The Protection of Plant Varieties and Farmers Rights Act, 2001
| Contents |
| Sections |
Particulars |
| Chapter I |
Preliminary |
| 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 |
| 12 |
Registry and offices thereof |
| 13 |
National Register of Plant Varieties |
| 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 |
| 23 |
Registration of essentially derived variety |
| Chapter IV |
Duration and Effect of Registration and Benefit 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 |
Provisions as to reciprocity |
| 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 fees 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 |
Farmers 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 fees |
| 45 |
Gene Fund |
| 46 |
Framing 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 |
| Chapter VIII |
Plant Varieties Protection Appellate Tribunal |
| 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 |
| 68 |
Prohibition to apply the denomination of a registered variety |
| 69 |
Meaning of falsely applying the denomination or 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 |
| 76 |
Procedure invalidity of registration is pleaded by the accused |
| 77 |
Offences by companies |
| Chapter X |
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 |
| 85 |
Report of Authority to be placed before Parliament |
| 86 |
Government to be bound |
| 87 |
Proceedings before Authority or Registrar |
| 88 |
Protection of action taken in good faith |
| 89 |
Bar of jurisdiction |
| 90 |
Member 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 |
An 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:-
