiming to be the breeder of the variety; or (b) any successor of the breeder of the variety; or (c) any person being the assignee of the breeder of the variety in respect of the right to make such application; or (d) any farmer or group of farmers or community of farmers claiming to be the breeder of the variety; or (e) any person authorised in the prescribed manner by a person specified under clauses (a) to (d) to make application on his behalf; or (f) any university or publicly funded agricultural institution claiming to be the breeder of the variety. (2) An application under sub-section (1) may be made by any of the persons referred to therein individually or jointly with any other..... View Complete Act List Judgments citing this sectionTitle : Form of Application
State : Central
Year : 2001
(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..... View Complete Act List Judgments citing this section