Title : Power Fo Authority to Make Order for Compulsory Licence in Certain Circumstances
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 : Authority Fund
State : Central
Year : 2001
(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) The Protection of Plant Varieties Authority Account shall be applied for meeting-- (a) the salaries, allowances and other remuneration of the Chairperson, officers and other employees of the Authority and allowances, if any, payable to the members; (b) the other expenses..... View Complete Act List Judgments citing this sectionTitle : Power of Central Government to Make Rules
State : Central
Year : 2001
(1) The Central Government may, by notification in the Official Gazette, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may 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..... View Complete Act List Judgments citing this sectionTitle : Registration to Confer Right
State : Central
Year : 2001
(1) Subject to the other provisions of this Act, a certificate of registration for a variety issued under this Act shall confer an exclusive right on the breeder or his successor, his agent or licensee, to produce, sell, market, distribute, import or export the variety: Provided that in the case of an extant variety, unless a breeder or his successor establishes his right, the Central Government, and in cases where such extant variety is notified for a State or for any area thereof under section 5 of the Seeds Act, 1966 (54 of 1966), the State Government, shall be deemed to be the owner of such right. (2) A breeder may authorise any person to produce, sell, market or otherwise deal with the variety registered under this Act subject to such limitations and conditions as may be..... View Complete Act List Judgments citing this sectionTitle : When Requirement Public Deemed to Have Not Bee Satisfied
State : Central
Year : 2001
In determining the question as to whether the reasonable requirements of the public for seeds of a variety or its propagating material as referred to in sub-section (1) or sub-section (3) of section 47, the Authority shall take into account-- (i) the nature of the variety, the lime which has elapsed since the grant of the certificate of registration of the variety, price of the seed of the variety and the measures taken by the breeder or any registered licensee of the variety to meet the requirement of the public; and (ii) the capacity, ability and technical competence of the applicant to produce and market the variety to meet the requirement of the public. View Complete Act List Judgments citing this sectionTitle : Issue of Certificate of Registration
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 : Duration of Compulsory Licence
State : Central
Year : 2001
The Authority shall determine the duration of the compulsory licenses granted under this Chapter and such duration may vary from case to case keeping in view the gestation periods and other relevant factors but in any case it shall not exceed the total remaining period of the protection of that variety and when a compulsory licence is granted the prescribed authority shall, in the prescribed manner make available to the licensee of such compulsory licence, the reproductive material of the variety relating to such compulsory licence stored in the National Gene Bank or any other centre. View Complete Act List Judgments citing this sectionTitle : Researchers Right
State : Central
Year : 2001
Nothing contained in this Act shall prevent-- (a) the use of any variety registered under this Act by any person using such variety for conducting experiment or research; or (b) the use of a variety by any person as an initial source of variety for the purpose of creating other varieties: Provided that the authorisation of the breeder of a registered variety is required where the repeated use of such variety as a parental line is necessary for commercial production of such other newly developed variety. View Complete Act List Judgments citing this sectionTitle : Special Provision Relating to Application for Registration from Citizens of Convention Countries
State : Central
Year : 2001
(1) With a view to the fulfilment of a treaty, convention or arrangement with any country outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country to be a convention country for the purposes of this Act. (2) Where a person has made an application for the granting of a breeder's right to a variety or for entering such variety in the official register of varieties in a convention country and that person, or any person entitled to make application on his behalf under section 14 or section 23, makes an application for the registration of such variety in India within twelve months after the date on which the application was made in the convention country,..... View Complete Act List Judgments citing this sectionTitle : Provisions as to Reciprocity
State : Central
Year : 2001
Where any country declared by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to citizens of India the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this Act. View Complete Act List Judgments citing this section