WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/IND/P/1
4 November 2003
(03-5869)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
INDIA
The present document reproduces the text1 of the Protection of Plant Varieties and Farmers’
Rights Act, 2001, as notified by India under Article 63.2 of the Agreement (see document
IP/N/1/IND/2/Add.1).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
INDE
Le présent document contient le texte
1 de la Loi de 2001 sur la protection des variétés
végétales et les droits des agriculteurs, notifiée par l'Inde au titre de l'article 63:2 de l'Accord (voir le
document IP/N/1/IND/2/Add.1).
Consejo de los Aspectos de los Derechos de PropiedadIntelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
INDIA
En el presente documento se reproduce el texto
1 de la Ley de Protección de las Obtenciones
Vegetales y los Derechos de los Agricultores de 2001, que la India notificó de conformidad con lo
dispuesto en el párrafo 2 del artículo 63 del Acuerdo (véase el documento IP/N/1/IND/2/Add.1).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/IND/P/1
Page 2
THE PROTECTION OF PLANT VARIETIES AND FARMERS’
RIGHTS ACT, 2001
____________
ARRANGEMENT OF CLAUSES
___________
CHAPTER I
PRELIMINARY
CLAUSES
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND
REGISTRY
Protection of Plant Varieties and Farmers’ Rights Authority
3. Establishment of Authority.
4. Meetings of Authority.
5. Committees of Authority.
6. Officers and other employees of Authority.
7. Chairperson to be Chief Executive.
8. General functions of Authority.
9. Authentication of orders, etc., of Authority.
10. Delegation.
11. Power of Authority.
Registry
12. Registry and offices thereof.
13. National Register of Plant Varieties.IP/N/1/IND/P/1
Page 3
CHAPTER III
REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY
Application for registration
14. Application for registration.
15. Registrable varieties.
16. Persons who may make application.
17. Compulsory variety denomination.
18. Form of application.
19. Test to be conducted.
20. Acceptance of application or amendment thereof.
21. Advertisement of application.
22. Registrar to consider grounds of opposition.
Registration of essentially derived variety
CLAUSES
23. Registration of essentially derived variety.
CHAPTER IV
DURATION AND EFFECT OF REGISTRATION AND BEBEFIT SHARING
24. Issue of certificate of registration.
25. Publication of list of varieties.
26. Determination of benefit sharing by Authority.
27. Breeder to deposit seeds or propagating material.
28. Registration to confer right.
29. Exclusion of certain varieties.
30. Researcher’s rights.
31. Special provisions relating to application for registration from citizens of convention
countries.
32. Provision as to reciprocity.IP/N/1/IND/P/1
Page 4
CHAPTER V
SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND
CORRECTION OF REGISTER
33. Surrender of certificate of registration.
34. Revocation of protection on certain grounds.
35. Payment of annual fee and forfeiture of registration in default thereof.
36. Power to cancel or change registration and to rectify the Register.
37. Correction of Register.
38. Alteration of denomination of a registered variety.
CHAPTER VI
FAMERS’ RIGHTS
39. Farmers’ right.
40. Certain information to be given in application for registration.
41. Rights of communities.
42. Protection of innocent infringement.
43. Authorisation of farmers’ variety.
44. Exemption from fee.
45. Gene Fund.
46. Framing of schemes, etc.
CHAPTER VII
COMPULSORY LICENCE
47. Power of Authority to make order for compulsory licence in certain circumstances.
48. When requirement of public deemed to have not been satisfied.
49. Adjournment of application for grant of compulsory licence.
50. Duration of compulsory licence.
51. Authority to settle terms and conditions of licence.
52. Revocation of compulsory licence.
53. Modification of compulsory licence.IP/N/1/IND/P/1
Page 5
CHAPTER VIII
PLANT VARIETIES PROTECTION APPELLATE TRIBUNAL
CLAUSES
54. Tribunal.
55. Composition of Tribunal.
56. Appeals to Tribunal.
57. Orders of Tribunal.
58. Procedure of Tribunal.
59. Transitional provision.
CHAPTER IX
FINANCE, ACCOUNTS AND AUDIT
60. Grants by Central Government.
61. Authority Fund.
62. Budget, accounts and audit.
63. Financial and administrative powers of Chairperson.
CHAPTER X
INFRINGEMENT, OFFENCES, PENALTIES AND PROCEDURE
Infringement
64. Infringement.
65. Suit for infringement, etc.
66. Relief in suits for infringement.
67. Opinion of scientific adviser.
Offences, penalties and procedure
68. Prohibition to apply denomination of a registered variety.
69. Meaning of falsely applying denomination of a registered variety.
70. Penalty for applying false denomination, etc.
71. Penalty for selling varieties to which false denomination is applied, etc.
72. Penalty for falsely representing a variety as registered.
73. Penalty for subsequent offence.
74. No offence in certain cases.
75. Exemption of certain persons employed in ordinary course of business.IP/N/1/IND/P/1
Page 6
76. Procedure where invalidity of registration is pleaded by the accused.
77. Offences by companies.
CHAPTER XI
MISCELLANEOUS
78. Protection of security of India
79. Implied warranty on sale of registered variety, etc.
80. Death of party to a proceeding.
81. Right of registered agent and the registered licensee to institute suit.
82. Evidence of entry in register, etc., and things done by the Authority and the Registrar.
83. Authority, Registrar and other officers not compellable to production of Register, etc.
84. Document open to public inspection
CLAUSES
85. Report of the Authority to be placed before Parliament.
86. Government to be bound.
87. Proceedings before Authority of Registrar.
88. Protection of action taken in good faith.
89. Bar of jurisdiction.
90. Members and staff of Authority, etc., to be public servants.
91. Exemption from tax on wealth and income.
92. Act to have overriding effect.
93. Power of Central Government to give directions.
94. Power to remove difficulties.
95. Power to make regulations.
96. Power of Central Government to make rules.
97. Rules, regulations and schemes to be laid before Parliament.IP/N/1/IND/P/1
Page 7
THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS
ACT, 2001
A
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 development of new plant
varieties;
AND WHEREAS such protection will facilitate the growth of the seed industry in the
country which will ensure the availability of high quality seeds and planting material to the
farmers;
AND WHEREAS ,  to give effect to the aforesaid objectives, it is necessary to undertake
measures for the protection of the rights of farmers and plant breeders;
AND WHEREAS  India, having ratified the Agreement on Trade Related Aspects of
Intellectual Property Rights should, inter alia , make provision for giving effect to sub-
paragraph ( b) of paragraph 3 of article 27 in Part II of the said Agreement relating to
protection of plant varieties.
BE  it  enacted by  Parliament in  the  Fifty-second Year of the Republic of India as follows :—
Short title
extent andcommencement
Definitions.CHAPTER  I
P
RELIMINARY
1. (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 date 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 an y 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.
2. 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 proportionIP/N/1/IND/P/1
Page 8
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 citizensof both the countries;
(g) “denomination”, in relation to a variety or its propagating material or
essentially derived variety or its propagating material, means the
denomination of such variety or its propagating material or
essentially derived variety or its propagating material, as the case
may be, expressed by means of  letters or a combination of letters
and figures written in any language;
(h) “essential characteristics” means such heritable traits of a plant
variety which are determined by the expression of one or more
genes of other heritable determinants that contribute to the principal
features, performance or value of the plant variety;
(i) “essentially derived variety”, in respect of a variety (the initial
variety), shall be said to be essentially derived from such initialvariety when it—
(i) is predominantly derived from such initial variety, or from
a variety that itself is predominantly derived from such
initial variety, while retaining the expression of the
essential characteristics that result from the genotype orcombination of genotypes of such initial variety;
(ii) is clearly distinguishable from such initial variety; and
(iii) conforms (except for the differences which result from the
act of derivation) to such initial variety in the expression of
the essential characteristics that result from the genotype or
combination of genotype of such initial variety;IP/N/1/IND/P/1
Page 9
(j) “extant variety” means a variety available in India which is—
(i) notified under section 5 of the Seeds Act, 1966; or
(ii) farmers’ variety; or
(iii) a variety about which there is common knowledge; or
(iv) any other variety which is in public domain;
(k) "farmer" means any person who—
(i) cultivates crops by cultivating the land himself; or
(ii) cultivates crops by directly supervising the cultivation of
land through any other person; or
(iii) conserves and preserves, severally or jointly, with any
other person any wild species or traditional varieties oradds value to such wild species or traditional varieties
through selection and identification of  their useful
properties;
(l) "farmers’ variety” means a variety which—
(i) has been traditionally cultivated and evolved by the farmers
in their fields; or
(ii) is a wild relative or land race of a variety about which the
farmers possess the common knowledge;
(m) "Gene Fund" means the National Gene Fund constituted under sub-
section ( 1) of section 45;
(n) “Judicial Member” means a Member of the Tribunal appointed as
such under sub-section ( 1) of section 55 and includes the Chairman;
(o) “Member" means a Judicial Member or a Technical Member of the
Tribunal and includes the Chairman;
(p) “member" means a member of the Authority appointed under
clause ( b) of sub-section ( 5) of section 3 and includes the member-
secretary;
(q) "prescribed"  means prescribed by rules made under this Act;
(r) "propagating material" means any plant or its component or part
thereof including an intended seed or seed which is capable of, or
suitable for, regeneration into a plant;IP/N/1/IND/P/1
Page 10
Establishment
of Authority.(s) "Register"  means the National Register of Plant Varieties referred to
in section 13;
(t) "Registrar" means a Registrar of  Plant Varieties appointed under sub-
section ( 4) of section 12 and includes the Registrar-General;
(u) "Registrar-General" means the Registrar-General of Plant Varieties
appointed under sub-section ( 3) of section 12;
(v) "Registry" means the Plant Varieties Registry referred to in sub-
section ( 1) of  section 12;
(w) "regulations" means the regulations made by the Authority under this
Act;
(x) "seed" means a type of living embryo or propagule capable of
regeneration and giving rise to a plant which is true to such type;
(y) “Tribunal” means the Plant Varieties Protection Appellate Tribunal
established under section  54;
(z) “Technical Member” means a Member of the Tribunal who is not a
Judicial Member;
(za) "variety" means a plant grouping except micro organism within a
single botanical taxon of the lowest known rank, which can be—
(i) defined by the expression of the characteristics resulting
from a given genotype of that plant grouping;
(ii) distinguished from any other plant grouping by expression
of at least one of the said  characteristics; and
(iii) considered as a unit with regard to its suitability for being
propagated, which remains unchanged after such
propagation,
and includes propagating material of such variety, extant variety, transgenic
variety, farmars’ variety and essentially derived variety.
