The Protection of Plant Varieties and Farmers Rights Act, 2001
Administered Ministry: Ministry of Agriculture and Farmers Welfare / Department of Agriculture, Cooperation and Farmers Welfare
Section
Section 1 Short title, extend and commencement. 2 docs
(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 date1 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 any 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) It extends to the whole of India.
(3) It shall come into force on such date1 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 any 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.
1. 11th November, 2005, ss. 2 to 13 (both inclusive) and ss. 95, 96 and 97, vide notification No. S.O. 1588(E), dated 11th November, 2005, see Gazette of India, Extraordinary, Part II, sec. 3(ii).
19th October, 2006, s. 1 and ss. 14 to 94 (both inclusive) vide notification No. S.O. 1797(E), dated 19th October, 2006, see Gazette of India Extraordinary, Part II, sec. 3(ii).
19th October, 2006, s. 1 and ss. 14 to 94 (both inclusive) vide notification No. S.O. 1797(E), dated 19th October, 2006, see Gazette of India Extraordinary, Part II, sec. 3(ii).
Section 2 Definitions.
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 proportion 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;
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(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 citizens of 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 principle 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 initial variety 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 results from the genotype or combination of genotype 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;
(j) "extant variety" means a variety available in India which is--
(i) notified under section 5 of the Seeds Act, 1966 (54 of 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 person any wild species or traditional varieties or adds 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;
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(p) "member" means a member of the Authority appointed under clause (b) of sub-section (5) of section 3 and includes the member-secretary;
3[(q) "prescribed" means,--
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, 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;
(s) "Register" means a 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 section12;
(v) "Registry" means the Plant Variety Registry referred to in sub-section (1) of section 12;
(w) "regulations" means 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;
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(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, farmers variety and essentially derived variety.
(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 proportion 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;
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(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 citizens of 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 principle 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 initial variety 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 results from the genotype or combination of genotype 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;
(j) "extant variety" means a variety available in India which is--
(i) notified under section 5 of the Seeds Act, 1966 (54 of 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 person any wild species or traditional varieties or adds 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;
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(p) "member" means a member of the Authority appointed under clause (b) of sub-section (5) of section 3 and includes the member-secretary;
3[(q) "prescribed" means,--
(i) in relation to proceedings before a High Court, prescribed by rules made by the High Court; and
(ii) in other cases, 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;
(s) "Register" means a 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 section12;
(v) "Registry" means the Plant Variety Registry referred to in sub-section (1) of section 12;
(w) "regulations" means 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;
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(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, farmers variety and essentially derived variety.
1. Clause (d) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
2. Clauses (n) and (o) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
3. Subs. by s. 23, ibid., for clause (q) (w.e.f. 4-4-2021).
4. Clauses (y) and (z) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
2. Clauses (n) and (o) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
3. Subs. by s. 23, ibid., for clause (q) (w.e.f. 4-4-2021).
4. Clauses (y) and (z) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
Section 3 Establishment of Authority. 3 docs
(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 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 Authority may, 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 caliber 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, Government 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;
(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 womens 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).
(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 Authority may, 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 caliber 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, Government 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;
(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 womens 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).
Section 4 Meetings of Authority.
(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 [including the 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 shall preside at the meeting.
(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 in his 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.
(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 shall preside at the meeting.
(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 in his 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.
Section 5 Committees of Authority. 1 docs
(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.
(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.
Section 6 Officers and other employees of Authority. 1 docs
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 of the Authority shall be such as may be prescribed.
Section 7 Chairperson to be Chief Executive. 1 docs
The Chairperson shall be the Chief Executive of the Authority and shall exercise such powers and perform such duties as may be prescribed.
Section 8 General functions of Authority.
(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--
(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 person entitled 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.
(2) In particular, and without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1) may provide for--
(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 person entitled 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.
Section 9 Authentication of orders, etc., of Authority.
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.
Section 10 Delegation.
The Authority may, by general or special order in writing, delegate to the Chairperson, 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.
Section 11 Power of Authority.
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 cost as it considers reasonable and any such order shall be executable as a decree of a civil court.
(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 cost as it considers reasonable and any such order shall be executable as a decree of a civil court.
Section 12 Registry and offices thereof. 2 docs
(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 such conditions 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 direction of 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.
(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 such conditions 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 direction of 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.
Section 13 National Register of Plant Varieties. 2 docs
(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 or other 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.
(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.
Section 14 Application for registration.
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
(c) which is a farmers' variety.
(a) of such genera and species as specified under sub-section (2) of section 29; or
(b) which is an extant variety; or
(c) which is a farmers' variety.
Section 15 Registrable varieties.
(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 the regulations.
(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 another variety whose existence is a matter of common knowledge in any country at the time of filing of the application.
Explanation.--For the removal of doubts, it is hereby declared that the filing of an application for the granting of a breeders right to a new variety 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 of breeder of such variety; or
(iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species 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 (12 of 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 the circumstances of the case.
(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 the regulations.
(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 another variety whose existence is a matter of common knowledge in any country at the time of filing of the application.
Explanation.--For the removal of doubts, it is hereby declared that the filing of an application for the granting of a breeders right to a new variety 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 of breeder of such variety; or
(iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species 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 (12 of 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 the circumstances of the case.
Section 16 Persons who may make application.
(1) An application for registration under section 14 shall be made by--
(a) any person claiming to be the breeder of the variety; or
(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.
(a) any person claiming to be the breeder of the variety; or
(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.
Section 17 Compulsory variety denomination.
(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 accordance with 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 such regulations.
(4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act.
(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 such regulations.
(4) Notwithstanding anything contained in the Trade Marks Act, 1999 (47 of 1999), a denomination assigned to a variety shall not be registered as a trade mark under that Act.
Section 18 Form of application. 1 docs
(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;
(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 such information 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 making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application.
(a) be with respect to a variety;
(b) state the denomination assigned to such variety by the applicant;
(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 such information 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 making the application, or within such period after making the application as may be prescribed, a proof of the right to make the application.
Section 19 Test to be conducted. 1 docs
(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 conform to 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 in such manner and in such condition that its viability and quality shall remain unaltered.
(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.
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 in such manner and in such condition that its viability and quality shall remain unaltered.
(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.
Section 20 Acceptance of application or amendment thereof.
(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 such application, 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.
(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.