The Protection of Plant Varieties and Farmers' Rights Act, 2001
43. Authorisation of
farmers' variety.-
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 or development of such variety.