CHAPTER II
PROTECTION OF PLANT VARIETIES AND FARMERS ' RIGHTS AUTHORITY AND
REGISTRY
Protection of Plant Varieties and Farmers’ Rights Authority
3. (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'IP/N/1/IND/P/1
Page 11
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 Authoritymay, 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 fifteen members.
(5) (a) The Chairperson, 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, Go vernment 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 of  India to represent the Ministry of Environment and
Forests, Government of India,  ex officio;
(viii) one member not below the rank of Joint Secretary to the
Government of  India to represent the Ministry of Law, Justice and
Company Affairs, Government of India, ex officio;
(ix) one representative from a National or State level farmers’
organisation to be nominated by the Central Government;
(x) one representative from a tribal organisation to be nominated by the
Central Government;IP/N/1/IND/P/1
Page 12
(xi) one representative from the seed industry to be nominated by the
Central Government;
(xii) one representative from an agricultural University to be nominated
by the Central Government;
(xiii) one representative from a National or State level women’s
organisation associated with agricultural activities to be nominated
by the Central Government; and
(xiv) two representatives of State Governments on rotation basis to be
nominated by the Central Government.
(c) The Registrar-General shall be the ex officio member-secretary of the
Authority.
(6) The term of office of the Chairperson and the manner of filling the post
shall be such as may be prescribed.
(7) The Chairperson shall appoint a Standing Committee consisting of five
members, one of whom  shall be a member who is a representative from a farmers’
organisation, to advise the Authority on all issues including farmers’ rights.
(8) The Chairperson shall be entitled to such salary and allowances and shall
be subject to such conditions of service in respect of leave, pension, provident fund
and other matters as may be prescribed. The allowances for non-official members
for attending the meetings of the Authority shall be such as may be prescribed.
(9) The Chairperson may resign his office by giving notice thereof in writing
to the Central Government and on such resignation being accepted, he shall be
deemed to have vacated his office.
(10) On the resignation of the Chairperson or on the vacation of the office of
the Chairperson for any reason, the Central Government may appoint one of the
members  to officiate as Chairperson till a regular Chairperson is appointed in
accordance with clause (a) of  sub-section ( 5).
4. (1) The Authority shall meet at such time and place and shall observe such
rules of procedure in regard to the transaction of business at its meetings [includingthe quorum at its meetings and the transaction of business of its Standing
Committee appointed under sub-section ( 7) of section 3] as may be prescribed.
(2) The Chairperson of the Authority shall preside at the meetings of the
Authority.
(3) If, for any reason the Chairperson is unable to attend any meeting of the
Authority, any member of the Authority chosen by the members present shallpreside at the meeting.Meeting of
Authority.IP/N/1/IND/P/1
Page 13
Officers and
other
employees of
Authority.
Chairperson to
be Chief
Executive.
General
functions of
Authority.(4) All questions which come before any meeting of the Authority shall be
decided by a majority of the votes of the members of the Authority present and
voting and in the event of equality of votes, the Chairperson of the Authority or inhis absence, the person presiding shall have and exercise a second or casting vote.
(5) Every member who is in any way, whether directly, indirectly or
personally, concerned or interested in a matter to be decided at the meeting shall
disclose the nature of his concern or interest and after such disclosure, the member,
concerned or interested, shall not attend that meeting.
(6) No act or proceeding of the Authority shall be invalid merely by reason
of—
(a) any vacancy in, or any defect in the constitution of, the Authority;
or
(b) any defect in the appointment of a person acting as the Chairperson
or a member of the Authority; or
(c) any irregularity in the procedure of the Authority not affecting the
merits of the case.
5. (1) The Authority may appoint such committees as may be necessary for the
efficient discharge of its duties and performance of its functions under this Act.
(2) The persons appointed as members of the committee under sub-section (1)
shall be entitled to receive such allowances or fees for attending the meetings of the
committee as may be fixed by the Central Government.
6. Subject to such control and restriction as may be prescribed, the Authority
may appoint such officers and other employees as may be necessary for the efficient
performance of its functions and the method of appointment, the salary and
allowances and other conditions of service of such other officers and employees ofthe Authority shall be such as may be prescribed.
7. The Chairperson shall be the Chief Executive of the Authority and shall
exercise such powers and perform such duties as may be prescribed.
8. (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—Committees of
Authority.IP/N/1/IND/P/1
Page 14
Authentication
of orders, etc.,of Authority.
Delegation.
Power of
Authority.(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 the farmers and providing for compulsory licensing of
such varieties if the breeder of such varieties or any other personentitled to produce such variety under this Act does not arrange for
production and sale of the seed in the manner as may be prescribed;
(f) collecting statistics with regard to plant varieties, including the
contribution of any person at any time in the evolution or
development of any plant variety, in India or in any other country,
for compilation and publication;
(g)  ensuring the maintenance of the Register.
9. All orders and decisions of the Authority shall be authenticated by the
signature of the Chairperson or any other member authorised by the Authority in
this behalf.
10. The Authority may, by general or special order in writing, delegate to the
Chair-person, any member or officer of the Authority subject to such conditions or
limitations,  if any, as may be specified in the order, such of its powers and
functions (except the power to make regulations under section 95) under this Act as
it may deem necessary.
11. In all proceedings under this Act before the Authority or the Registrar,—
(a) the Authority or the Registrar, as the case may be, shall have all the
powers of a civil court for the purposes of receiving evidence,
administering oaths, enforcing the attendance of witnesses,
compelling the discovery and production of documents and issuing
commissions for the examination of witnesses;
(b) the Authority or the Registrar may, subject to any rule made in this
behalf under this Act, make such orders as to costs as it considers
reasonable and any such order shall be executable as a decree of a
civil court.IP/N/1/IND/P/1
Page 15
Registry and
offices thereof.Registry
12. (1) The Central Government shall establish, for the purposes of this Act, a
Registry which shall be known as the Plant Varieties Registry.
(2) The head office of the Plant Varieties Registry shall be located in the head
office of the Authority, and for the purpose of facilitating the registration of
varieties, there may be established, at such places, as the Authority may think fit,
branch offices of the Registry.
(3) The Authority shall appoint a Registrar-General of Plant Varieties who
shall be entitled to such salary and allowances and shall be subject to suchconditions of service in respect of leave, pension, provident fund and such other
matters as may be prescribed.
(4) The Authority may appoint such number of Registrars as it thinks
necessary for registration of plant varieties under the superintendence and directionof the Registrar-General under this Act and may make regulations with respect to
their duties and jurisdiction.
(5) The term of office and the conditions of service of the Registrars shall be
such as may be provided by regulations.
(6) The Authority may, by notification in the Official Gazette, define the
territorial limits within which a branch office of the Registry may exercise its
functions.
(7) There shall be a seal of the Plant Varieties Registry.
13. (1) For the purposes of this Act, a Register called the National Register of
Plant Varieties shall be kept at the head office of the Registry, wherein shall be
entered the names of all the registered plant varieties with the names and addresses
of their respective breeders, the right of such breeders in respect of the registered
varieties, the particulars of the denomination of each registered  variety, its seed orother propagating material along with specification of salient features thereof and
such other matters as may be prescribed.
(2) Subject to the superintendence and direction of the Central Government,
the Register shall be kept under the control and management of the Authority.
(3) There shall be kept at each branch office of the Registry a copy of the
Register and such other documents as the Central Government may, by notification
in the Official Gazette, direct.National
Register of
Plant
Varieties.IP/N/1/IND/P/1
Page 16
CHAPTER III
REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY
Application for registration
14. 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
(d) which is a farmers’ variety.
15. (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 theregulations.
(3) For the purposes of sub-sections ( 1) and ( 2), as the case may be, a new
variety shall be deemed to be—
(a) novel, if, at the date of filing of the application for registration for
protection, the propagating or harvested material of such variety
has not been sold or otherwise disposed of by or with the consent of
its breeder or his successor for the purposes of exploitation of such
variety—
(i) in India, earlier than one year; or
(ii) outside India, in the case of trees or vines earlier than six
years, or in any other case, earlier than four years,
before the date of filing such application:
Provided 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 theapplication.
Explanation. —For the removal of doubts, it is hereby declared that the
filing of an application for the granting of a breeder's right to a new varietyApplication
for
registration.
Registrable
varieties.IP/N/1/IND/P/1
Page 17
Persons who
may makeapplication.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
particular features of its propagation it is sufficiently uniform in its
essential characteristics;
(d) stable, if its essential characteristics remain unchanged after
repeated propagation or, in the case of a particular cycle of
propagation, at the end of each such cycle.
(4) A new variety shall not be registered under this Act if the denomination
given to such variety—
(i) is not capable of identifying such variety; or
(ii) consists solely of figures; or
(iii) is liable to mislead or to cause confusion concerning the
characteristics, value identity of such variety or the identity ofbreeder of such variety; or
(iv) is not different from every denomination which designates a
variety of the same botanical species or of a closely relatedspecies registered under this Act; or
(v) is likely to deceive the public or cause confusion in the public
regarding the identity of such variety; or
(vi) is likely to hurt the religious sentiments respectively of any class
or section of the citizens of India; or
(vii) is prohibited for use as a name or emblem for any of the
purposes mentioned in section 3 of the Emblems and Names(Prevention of Improper Use) Act, 1950; or
(viii) is comprised of solely or partly of geographical name:
Provided that the Registrar may register a variety, the denomination of which
comprises solely or partly of a geographical name, if he considers that the use of
such denomination in respect of such variety is an honest use under thecircumstances of the case.
