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 41 Rights of communities. 1 docs
(1) Any person or group of persons (whether actively engaged in farming or not) or any governmental or non-governmental organisation may, on behalf of any village or local community in India, file in any centre notified, with the previous approval of the Central Government, 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 has been 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 has 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.
(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 has been 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 has 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.
Section 42 Protection of innocent infringement.
Notwithstanding anything contained in this Act,--
(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 not aware of the existence of the right so infringed.
(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 not aware of the existence of the right so infringed.
Section 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.
Section 44 Exemption from fees.
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 1***or the 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 of any decision or order or document 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 of any decision or order or document under this Act or the rules made thereunder.
1. The words “or the Tribunal” omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
Section 45 Gene Fund. 1 docs
(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 or essentially 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;
(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 such conservation and sustainable use;
(d) the expenditure of the schemes relating to benefit sharing framed under section 46.
(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 or essentially 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;
(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 such conservation and sustainable use;
(d) the expenditure of the schemes relating to benefit sharing framed under section 46.
Section 46 Framing of schemes, etc.
(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).
(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).
Section 47 Power of Authority to make order for compulsory licence in certain circumstances. 1 docs
(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 an application to the Authority alleging that the reasonable requirements of the public 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 applicants 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 opposition and 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 to register 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.
(2) Every application under sub-section (1) shall contain a statement of the nature of the applicants 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 opposition and 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 to register 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.
Section 48 When requirement of public deemed to have not been satisfied.
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 of the 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.
(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 of the 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.
Section 49 Adjournment of application for grant of compulsory licence.
(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 a written 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 twelve months 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 this Act 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.
(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 this Act 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.
Section 50 Duration of compulsory licence. 1 docs
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 prescribed 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.
Section 51 Authority to settle terms and conditions of licence.
(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 propagating material 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 other propagating material of such variety from abroad where such import would constitute an infringement of the rights of the breeder of such variety.
(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 propagating material 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 other propagating material of such variety from abroad where such import would constitute an infringement of the rights of the breeder of such variety.
Section 52 Revocation of compulsory licence. 1 docs
(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 shall rectify the entry or correct the Register accordingly.
(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 shall rectify the entry or correct the Register accordingly.
Section 53 Modification of compulsory licence.
The Authority may, on its own motion or on application from 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.
Section 54 Tribunal.
Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 23 (w.e.f. 4-4-2021).
Section 55 Composition of Tribunal.
Omitted by s. 23, ibid. (w.e.f. 4-4-2021).
Section 56 Appeals to High Court. 2 docs
(1) An appeal shall be preferred to the 1[High Court] 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.
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(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.
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1. Subs. by s. 23, ibid., for Tribunal (w.e.f. 4-4-2021).
2. Sub-section (3) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
2. Sub-section (3) omitted by Act 33 of 2021, s. 23 (w.e.f. 4-4-2021).
Section 57 Orders of High Court.
(1) The 1[High Court] may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.
(2) The 1[High Court] 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 1[High court] 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 1[High Court] shall send a copy of any order passed under this section to the Registrar.
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(2) The 1[High Court] 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 1[High court] 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 1[High Court] shall send a copy of any order passed under this section to the Registrar.
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1.Subs. by s. 23, ibid., for Tribunal (w.e.f. 4-4-2021).
2. Sub-section (5) omitted by s. 23, ibid. (w.e.f. 4-4-2021).
2. Sub-section (5) omitted by s. 23, ibid. (w.e.f. 4-4-2021).
Section 58 Procedure of Tribunal.
Omitted by the Tribunals Reforms Act, 2021 (33 of 2021), s. 23 (w.e.f. 4-4- 2021).
Section 59 Transitional provision.
Omitted by s. 23, ibid. (w.e.f. 4-4-2021).
Section 60 Grants by Central Government.
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.