The Protection of Plant Varieties and Farmers' Rights Act, 2001
Chapter X
Infringement, Offences, Penalties and Procedure Infringement
64. Infringement.-
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 permission of its breeder or within the scope
of a registered licence or registered agency without permission of the
registered licensee or registered agent, as the case may be;
b.
who
uses, sells, exports, imports or produces any other variety giving such
variety, the denomination identical with or deceptively similar to the
denomination of a variety registered under this Act in such manner as to cause
confusion in the mind of general people in identifying such variety so
registered.