16. (1) An application for registration under section 14 shall be made by—
(a) any person claiming to be the breeder of the variety; or12 of 1950IP/N/1/IND/P/1
Page 18
47 of 1999(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 person.
17. (1) Every applicant shall assign a single and distinct denomination to a
variety with respect to which he is seeking registration under this Act in accordancewith the regulations.
(2) The Authority shall, having regard to the provisions of any international
convention or treaty to which India has become a party, make regulations governing
the assignment of denomination to a  variety.
(3) Where the denomination assigned to the variety does  not satisfy the
requirements specified in the  regulations, the Registrar  may require the applicant
to propose another denomination within such time as may be specified by suchregulations.
(4) Notwithstanding anything contained in the Trade Marks Act, 1999, a
denomination assigned to a variety shall not be registered as a trade mark under that
Act.
18. (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;Compulsory
variety
Denomination.
Form of
application.IP/N/1/IND/P/1
Page 19
Test to be
conducted.(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 suchinformation 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;
(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 makingthe application, or within such period after making the application as may beprescribed, a proof of the right to make the application.
19. (1) Every applicant shall, along with the application for registration made
under this Act, make available to the Registrar  such quantity of seed of a variety
for registration of which such application is made, for the purpose of conducting
tests to evaluate whether seed of such variety  along with parental material conformto the standards as may be specified by regulations:
Provided that the Registrar or any person or test centre to whom such seed has
been sent for conducting test shall keep such seed during his or its possession insuch manner and in such condition that its viability and quality shall remain
unaltered.IP/N/1/IND/P/1
Page 20
Acceptance of
application oramendment
thereof.
Advertisement
of application.(2) The applicant shall deposit such fees as may be prescribed for conducting
tests referred to in sub-section ( 1).
(3) The tests referred to in sub-section ( 1) shall be conducted in such manner
and by such method as may be prescribed.
        20. (1) On receipt of an application under section 14,  the Registrar  may, after
making such inquiry as he thinks fit with respect to the particulars contained in suchapplication, accept the application absolutely or subject to such conditions or
limitations as he deems fit.
(2) Where the Registrar is satisfied that the application does not comply with
the requirements of this Act or any rules or regulations made thereunder, he may,either—
(a) require the applicant to amend the application to his satisfaction; or
(b) reject the application:
Provided that no application shall be rejected unless the applicant has been
given a reasonable opportunity of presenting his case.
21. (1) Where an application for registration of a variety has been accepted
absolutely or subject to conditions or limitations under sub-section ( 1) of section 20,
the Registrar shall, as soon as after its acceptance, cause such application together
with the  conditions or limitations, if any, subject to which it has been accepted and
the specifications of the variety for registration of which such application is madeincluding its photographs or drawings, to be advertised in the prescribed manner
calling objections from the persons interested in the matter.
(2) Any person may, within three months from the date of the advertisement of
an application for registration on payment of the prescribed fees, give notice in
writing in the prescribed manner, to the Registrar of his opposition to the
registration.
(3) Opposition to the registration under sub-section ( 2) may be made on  any
of the following grounds, namely:—
(a) that the person opposing the application is entitled to the breeder's
right as against the applicant; or
(b) that the variety is not registrable under this Act; orIP/N/1/IND/P/1
Page 21
(c) that the grant of certificate of registration may not be in public
interest; or
(d) that the variety may have adverse effect on the environment.
(4) The Registrar shall serve a copy of the notice of opposition on the
applicant for registration and, within two months from the receipt by the applicant
of such copy of the notice of opposition, the applicant shall send to the Registrar inthe prescribed manner a counter-statement of the grounds on which he relies for his
application, and if he does not do so, he shall be deemed to have abandoned his
application.
(5) If the applicant sends such counter- statement, the Registrar shall serve a
copy thereof on the person giving notice of opposition.
(6) Any evidence upon which the opponent and the applicant may rely shall be
submitted, in the manner prescribed and within the time prescribed, to the Registrarand  the Registrar shall give an opportunity to them to be heard, if  so desired.
(7) The Registrar shall, after hearing the parties, if so required, and
considering the evidence, decide whether and subject to what conditions or
limitations, if any, the registration is to be permitted and may take into account a
ground of objection whether relied upon by the opponent or not.
(8) Where a person giving notice of opposition or an applicant sending a
counter-statement after receipt of a copy of such notice neither resides nor carries
on business in India, the Registrar  may require him to give security for the cost ofproceedings before him  and in default of  such security being duly given may treat
the opposition or application, as the case may be, as abandoned.
(9) The Registrar  may, on request, permit correction of any error in, or any
amendment of, a notice of opposition or a counter-statement on such terms as he
may think fit.
22. The Registrar shall consider all the grounds on which the application has
been opposed and after giving reasons for his decision,  by order, uphold or rejectthe opposition.
Registration of essentially derived variety
23. (1) An application for the registration of an essentially derived variety  of
the genera or species specified under sub-section ( 2) of section 29 by the Central
Government shall be made to the Registrar by or on behalf of any person referred toRegistrar to
consider
grounds ofoppositon.
Registration of
essentiallyIP/N/1/IND/P/1
Page 22
Issue of
certificate of
registration.in section 14 and in the manner specified in section 18 as if for the word “variety”,
the words “essentially derived variety” have been substituted therein and shall be
accompanied by such documents and fees as may be prescribed.
(2) When the Registrar  is satisfied that the requirements of sub-section ( 1)
have been complied with to his satisfaction, he shall forward the application with
his report and all the relevant documents to the Authority.
(3)  On receipt of an application under sub-section ( 2), the Authority shall get
examined such essentially derived variety to determine as to whether the essentially
derived variety  is a variety derived from the initial variety by conducting such testsand following such procedure as may be prescribed.
(4) When the Authority is satisfied on the report of  the test referred to in sub-
section ( 3) that the essentially derived variety  has been derived from the initial
variety, it may direct the Registrar to register such essentially derived variety and
the Registrar shall comply with the direction of the Authority.
(5) Where the Authority is not satisfied on the report of  the test referred to in
sub-section ( 3) that the essentially derived variety  has been derived from the initial
variety it shall refuse the application.
(6) The rights of the breeder of a variety contained in section 28 shall apply to
the breeder of essentially derived variety:
Provided that the authorisation by the breeder of the initial variety to the
breeder of essentially derived variety under sub-section ( 2) of section 28 may be
subject to such terms and conditions as both the parties may mutually agree upon.
(7) An essentially derived variety shall not be registered under this section
unless it satisfies the requirements of section 15 as if for the word “variety”, thewords “essentially derived variety” have been substituted therein.
(8) When an essentially derived variety has been registered by the Registrar in
compliance with the direction of the Authority under sub-section ( 4), the Registrar
shall issue to the applicant a certificate of registration in the prescribed form and
sealed with the seal of the Registry and send a copy thereof to the Authority and to
such other authority, as may be prescribed, for information.
CHAPTER IV
D
URATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING
24. (1) When an application for registration of a variety  (other than an
essentially derived variety)  has been accepted and either—derived
variety.IP/N/1/IND/P/1
Page 23
(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 sealed with the seal of the Registry and send a copy thereof  to
the Authority for determination of benefit sharing and to such other authority, asmay be prescribed, for information. The maximum time required by the Registrar
for issuing the certificate of registration from the date of filing of the application for
registration of a variety shall be such as may be prescribed.
(3) Where registration of a variety (other than an essentially derived variety),
is not completed within twelve months from the date of the application by reason of
default on the part of the applicant, the Registrar may, after giving notice to the
applicant in the prescribed manner, treat the application as abandoned unless it is
completed within the time specified in that behalf in the notice.
(4) The Registrar may amend the Register or a certificate of registration for
the purpose of correcting a clerical error or an obvious mistake.
(5) The Registrar shall have power to issue such directions to protect the
interests of a breeder against any abusive act committed by any third party duringthe 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 tothe 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.54 of 1966IP/N/1/IND/P/1
Page 24
25. The Authority shall, within such intervals as it thinks appropriate, publish
the list of varieties which have been registered during that interval.
26. (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) (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 may be prescribed.
(4) The Authority shall, after giving an opportunity of being heard to the
parties, dispose of the claim received under sub-section (2).
(5) While disposing of the claim under sub-section (4), the Authority shall
explicitly indicate in its order the amount of the benefit sharing, if any, for which
the claimant shall be entitled and shall take into consideration the following matters,
namely:—
(a)  the extent and nature of the use of genetic material of the claimant
in the development of the variety relating to which the benefit
sharing has been claimed;
(b) the commercial utility and demand in the market of the variety
relating to which the benefit sharing has been claimed.
(6) The amount of benefit sharing to a variety  determined under this section
shall be deposited by the breeder of such variety  in the manner referred to inclause (a) of sub-section (1) of section 45 in the National Gene Fund.Publication of
list of
varieties.
Determination
of benefit
sharing by
Authority.IP/N/1/IND/P/1
Page 25
(7) The amount of benefit sharing determined under this section shall, on a
reference made by the Authority in the prescribed manner, be recoverable as an
arrear of land revenue by the District Magistrate within whose local limits ofjurisdiction the breeder liable for such benefit sharing resides.
27. (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 or parental line seeds to be deposited
under sub-section ( 1) shall be deposited to the National Gene Bank specified by the
Authority.
28. (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 orexport 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 SeedsAct, 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 andconditions as may be specified by regulations.
(3) Every authorisation under this section shall be in such form as may be
specified by regulations.
(4) Where an agent or a licensee referred to in sub-section (1) becomes
entitled to produce, sell, market, distribute, import or export a variety,  he shall
apply in the prescribed manner and 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, inrespect 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.Breeder to
deposit seedsor propagating
material.
Registration to
confer right.
54 of 1966IP/N/1/IND/P/1
Page 26
(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 briefconditions 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 between the parties, an agent or
licensee of a right to a variety registered under sub-section (4) shall be entitled to
call upon the breeder or his successor thereof to take proceedings to prevent
infringement thereof, and if the breeder or his successor refuses or neglects to do so
within three months after being so called  upon, such registered agent or licensee
may institute proceedings for infringement in his own name as if he were thebreeder, making the breeder or his successor a defendant.
(7) Notwithstanding anything contained in any other law, a breeder or his
successor so added as defendant shall not be liable for any costs unless he enters anappearance and takes part in the proceedings.
(8) Nothing in this section shall confer on a registered agent or registered
licensee of a variety any right to transfer such right further thereof.
(9) Without prejudice to the registration under sub-section (4), the terms of
registration—
(a) may be varied by the Registrar  as regards the variety   in respect of
which, or any condition or restriction subject to which, it has effect
on receipt of an  application in the prescribed manner of the
registered breeder of such variety or his successor;
(b) may be cancelled by the Registrar  on the application in the
prescribed manner of the registered breeder of such variety   or his
successor or of the registered agent or registered licensee of suchvariety;
(c) may be cancelled by the Registrar on the application in the
prescribed manner of any person other than the breeder, hissuccessor, the registered agent or the registered licensee on any ofthe following grounds, namely:—
(i) that the breeder of a variety or his successor or the
registered agent or registered licensee of such variety,
misrepresented, or failed to disclose, some fact material to
the application for registration under sub-section ( 4) which
if accurately represented or disclosed would have justified
the refusal of the application for registration of theregistered agent or registered licensee;IP/N/1/IND/P/1
Page 27
(ii) that the registration ought not to have been effected having
regard to the right vested in the applicant by virtue of a
contract in the performance of which he is interested;
(d) may be cancelled by the Registrar on the application in the
prescribed manner of the breeder of a registered variety or his
successor on the ground that any stipulation in the agreement
between the registered agent or the registered licensee, as the case
may be, and such breeder or his successor regarding the variety forwhich such agent or licensee is registered is not being enforced or
is not being complied with;
(e) may be cancelled by the Registrar  on the application of any person
in the prescribed manner on the ground that the variety relating tothe registration is no longer existing.
(10) The Registrar shall issue notice in the prescribed manner of every
application under this section to the registered breeder of a variety or his successor
and to each registered agent or registered licensee (not being the applicant) of such
variety.
(11) The Registrar shall, before making any order under sub-section ( 9),
forward the application made in that behalf along with any objection received by
any party after notice under sub-section ( 10) for the consideration of the Authority,
and the Authority may, after making such inquiry as it thinks fit, issue such
directions to the Registrar as it thinks fit and the Registrar shall dispose of theapplication in accordance with such directions.
29. (1) Notwithstanding anything contained in this Act, no registration of a
variety shall be made under this Act in cases where prevention of commercialexploitation of such variety  is necessary to protect public order or public morality
or human, animal and plant life and health or to avoid 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 orplants shall be registered under this Act.
Explanation.— For the purposes of this sub-section, the expression “anyExclusion of
certain
varieties.IP/N/1/IND/P/1
Page 28
Special
provisions
relating to
application for
registrationfrom citizens of
convention
countries.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.
30. 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.
31. (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 privilegesas 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 aconvention 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, such variety shall, if registered under this Act,
be registered as of the date on which the application was made in the convention
country and that date shall be deemed for the purposes of this Act to be the date of
registration.
(3) Where applications have been made for granting of a breeder's right to a
variety, or for entering such variety in the official register of varieties in two or
more convention countries, the period of twelve months referred to in sub-section
(2) shall be reckoned from the date on which the earlier or earliest of those
applications were made.
(4) Nothing in this Act shall entitle the breeder of a registered variety for
infringement of rights other than protected under this Act which took place prior to
the date of application of registration under this Act.Researcher’s
rights.IP/N/1/IND/P/1
Page 29
Provisions as to
reciprocity.
Surrender of
certificate of
registration.
Revocation of
protection on
certain
grounds.32. 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 andprotection 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 forthe registration of a variety or be entitled to get a variety registered under this Act.
CHAPTER V
S
URRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND
CORRECTION OF REGISTER
33. (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 andwhere any such notice is given, the Registrar shall intimate the contents of suchnotice 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 surrendered, he may accept the offer and by order revoke the certificate
of registration.
34. Subject to the provisions contained in this Act, the protection granted to a
breeder in respect of a variety may, on the application in the prescribed manner of
any person interested, be revoked by the Authority on any of the following grounds,namely:—
 (a) that the grant of the certificate of registration has been based on
incorrect information furnished by the applicant;
(b) that the certificate of registration has been granted to a person who
is not eligible for protection under this Act;
(c) that the breeder did not provide the Registrar with such
information, documents or material as required for registrationunder this Act;
(d) that the breeder has failed to provide an alternative denomination ofIP/N/1/IND/P/1
Page 30
the variety which is the subject matter of the registration to the
Registrar in case where the earlier denomination of such variety
provided to the Registrar is not permissible for registration underthis Act;
(e) that the breeder did not provide the necessary seeds or propagating
material to the person to whom compulsory licence has been issued
under section 47 regarding the variety  in respect of which
registration certificate has been issued to such breeder;
(f) that the breeder has not complied with the provisions of this  Act or
rules or regulations made thereunder;
(g) that the breeder has failed to comply with the directions of the
Authority issued under this Act;
(h) that the grant of the certificate of registration is not in the public
interest:
Provided that no such protection shall be revoked unless the breeder is given a
reasonable opportunity to file objection and of being heard in the matter.
35. (1) The Authority may, with the prior approval of the Central Government,
by notification in the Official Gazette, impose a fee to be paid annually, by every
breeder of a variety, agent and licensee thereof registered under this Act determined
on the basis of benefit or royalty gained by such breeder, agent or licensee, as the
case may be, in respect of the variety, for the retention of their registration underthis Act.
(2) If any breeder, agent or licensee fails to deposit the fee referred to in sub-
section ( 1) imposed upon him under that sub-section in the prescribed manner up to
two consecutive years, the Authority shall issue notice to such breeder, agent or
licensee and on service of such notice if he fails to comply with the direction in the
notice, the Authority shall declare all the protection admissible under theregistration certificate issued to such breeder or agent or licensee forfeited.
(3) The arrears of fee imposed under sub-section ( 1) shall be deemed to be the
arrears of land revenue and shall be recoverable accordingly.
36. (1) On an application made in the prescribed manner to the Registrar by
any person aggrieved, the Registrar may make such order as he may think fit for
cancelling or changing any certificate of registration issued under this Act on the
ground of any contravention of the provisions of this Act or failure to observe a
condition subject to which such registration certificate is issued.Payment of
annual fees
and forfeiture
of registration
in default
thereof.
Power to
cancel or
change
registrationand to rectify
the Register.IP/N/1/IND/P/1
Page 31
Alteration of
denomination
of a registered
variety.(2) Any person aggrieved by the absence or omission from the Register of any
entry, or by any entry made in the Register without sufficient cause, or by any entry
wrongly remaining on the Register, may apply in the prescribed manner to the
Registrar and the Registrar may make such order for making, expunging or varying
the entry as he may think fit.
(3) The Registrar may, in any proceeding under this section, decide any
question that may be necessary or expedient to decide in connection with the
rectification of the Register.
(4) The Registrar on his own motion may, after giving notice in the prescribed
manner to the parties concerned and after giving them an opportunity of being
heard, make any order referred to in sub-section ( 1) or sub-section ( 2).
37. (1) The Registrar may, on an application in the prescribed manner by the
breeder of a variety registered under this Act,—
(a) correct any error in the Register in the name, address or description
of such breeder or any other entry relating to such variety;
(b) enter in the Register any change in the name, address or description
of such breeder;
(c) cancel the entry in the Register of the variety in respect of which
such application is made; and may make any consequential
amendment or alteration in the certificate of registration and for
that purpose require the certificate of registration to be produced to
him.
(2) The Registrar may, on application made in the prescribed manner by a
registered agent or a registered licensee of a variety and after notice to the registered
breeder of such variety, correct any error or enter any change, in the name, address
or description of such registered agent or registered licensee, as the case may be, in
the Register or certificate of registration issued under this Act.
38. (1) The breeder of a variety registered under this Act may apply in the
prescribed manner to the Registrar to delete any part or to add to or alter the
denomination of such variety in any manner not substantially affecting the identity
thereof, and the Registrar may refuse leave or may grant it on such terms and
subject to such limitations as he may think fit to avoid any conflict with the rights of
other breeders of the varieties registered under this Act.
(2) The Registrar may cause an application under this section to be advertised
in the prescribed manner in any case where it appears to him that it is expedient soCorrection of
Register.IP/N/1/IND/P/1
Page 32
Farmers’
rights.to do, and where he does so, if within the prescribed time from the date of the
advertisement any person gives notice to the Registrar in the prescribed manner of
opposition to the application, the Registrar shall, after hearing the parties if so
required, decide the matter.
(3) Where leave is granted under this section, the denomination of the variety
as altered shall be advertised in the prescribed manner, unless the application has
already been advertised under sub-section ( 2).
CHAPTER  VI
FARMERS ’ RIGHTS
39. (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 abreeder of a variety under this Act;
(ii) (ii) the farmers’ variety shall be entitled for registration if the
application contains declaration as specified in clause ( h) 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 farmer shall be deemed to be entitled to save, use, sow, resow,
exchange, share or sell his farm produce including seed of a
variety protected under this Act in the same manner as he was
entitled before the coming into force of this Act:
Provided that the farmer shall not be entitled to sell branded seed of a
variety protected under this Act.
Explanation. —For the purposes of clause ( iv), “branded seed” means any seed
put in a package or any other container and labelled in a manner indicating that such
seed is of a variety protected under this Act.
(2) Where any propagating material of a variety registered under this Act has
been sold to a farmer or a group of farmers or any organisation of farmers, the
breeder of such variety shall disclose to the farmer or the group of farmers or the
organisation of farmers, as the case may be, the expected performance under given
conditions, and if such propagating material fails to provide such performance
under such given conditions, the farmer or the group of farmers or the organisationof farmers, as the case may be, may claim compensation in the prescribed manner
before the Authority and the Authority, after giving notice to the breeder of the
variety and after providing him an opportunity to file opposition in the prescribedIP/N/1/IND/P/1
Page 33
manner and after hearing the parties, may direct the breeder of the variety to pay
such compensation as it deems fit, to the farmer or the group of farmers or the
organisation of farmers, as the case may be.
40. (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
sub-section ( 1), the Registrar may, after being satisfied that the breeder or such
person has wilfully and knowingly concealed such information, reject theapplication for registration.
41. (1) Any person or  group of persons (whether actively engaged in farming
or not) or any governmental or non-go vernmental organisation may, on behalf of
any village or local community in India,  file in any centre notified, with the
previous approval of the Central Govern ment, by the Authority, in the Official
Gazette, any claim attributable to the contribution of the people of that village or
local community, as the case may be, in the evolution of any variety for the purpose
of staking a claim on behalf of such village or local community.
(2) Where any claim is made under sub-section (1), the centre notified under
that sub-section may verify the claim made by such person or group of persons  or
such governmental or non-governmental organisation in such manner as it deems
fit, and if it is satisfied that such village or local community has contributed
significantly to the evolution of the variety which has been registered under this
Act, it shall report its findings to the Authority.
(3) When the Authority, on a report under sub-section (2) is satisfied, after
such inquiry as it may deem fit, that the variety with which the report is related hasbeen registered under the provisions of this Act, it may issue notice in the
prescribed manner to the breeder of that variety and after providing opportunity to
such breeder to file objection in the prescribed manner and of being heard, it may
subject to any limit notified by the Central Government, by order, grant such sum of
compensation to be paid to a person or group of persons or governmental or non-governmental organisation which ha s made claim under sub-section ( 1), as it may
deem fit.
(4) Any compensation granted under sub-section (3) shall be deposited by the
breeder of the variety in the Gene Fund.
(5) The compensation granted under sub-section (3) shall be deemed to be an
arrear of land revenue and shall be recoverable by the Authority accordingly.
42. Notwithstanding anything contained in this Act,—Certain
information tobe given in
application for
registration.
Rights of
communities.IP/N/1/IND/P/1
Page 34
Authorisation
of farmers’
variety.
Exemption
from fees.
Gene Fund.(i) a right established under this Act shall not be deemed to be
infringed by a farmer who at the time of such infringement was
not aware of the existence of such right; and
(ii) a relief which a court may grant in any suit for infringement
referred to in section 65 shall not be granted by such court, nor
any cognizance of any offence under this Act shall be taken, for
such infringement by any court against a farmer who proves,
before such court, that at the time of the infringement he was notaware of the existence of the right so infringed.
43. Notwithstanding anything contained in sub-section ( 6) of section 23 and
section 28, where an essentially derived variety is derived from a farmers' variety,the authorisation under sub-section ( 2) of section 28 shall not be given by the
breeder of such farmers’ variety except with the consent of the farmers or group of
farmers or community of farmers who have made contribution in the preservation ordevelopment of such variety.
44. A farmer or group of farmers or village community shall not be liable to
pay any fees in any proceeding before the Authority or Registrar or the Tribunal orthe 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 ofany decision or order or document under this Act or the rules made thereunder.
45. (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 a variety or an essentially derived variety registered
under this Act, or propagating material of such variety oressentially 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 amount to be paid by way of benefit sharing under sub-
section ( 5) of section 26;Protection of
innocent
infringement.IP/N/1/IND/P/1
Page 35
Framing of
schemes, etc.(b) the compensation payable under sub-section ( 3) of section 41;
(c) the expenditure for supporting the conservation and sustainable use
of genetic resources including in-situ  and ex-situ  collections and for
strengthening the capability of the Panchayat in carrying out suchconservation and sustainable use;
(d) the expenditure of the schemes relating to benefit sharing framed
under section 46.
        46.  (1) The Central Government shall, for the purposes of section 41 and
clause ( d) of sub-section ( 2) of section 45, frame, by notification in the Official
Gazette, one or more schemes.
(2) In particular, and without prejudice to the generality of the provisions of
sub-section ( 1), the scheme may provide for all or any of the following matters,
namely:—
(a) the registration of the claims for the purposes of section 41 under
the scheme and all matters connected with such registration;
(b) the processing of such claims for securing their enforcement and
matters connected therewith;
(c) the maintenance of records and registers in respect of such claims;
(d) the utilisation, by way of disbursal (including apportionment) or
otherwise, of any amounts received in satisfaction of such claims;
(e) the procedure for disbursal or apportionment by the Authority in
the event of dispute regarding such claims;
(f) the utilisation of benefit sharing for the purposes relating to
breeding, discovery or development of varieties;
(g) the maintenance and audit of accounts with respect to the amounts
referred to in clause ( d).
CHAPTER VII
C
OMPULSORY LICENCE
47. (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 anapplication to the Authority alleging that the reasonable requirements of  the publicPower of
Authority to
make order forIP/N/1/IND/P/1
Page 36
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 based.
(3) The Authority, after consultation with the Central Government, and if
satisfied after giving an opportunity to the breeder of such variety to file oppositionand after hearing the parties, on the issue that the reasonable requirements of the
public with respect to 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, may order such breeder to grant a licence to the applicant upon such terms
and conditions as it may deem fit and send a copy of such order to the Registrar toregister the title of such applicant as licensee under sub-section ( 4) of section 28 on
payment of such fees by the applicant as is referred to in that sub-section.
48. 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 time 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 ofthe 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.
49. (1) If the breeder of a variety registered under this Act in respect of which
any application has been pending before the Authority under section 47 makes awritten request to the Authority on the ground that due to any reasonable factor,
such breeder has been unable to produce seed or other propagating material of the
variety on a commercial scale to an adequate extent till the date of making such
request, the Authority may, on being satisfied that the said ground is reasonable,
adjourn the hearing of such application for such period not exceeding twelvemonths in aggregate as it may consider sufficient for optimum production of the
seed or propagating material of such variety, as the case may be, by such breeder.
(2) No adjournment of the application under sub-section (1) shall be granted
unless the Authority is satisfied that the breeder of the variety registered under thisAct in respect of which such application is made, has taken immediate measures to
meet the reasonable requirements of the public for the seed or other  propagating
material of such variety.compulsory
licence in
certain
circumstances.
When
requirement ofpublic deemed
to have not
been satisfied.
Adjournment
of application
for grant ofcompulsory
licence.IP/N/1/IND/P/1
Page 37
Authority to
settle terms andconditions of
licence.
Revocation of
compulsorylicence.
Modification of
compulsory
licence.50. The Authority shall determine the duration of the compulsory licences
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 prescr ibed 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.
51. (1) The Authority shall, while determining the terms and conditions of a
compulsory licence under the provisions of this Chapter, endeavour to secure—
(i)  reasonable compensation to the breeder of the variety relating to
the compulsory licence having regard to the nature of the variety,
the expenditure incurred by such breeder in breeding the variety or
for developing it, and other relevant factors;
(ii) that the compulsory licensee of such variety possesses the adequate
means to provide to the farmers, the seeds or  other propagatingmaterial of such variety, timely and at reasonable market price.
(2) No compulsory licence granted by the Authority shall authorise the
licensee to import the variety relating to such licence or any seed or otherpropagating material of such variety from abroad where such import wouldconstitute an infringement of the rights of the breeder of such variety.
52. (1) The Authority,  on its own motion or on application from an aggrieved
person made to it in the prescribed form, if  it is satisfied that a compulsory licensee
registered under this Chapter has violated any terms or conditions of his licence or it
is not appropriate to continue further such licence in public interest, may, after
giving such licensee an opportunity to file opposition and of being heard, make
order to revoke such licence.
(2) When a licence is revoked under sub-section  (1) by an order of the
Authority, the Authority shall send a copy of such order to the Registrar to rectify
the entry or correct the Register relating to such revocation and the Registrar shallrectify the entry or corrrect the Register accordingly.
53. The Authority may, on its own motion or on application from the licensee
of a compulsory licence, after providing the opportunity of being heard to the
breeder of the variety registered under this Act relating to such compulsory licence,
if it considers, in public interest, so to do, modify, by order, such terms and
conditions as it thinks fit and send a copy of such order to the Registrar  to correct
the entries and Register according to such modification and the Registrar shall
ensure such corrections to be made accordingly.Duration of
compulsory
licence.IP/N/1/IND/P/1
Page 38
Tribunal.
Composition of
Tribunal.CHAPTER VIII
PLANT VARIETIES PROTECTION APPELLATE TRIBUNAL
54. 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.
55. (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 twelveyears.
Explanation.— For the purposes of this sub-section,—
(i) in computing the period during which a person has held judicial
office in the territory of India, there shall be included any period,
after he has held any judicial office, during which the person hasbeen an advocate or has held the office of a member of a tribunal
or any post, under the Union or a State, requiring special
knowledge of law;
(ii) in computing the period during which a person has been an
advocate, there shall be included any period during which theperson has held judicial office or the office of a member of a
tribunal or any post, under the Union or a State, requiring special
knowledge of law after he became an advocate.
(3) A Technical Member shall be a person who is an eminent agricultural
scientist in  the field of plant breeding and genetics and possesses an experience of
at least twenty years to deal with plant variety or seed development activity, or whohas held the post in the Central Government or a State Government dealing with
plant variety or seed development equivalent to the Joint Secretary to the
Government of India for at least three years and possesses special knowledge in the
field of plant breeding and genetics.
(4) The Central Government shall appoint a Judicial Member of the Tribunal
to be the Chairman thereof.
(5) The Central Government may appoint one of the Members of the Tribunal
to be the senior Member thereof.
(6) The senior Member or a Member shall exercise such of the powers andIP/N/1/IND/P/1
Page 39
perform such of the functions of the Chairman as may be delegated to him by the
Chairman by a general or special order in writing.
56. (1) An appeal shall be preferred to the Tribunal within the prescribed
period from any—
(a) order or decision of the Authority or Registrar, relating to
registration of a variety; or
(b) order or decision of the Registrar relating to registration as an agent
or a licensee of a variety; or
(c) order or decision of the Authority relating to claim for benefit
sharing; or
(d) order or decision of the Authority regarding revocation of
compulsory licence or modification of compulsory licence; or
(e) order or decision of the Authority regarding payment of
compensation, made under this Act or the rules made thereunder.
(2) Every such appeal shall be preferred by a petition in writing and shall be in
such form and shall contain such particulars as may be prescribed.
(3) The Tribunal in disposing of an appeal under this section shall have the
power to make any order which the Authority or the Registrar could make under
this Act.
57. (1) The Tribunal may, after giving both the parties to the appeal an
opportunity of being heard, pass such orders thereon as it thinks fit.
(2) The Tribunal may, at any time within thirty days from the date of the
order, with a view to rectifying the mistake apparent from the record, amend any
order passed by it under sub-section ( 1), and make such amendment if the mistake
is brought to its notice by the appellant or the opposite party.
(3) In every appeal, the Tribunal may, where it is possible, hear and decide
such appeal within a period of one year from the date of filing of the appeal.
(4) The Tribunal shall send a copy of any order passed under this section to
the Registrar.Appeals to
Tribunal
Orders of
Tribunal.IP/N/1/IND/P/1
Page 40
Transitional
provision.(5) The orders of the Tribunal under this Act shall be executable as a decree of
a civil court.
58. (1) The powers and functions of the Tribunal may be exercised and
discharged by Benches constituted by the Chairman of the Tribunal from among the
Members thereof.
(2) A Bench shall consist of one Judicial Member and one Technical Member.
(3) If the Members of a Bench differ in opinion on any point, they shall state
the point or points on which they differ, and the case shall be referred to theChairman for hearing on such point or points by one or more of the other Members
and such point or points shall be decided according to the opinion of the majority of
the Members who have heard the case, including those who first heard it.
(4) Subject to the provisions of this Act, the Tribunal shall have power to
regulate its own procedure and the procedure of Benches thereof in all matters
arising out of the exercise of its powers or the discharge of its functions, including
the places at which the Benches shall hold their sittings.
(5) The Tribunal shall, for the purpose of discharging its functions, have all
the powers which are vested in the Registrar under section 11, and any proceeding
before the Tribunal shall be deemed to be  a judicial proceeding within the meaning
of sections 193 and 228 and for the purpose of section 196 of the Indian Penal
Code, and the Tribunal shall be deemed to be a civil court for all the purposes of
section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(6) Notwithstanding anything contained in any other provisions of this Act or
in any other law for the time being in force, no interim order (whether by way of
injunction or stay or any other manner) shall be made on, or in, any proceedings
relating to an appeal unless—
(a) copies of such appeal and of all documents in support of the plea
for such interim order are furnished to the party against whom suchappeal is made or proposed to be made; and
(b) opportunity is given to such party to be heard in the matter.
59. Notwithstanding anything contained in this Act, till the establishment of
the Tribunal under section 54, the Intellectual Property Appellate Board established
under section 83 of the Trade Marks Act, 1999 shall exercise the jurisdiction,
powers and authority conferred on the Tribunal under this Act subject to the
modification that in any Bench of such Intellectual Property Appellate Board
constituted for the purposes of this secti on, for the Technical Member referred to in
sub-section ( 2) of section 84 of the said Trade Marks Act, the Technical MemberProcedure of
Tribunal.
45 of 1860
2 of 1974
47 of 1999.IP/N/1/IND/P/1
Page 41
Grants by
CentralGovernment.
Authority
Fund.shall be appointed under this Act and he shall be deemed to be the Technical
Member for constituting the Bench under the said sub-section ( 2) of section 84 for
the purposes of this Act.
CHAPTER IX
F
INANCE , ACCOUNTS AND AUDIT
60. 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.
61. (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, ifany, payable to the members;
(b) the other expenses of the Authority in connection with the
discharge of its functions and for purposes of this Act.
62. (1) The Authority shall prepare a budget, maintain proper accounts and
other relevant records (including the accounts and other relevant records of the
Gene Fund) and prepare an annual statement of accounts in such form as may be
prescribed by the Central Government in consultation with the Comptroller and
Auditor-General of India.
(2) The accounts of the Authority shall be audited by the Comptroller and
Auditor- General of India at such intervals as may be specified by him and any
expenditure incurred in connection with such audit shall be payable by theAuthority to the Comptroller and Auditor-General of India.
(3) The Comptroller and Auditor-General of India and any other person
appointed by him in connection with the audit of the accounts of the Authority shallBudget,
accounts and
audit.IP/N/1/IND/P/1
Page 42
have the same rights and privileges and authority in connection with such audit as
the Comptroller and Auditor-General of India generally has in connection with the
audit of the Government accounts and, in particular, shall have the right to demand
the production of books, accounts, connected vouchers and other documents and
papers and to inspect any of the offices of the Authority.
(4) The accounts of the Authority as certified by the Comptroller and Auditor-
General of India or any other person appointed by him in this behalf together with
the audit report thereon shall be forwarde d annually to the Central Government and
that Government shall cause the same to be laid before each House of Parliament.
63. The Chairperson shall exercise such financial and administrative powers
over the functions of the Authority as may be prescribed:
 Provided that the Chairperson shall have the authority to delegate such of his
financial and administrative powers as he may think fit to a member or any other
officer of the Authority subject to the condition that the member or such other
officer shall, while exercising such delegated powers, continue to be under the
direction, control and supervision of the Chairperson.
CHAPTER X
INFRINGEMENT , OFFENCES , PENALTIES AND PROCEDURE
Infringement
64.  Subject to 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 permissionof 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.
65. (1) No suit—
(a) for the infringement of a variety  registered under this Act; or
(b) relating to any right in a variety  registered under this Act,Financial and
administrative
powers of
Chairperson
Infringement.
Suit for
infringement
etc.IP/N/1/IND/P/1
Page 43
Relief to suits
forinfringement.
Opinion of
scientific
adviser.
Prohibition to
apply
denomination
of a registeredvariety.shall be instituted in any court inferior to a District Court having jurisdiction to try
the suit.
(2) For the purposes of clauses ( a) and ( b)  of sub-section ( 1), "District Court
having jurisdiction" shall mean the District Court within the local limits of whose
jurisdiction the cause of action arises.
66. (1) The relief which a court may grant in any suit for infringement referred
to in section 65 includes an injunction and at the option of the plaintiff, either
damages or a share of the profits.
(2) The order of injunction under sub-section (1) may include an ex parte
injunction or any interlocutory order for any of the following matters, namely:—
(a) discovery of documents;
(b) preserving of infringing variety or documents or other evidence
which are related to the subject-matter of the suit;
(c) attachment of such property of the defendant which the court deems
necessary to recover damages, costs or other pecuniary remedieswhich may be finally awarded to the plaintiff.
67.  (1) When the court has to form an opinion upon any question of fact or a
scientific issue, such court may appoint an independent scientific adviser to suggest
it or to inquire into and report upon the matter to enable it to form the desiredopinion.
(2) The scientific adviser may be paid such remuneration or  expenses as the
court may fix.
Offences, penalties and procedure
68.  (1) No person other than the breeder of a variety registered under this Act
or a registered licensee or a registered agent thereof shall use the denomination of
that variety  in the manner as may be prescribed.
(2) A person shall be deemed to apply the denomination of a variety registered
under this Act who—
(a) applies it to the variety itself; orIP/N/1/IND/P/1
Page 44
Meaning of
falselyapplying
denomination
of a registered
variety.(b) applies it to any package in or with which the variety is sold, or
exposed for sale, or had in possession such package for sale or forany purpose of trade or production; or
(c) places, encloses or annexes the variety which is sold, or exposed for
sale, or had in possession for sale or for any purpose of trade orproduction, in or with any package or other thing to which the
denomination of such variety registered under this Act has been
applied; or
(d) uses the denomination of such variety registered under this Act in
any manner reasonably likely to lead to the belief that the variety or
its propagating material in connection with which it is used is
designated or described by that denomination; or
(e) in relation to the variety uses such denomination in any
advertisement, invoice, catalogue, business letter, business paper,
price list or other commercial document and such variety is
delivered to a person in pursuance of a request or order made byreference to the denomination as so used.
(3) A denomination shall be deemed to be applied to a variety  whether it is
woven in, impressed on, or otherwise worked  into, or annexed or affixed to, such
variety or to any package or other thing.
69. (1) A person shall be deemed to falsely apply the denomination of a
variety  registered under this Act who, without the assent of the breeder of such
variety,—
(a) applies such denomination or a deceptively similar denomination to
any variety or any package containing such variety;
(b) uses any package bearing a denomination which is identical with or
deceptively similar to the denomination of such variety registered
under this Act, for the purpose of packing, filling or wrapping
therein any variety other than such variety registered under this Act.
(2) Any denomination of a variety registered under this Act falsely applied as
mentioned in sub-section ( 1), is in this Act referred to as false denomination.
(3) In any prosecution for falsely applying a denomination of a variety
registered under this Act  the burden of proving the assent of the breeder of suchvariety shall lie on the accused.IP/N/1/IND/P/1
Page 45
70.  (1) Any person who—
(a) applies any false denomination to a variety; or
(b) indicates the false name of a country or place or false name and
address of the breeder of a variety registered under this Act in thecourse of trading such variety,
shall, unless he proves that he acted, without intent to defraud, be punishable with
imprisonment for a term which shall not be less than three months but which mayextend to two years, or with fine which shall not be less than fifty thousand rupees
but which may extend to five lakh rupees, or with both.
71.  Any person who sells, or exposes for sale, or has in his possession for sale
or for any purpose of trade or production of any variety to which any false
denomination is applied or to which an indication of the country or place in which
such variety was made or produced or the name and address of the breeder of suchvariety registered under this Act has been falsely made, shall, unless he proves—
(a) that having taken all reasonable precautions against committing an
offence against this section, he had at the time of commission of the
alleged offence no reason to suspect the genuineness of the
denomination of such variety or that any offence had beencommitted in respect of indication of the country or place in which
such variety registered under this Act, was made or produced or the
name and address of the breeder of such variety;
(b) that, on demand by or on behalf of the prosecutor, he gave all the
information in his possession with respect to the person from whom
he obtained such variety; or
(c) that otherwise he had acted innocently,
be punishable with imprisonment for a term which shall not be less than six months
but which may extend to two years, or with fine which shall not be less than fifty
thousand rupees but which may extend to five lakh rupees, or with both.
72. Whoever makes any representation with respect to the denomination of a
variety or its propagating material or essentially derived variety or its propagating
material not being variety or its propagating material or essentially derived varietyor its propagating material registered under this Act, to the effect that it is a variety
or its propagating material or essentially derived variety or its propagating material
registered under this Act or otherwise represents any variety, or its propagating
material, or essentially derived variety or its propagating material not registered
under this Act to the effect that it is registered under this Act shall be punishable
with imprisonment for a term, which shall not be less than six months but which
may extend to three years, or with fine which shall not be less than one lakh rupeesbut which may extend to five lakh rupees, or with both.Penalty for
applying false
denomination,
etc.
Penalty for
selling
varieties towhich false,
denomination
is applied, etc.
Penalty for
falsely
representing a
variety as
registered.IP/N/1/IND/P/1
Page 46
No offence in
certain cases.
Exemption of
certain persons
employed inordinary course
of business.
Procedure
where
invalidity ofregistration is
pleaded by
accused.73. Whoever, having already been convicted of an offence under this Act is
again convicted of such offence shall be punishable for the second and for everysubsequent offence with imprisonment for a term which shall not be less than one
year but which may extend to three years, or with fine which shall not be less than
two lakh rupees but which may extend to twenty lakh rupees, or with both.
74. The provisions of this Act  relating to offences shall be subject to the right
created as recognised by this Act and no act or ommission shall be deemed to be an
offence under the provisions of this Act if such act or ommission is permissibleunder this Act.
75. Where a person accused of an offence under this Act proves that in the
ordinary course of his employment, he has acted without any intention to commit
the offence and having taken all reasonable precautions against committing the
offence charged, he had, at the time of the commission of the alleged offence, no
reason to suspect the genuineness of the act so charged as an offence and on
demand made by or on behalf of the prosecutor, he gave all the information in hispossession with respect to the persons on whose behalf the offence was committed,
he shall be acquitted.
76.  (1) Where the offence charged under this  Act is in relation to a variety or
its propagating material or essentially derived variety or its propagating material
registered under this Act and the accused pleads that the registration of such variety
or its propagating material or essentially derived variety or its propagating material,
as the case may be, is invalid and the court is satisfied that such offence is prima
facie  not tenable, it shall not proceed with the charge but shall adjourn the
proceedings for three months from the date on which the plea of the accused is
recorded to enable the accused to file an  application before the Registrar under this
Act for the rectification of the Register on the ground that the registration is invalid.
(2) If the accused proves to the court that he has made such application within
the time so limited or within such furthe r time as the court for sufficient cause
allow, the further proceedings in the prosecution shall stand stayed till the disposalof such application for rectification.
(3) If within a period of three months or within such extended time as may be
allowed by the court, the accused fails to apply to the Registrar for rectification of
the Register, the court shall proceed with the case as if the registration were valid.
(4) Where before institution of a complaint of an offence referred to in sub-
section ( 1), any application for the rectification of the Register concerning the
registration of the variety or its propagating material or essentially derived varietyor its propagating material, as the case may be, in question on the ground of
invalidity of such registration has already been properly made to and is pending
before the Registrar,  the court shall stay the further proceedings in the prosecutionPenalty for
subsequent
offence.IP/N/1/IND/P/1
Page 47
Offences by
companies.pending the disposal of the application aforesaid and shall determine the charge
against the accused in conformity with the result of the application for rectification.
77. (1) If the person committing an offence under this Act is a company, the
company as well as every person in charge of, and responsible to, the company for
the conduct of its business at the time of the commission of the offence shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such
person liable to any punishment, if he proves that the offence was committed
without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where an offence
under this  Act has been committed by a company and it is proved that the offence
has been committed with the consent or connivance of, or that the commission of
the offence is attributable to any neglect on the part of any director, manager,secretary or other officer of the company, such director, manager, secretary or other
officer shall also be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.— For the purposes of this section,—
(a)  “company” means any body corporate and includes a firm or other
association of individuals; and
(b)  “director”, in relation to a firm, means a partner in the firm.
CHAPTER XI
M
ISCELLANEOUS
78. 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 thisAct, 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 Governmentmay 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 the
purposes of war or military establishment or for the purposes of war or other
emergency in international relations.Protection of
security of
India.IP/N/1/IND/P/1
Page 48
Document open
to public
inspection.79. Where a denomination of a variety or its propagating material or
essentially derived variety or its propagating material registered under this Act has
been applied to the variety or its propagating material or essentially derived variety
or its propagating material, as the case may be, on sale or in the contract for sale of
such variety or its propagating material or essentially derived variety or itspropagating material, as the case may be, the seller shall be deemed to warrant that
the denomination is a genuine denomination and not falsely applied, unless the
contrary is expressed in writing signed by or on behalf of the seller and delivered at
the time of the sale of the variety or its propagating material or essentially derived
variety or its propagating material, as the case may be, or contract to and accepted
by the buyer.
80. If a person who is a party to a proceeding under this Act (not being a
proceeding in a court) dies pending the proceeding, the Authority or the Registrar,
as the case may be, may, on request, and on proof to the satisfaction of such
Authority or Registrar, of the transmission of the interest of the deceased person,
substitute in the proceedings his successor in interest in his place, or, if the
Authority or the Registrar is of opinion that the interest of the deceased person issufficiently represented by the surviving party, permit the proceedings to continue
without the substitution of his successor in interest.
81. The registered agent or the registered licensee of a variety or its
propagating material or essentially derived variety or its propagating material
registered under this Act may institute appropriate proceedings in the court under
this Act on behalf of the breeder of such variety or its propagating material or
essentially derived variety or its propagating material, as the case may be, if suchagent or licensee has been authorised in the prescribed manner by such breeder for
doing so.
82. (1) A copy of any entry in the Register, or of any document issued under
this Act purporting to be certified by the Authority or the Registrar and sealed with
the seal of such Authority or Registrar, as the case may be, shall be admitted in
evidence in all courts and in all proceedings without further proof or production of
the original.
(2) A certificate purporting to be under the hand of the Authority or the
Registrar,  as the case may be, as to any entry, matter or things that such Authority
or Registrar is authorised by this Act or the rules to make or do shall be prima facie
evidence of the entry having been made, and of the content thereof, or of the matter
or things having been done or not done.
83. The Authority or the Registrar or any officer working under the Authority
or the Registrar, as the case may be, shall not, in any legal proceedings, becompelled to produce the Register or any other document in its or his custody, the
content of which can be proved by the production of a certified copy issued under
this Act in the prescribed manner or to appear as a witness to prove the matter
therein recorded unless by order of the court made for special cause.Implied
warranty on
sale of
registered
variety, etc.
Death of party
to aproceeding.
Rights of
registered
agent and the
registered
licensee to
institute suit.
Evidence of
entry in
Register, etc.,
and thingsdone by the
Authority and
Registrar.
Authority,
Registrar and
other officers
not
compellable toproduction of
Register, etc.IP/N/1/IND/P/1
Page 49
Report of
Authority to be
placed beforeParliament.
Government to
be bound.
Proceedings
before
Authority orRegistrar.
Protection of
action taken in
good faith.
Bar of
jurisdiction.
Members and
staff of
Authority, etc.,
to be public
servants.
Exemption
from tax onwealth and
income.
Act to have
overriding
effect.84. Any person may, on an application to the Authority or the Registrar, as the
case may be, and on payment of such fees as may be prescribed, obtain a certified
copy of any entry in the Register or any other document in any proceedings under
this Act pending before such Authority or Registrar or may inspect such entry or
document.
85. The Central Government shall cause to be placed before both Houses of
Parliament once a year a report regarding the performance of the Authority underthis Act.
86. The provisions of this Act shall be binding on the Government.
87. All proceedings before the Authority or the Registrar, as the case may be,
relating to registration of variety or essentially derived variety, registration of agent,
registration of licence or registration of compulsory licensing under this Act shall be
deemed to be judicial proceedings within the meaning of sections 193 and 228, and
for the purpose of section 196 of the Indian Penal Code and the Authority or theRegistrar, as the case may be, shall be deemed to be a civil court for the purposes ofsection 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
88. No suit, prosecution or other legal proceeding shall lie against the Central
Government, or against the Chairperson, or members, or the Registrar or any personacting under such Government,  Authority or Registrar under the provisions of this
Act, for anything which is in good faith done or intended to be done in pursuance of
this Act or any rule, regulation, scheme or order made thereunder.
89. No civil court shall have jurisdiction in respect of any matter which the
Authority or the Registrar or the Tribunal is empowered by or under this Act to
determine.
90. The Chairperson, members, officers and other employees of the Authority
and the Registrar-General and the officers and other employees working under him
shall be deemed to be public servants within the meaning of section 21 of the IndianPenal Code.
91. Notwithstanding anything contained in the Wealth-tax Act, 1957, the
Income-tax Act, 1961, or any other enactment for the time being in force relating to
tax on wealth, income, profits or gains, the Authority shall not be liable to pay
wealth-tax, income-tax or any other tax in respect of  its wealth, income, profits orgains derived.45 of 1860
2 of 1974
45 of 1860
27 of 1957.
43 of 1961IP/N/1/IND/P/1
Page 50
Power of
Central
Government togive directions.
Power to
removedifficulties.92. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force or in
any instrument having effect by virtue of any law other than this Act.
93. The Central Government may give directions to the Authority 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 madethereunder.
94. (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.
95. (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 all or any of the following matters,namely:—
(a) duties and jurisdiction of the Registrars under sub-section ( 4) of
section 12;
(b) the term of office and the conditions of service of the Registrars
under sub-section ( 5) of section 12;
(c) the criteria of distinctiveness, uniformity and stability for
registration of extant variety under sub-section ( 2) of section 15;
(d) the manner  in which a single and distinct denomination to a variety
shall be assigned  by the applicant under sub-section ( 1) of section
17;Power to
make
regulations.IP/N/1/IND/P/1
Page 51
(e) the matters governing the assignment of denomination to a variety
under sub-section ( 2) of section 17;
(f) the time within which the Registrar may require the applicant to
propose another denomination under  sub-section ( 3) of section 17;
(g) the form of application under clause ( d) of sub-section ( 1) of
section 18;
(h)  the standards for evaluating seed during tests under sub-section ( 1)
of section 19;
(i) the quantity of seeds or  propagating material including parental
line seeds to be deposited by a breeder and the time to be specified
under sub-section ( 1) of section 27;
(j) the limitations and conditions subject to which a  breeder may
authorise a person to produce, sell, market or   otherwise deal with
variety under sub-section ( 2) of section 28;
(k) the form for authorisation under sub-section ( 3) of section 28.
96. (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
[including the quorum at its meetings and the transaction of
business of its Standing Committee appointed under sub-section
(7) of section 3] under sub-section ( 1) of section 4;Power of
Central
Government
to make rules.IP/N/1/IND/P/1
Page 52
(iv) the control and restriction regarding appointment of the officers
and other employees of the Authority and the method of such
appointment, salary and allowances  and other conditions of
service  under section 6;
(v) the powers and duties of the Chairperson under section 7;
(vi) the terms and conditions subject to which and the manner  in
which the measures referred to  in sub-section ( 1) of section 8
may provide for the registration of  new extant varieties under
clause ( a) of sub-section ( 2) of that section;
(vii) the manner  for arranging production and sale of the seed under
clause ( e) of sub-section ( 2) of section 8;
(viii) the orders by the Authority or  the Registrar as to costs under
clause ( b) of section 11;
(ix) the salary and  allowances of  Registrar-General of Plant
Varieties and the conditions of service  in respect of his leave,
pension, provident fund and other matters under sub-section ( 3)
of section 12;
(x) the matters to be included in the National Register  of Plant
Varieties under sub-section ( 1) of  section 13;
(xi) the manner  of authorising a person under clause ( e)  of sub-
section ( 1)  of section 16;
(xii) the fees under clause  ( g) and the other particulars under
clause ( i) which shall accompany the  application under sub-
section ( 1)  of section 18;
(xiii) the form of application under the proviso to sub-section ( 1) of
section 18;
(xiv) the period within which after making application  a proof of the
right to make  the application is to be furnished under sub-
section ( 3) of section 18;
(xv) the fees to be deposited by the applicant under sub-section  ( 2) of
section 19;
(xvi) the manner and method of conducting the tests under sub-
section ( 3) of section 19;
(xvii)  the manner of advertising application, conditions or limitations
and  specifications of variety for registration including its
photographs or drawings under sub-section ( 1) of section 21;
(xviii)  the manner of giving notice and the fees payable therefor under
sub-section ( 2) of section 21;
(xix) (xithe manner of sending counter-statement under sub-section ( 4)
of section 21;
(xx) the manner of submitting evidence and the time within which
such evidence may be submitted under sub-section ( 6) of
section 21;IP/N/1/IND/P/1
Page 53
(xxi) the documents and fees under sub-section ( 1) and the tests to be
conducted and the procedure to be followed under sub-
section ( 3) of section 23;
(xxii)  the form of a certificate of registration and the other authority to
which a copy thereof shall be sent under sub-section ( 8) of
section 23;
(xxiii)  the form of a certificate of registration  and the other authority to
which a copy thereof and the maximum time for issuing the
certificate of registration  under sub-section ( 2) of section 24;
(xxiv)  the manner of giving notice to the applicant under sub-
section ( 3) of section 24;
(xxv) the fees for review and renewal under sub-section ( 6) of
section 24;
(xxvi)  the contents of the certificate and the manner of publishing
such contents and inviting claim of benefits sharing under sub-
section ( 1) of section 26;
(xxvii)  the form for submitting  claims of benefit sharing and the fees to
be accompanied therewith under sub-section ( 2) of section 26;
(xxviii)  the manner in which and the time within which opposition to
claims shall be  submitted under sub-section ( 3) of section 26;
(xxix)  the manner of making reference under sub-section ( 7) of
section 26;
(xxx) the manner of making an application for registration for title and
the fees to be  accompanied therewith under sub-section ( 4) of
section 28;
(xxxi)  the manner of referring the disputes regarding registration of
entitlement under the proviso to sub-section ( 4) of section 28;
(xxxii)  the manner to enter into a certificate the brief conditions of
entitlement under sub-section ( 5) of section 28;
(xxxiii)  the manner of making an application for varying the terms of
registration under clause ( a) of sub-secction ( 9) of section 28;
(xxxiv)  the manner of making an  application by the registered breeder
and certain other for cancellation of terms of registration under
clause ( b) of sub-section ( 9) of section 28;
(xxxv)  the manner of application by any person other than the breeder,
his successor, the registered agent or the registered licensee for
cancellation of terms of registration under clause ( c) of sub-
section ( 9) of section 28;
(xxxvi)  the manner of application for cancellation of the terms of
registration under clause ( d) of sub-section ( 9) of section 28;
(xxxvii)  the manner of application for cancellation of the terms of
registration under clause ( e) of sub-section ( 9) of section 28;IP/N/1/IND/P/1
Page 54
(xxxviii)  the manner of  issuing notice to the registered breeder of a
variety or his successor or to each registered agent or registered
licensee (not being the applicant) under sub-section ( 10) of
section 28;
(xxxix)  the manner of giving notice to the Registrar  under sub-section
(1) of section 33;
(xl) the manner of notifying to the registered agent or registered
licensee under sub-section ( 2) of section 33;
(xli) (xli) the period within which the notice of opposition under sub-
section ( 3) of section 33 may be given;
(xlii) the manner of making application under section 34;
(xliii)  the manner of depositing fee under sub-section ( 2) of
section 35;
(xliv)  (the  manner  of  making  application  under  sub-section  ( 1)  of
section 36;
(xlv) the manner of applying to the Registrar under sub-section ( 2) of
section 36;
(xlvi)  the manner of giving notice under sub-section ( 4) of section 36;
(xlvii)  the manner of application under sub-section ( 1) of section 37;
(xlviii)  the  manner  of  making  application  under  sub-section  ( 2)  of
section 37;
(xlix)  the  manner  to  apply  to  the Registrar  under  sub-section  ( 1)
of  section 38;
(l) the manner of advertising application and to give notice to the
Registrar, and the time from the date of the advertisement within
which a person may give such notice under sub-section ( 2) of
section 38;
(li) the manner of advertising the denomination of the variety under
sub-section ( 3) of section 38;
(lii) the manner of recognition and reward from Gene Fund under
clause ( iii) of sub-section ( 1) of section 39;
(liii) the manner of claiming compensation and filing of opposition
under sub-section ( 2) of section 39;
(liv) the manner of issuing notice and filing objection under sub-
section ( 3) of section 41;
(lv) the manner of  receiving benefit sharing under clause ( a) of sub-
section ( 1) of section 45;
(lvi) the manner of applying Gene Fund under sub-section ( 2) of
section 45;
(lvii) the particulars to be contained in the application under sub-
section ( 2) of section 47;IP/N/1/IND/P/1
Page 55
(lviii)  the  authority and the manner  in which such authority shall
make available to the compulsory licensee the reproduction
material of the variety under section  50;
(lix) the form for making application under sub-section(1) of section
52;
(lx) the period within which an appeal shall be preferred under sub-
section ( 1) of section 56;
(lxi) the form of petition and the particulars which such petition shall
contain under sub-section ( 2) of section 56;
(lxii) the form for preparing annual statement of accounts under sub-
section ( 1) of section 62;
(lxiii)  the financial and administrative powers which the Chairperson
shall exercise under section 63;
(lxiv)  the manner of using the denomination of a variety under sub-
section ( 1) of section 68;
(lxv) the manner of authorising registered agent or registered licensee
under section 81;
(lxvi)  the manner of issuing certified copy of content of  Register or
any other document under section 83;
(lxvii)  the fees payable for obtaining a certified copy of, or to inspect,
any entry in the Register  or any other document under section
84;
(lxviii)  any other matter which is to be, or may be, prescribed or in
respect of which this Act makes no provision or makes
insufficient provision and provision is, in the opinion of the
Central Government, necessary for the proper implementation of
this Act.
(lxix)  
97. Every rule and every regulation and every scheme made under this Act
shall be laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be comprised in
one session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or regulation or scheme orboth Houses agree that the rule or regulation or scheme should not be made, the rule
or regulation or scheme shall thereafter have effect only in such modified form or
be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done
under that rule or regulation or scheme.
_______________
               The above Bill has been passed by the Houses of Parliament.Rules,
regulations
and schemes
to be laidbefore
Parliament.IP/N/1/IND/P/1
Page 56
Dated the               2001.                                                                               Chairman
_______________
               I assent to this Bill.
Dated the                       2001.                                                                        President
A
Bill
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.
___________
(As passed by the Houses of Parliament)
__________