The protection of plant varieties and farmers' rights (53 of 2001) (Bare Act)/ Universal Law Publication

THE PROTECTION OF PLANT VARIETIES AND
FARMERS' RIGHTS ACT, 2001
•TtUt
Introduction
CHAPTER! PRELIMINARY '
Sections
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
Registry
12. Registry and offices thereof 13. Natiorwl Register of Plant Varieties
CHAPTER III
REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETIES Application for registration 14. Application for registration
15. Registerable 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

Registration of essentially derived variety 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 fee 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. Fanners' right Certain information to be given in application for registration Rights of communities Protection of innocent infringement Authorisation of farmers' variety Exemption from fees
Gene Fund Framing of schemes, etc.
CHAPTER VII
COMPULSORY LICENCE
Power of Authority to make order for compulsory licence in
certain circumstances When requirement of pufflic deemed to have not been satisfied Adjournment of application for grant of compulsory licence. Duration of compulsory licence Authority to settle terms and conditions of licence

52. Revocation of compulsory licence . . . 29 53. Modification of compulsory licence . . 30
CHAPTER VIII
PLANT VARIETIES PROTECTION APPELLATE TRIBUNAL
54. Tribunal . / . , 30
55. Composition of Tribunal . . . 30 56. Appeals to the Tribunal . . . 31
57. Orders of Tribunal . . . 31
58. Procedure of Tribunal . . . 32
59. Transitional provision . . . 32
CHAPTER IX
^ FINANCE, ACCOUNTS AND AUDIT 60. Grants by Central Government . . . 32
61. Authority Fund . . . 33 62. Budget, accounts and audit . . . 33 63. Financial and administrative powers of Chairperson . . . ' 33
CHAPTER X
INFRINGEMENT, OFFENCES, PENALTIES AND PROCEDURE
Infringement 64. Infringement . . . 34 65. Suit for infringement, etc. . . . 34 66. Relief in suit for infringement . . . 34 67. Opinion of scientific adviser . . . 35
Offences, penalties and procedure 68. Prohibition to apply the denomination of a registered variety . . 35 69. Meaning of falsely applying the denomination or a registered variety . 35 70. Penalty for applying false denomination, etc. . . . 36 71. Penalty for selling varieties to which false denomination is applied, etc. . . . 36 72. Penalty for falsely representing a variety as registered . . . 37 73. Penalty for subsequent offence . . . 37
74. No offence in certain cases . . . 37 75. Exemption of certain persons employed in ordinary course of business . 37 76. Procedure where invalidity of registration is pleaded by the accused . 38 77. Offences by companies • • . 38
CHAPTER XI
MISCELLANEOUS 78. Protection of security of India 39 79. Implied warranty or?sale of registered variety, etc. 39 80. Death of party to a proceeding 39 81. Right of registered agent and the registered licensee to institute suit 40 82. Evidence of entry in register, etc., and things done by the Authority and the Registrar 40
83. Authority, Registrar and other officers not compellable to production of Register, etc.
84. Document open to public inspection 85. Report of the 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
THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS RULES, 2003
CHAPTER I
PRELIMINARY
Rules
1. Short title and commencement
2. Definitions 3. Details of particulars to be furnished while making an application or representation
4. Office of the Authority . . .
5. Address for service of notices, etCv 6. Procedure regarding application; representation and issue of noHces 7- Application not to be admitted in certain cases
8. Fees 9, Size, etc., of documents
'0. Affidavits
CHAPTER II PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION authority 11 Manner of Selection and Appointment of the Chairperson . 12. Term of Office of the Chairperson 13 Salary allowances, conditions of service, leave, pension, " nrovident fund, etc., of the Chairperson ' . ' 14. ^signation or removal of the Chairperson from office m certa.n cases

15. Term and allowances of non-official members 16. Proceedings of the Authority . . 17. Chairman and proceedings of the Standing Committee 18. Appointment of Expert Committee by the Authority 19. Salary, allowances and conditions of service of the Registrar-Generd 20. The method of appointment of officers and other employees of the Authority •
21. Powers and duties of the Chairperson 22. General functions of the Authority
23. Matters to be included in the National Register of Plant Varieties .
CHAPTER III
REGISTRATION OF PLANT VARIETY 24. Registration of extant plant varieties under sub-section (2)
of section 15 25. Application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16 26. The fee payable under clause (g) of sub-section (1) of section 18 for making application for registration of plant variety 27. Proof of the right of making application under sub-section (3) of section 18 • • '
28. Fee for conducting tests under section 19 29. Manner and method for conducting tests under section 19 . 30. Advertising of application for registration under section 21 . 31. Notice of opposition under sub-section (2) of section 21 32. Compliance with time schedule 33. Manner of submitting evidence and time limit for filing notice of opposition, counter-statement or producing evidences under section 21 . 34. Application for the registration of essentially derived variety
under section 23 .
35. Manner and method for conducting test under section 23
36. Certificate of registration under section 23
CHAPTER IV
REGISTRATION AND BENEFIT SHARING
37. Certificate of registration under section 24
38. Notice to the applicant under section 24 39. Renewal and revision of registration under section 24 40. Publication of contents of the certificate inviting claims for benefit sharing under section 26
41. Benefit sharing claim under section 26 42. Opposition to a clain» for benefit sharing under section 26 . 43. Determination of benefit sharing under section 26 44. Reference for recovering benefit sharing under section 26 . 45. Application for registration of title of agent or licensee under section 28

46. Referenceof disputes of entitlement under section 28 ' 47. Certificate of registration of entitlement under section 28 . . . ■ 48. Application and procedure for varying or cancelling terms of registration under section 28
49. Notice and proceedings under section 28 . . / .
CHAPTER V
SURRENDER AND REVOCATION OF CERTIFICATE OF REGISTRATION RECTIFICATION AND CORRECTION OF REGISTER
50. Surrender of certificate of registration under section 33 51. Procedure on application for surrender of certificate of registration under section 33 52. Application for revocation of protection granted to a breeder under section 34
53. Procedure on application for revocation under rule 52 54. Payment of annual fee for retention of registration under section 35 55. Application for cancellation or change of certificate of registration under section 36
56. Procedure on application for cancellation or change of certificate of registration under section 36 57. Application to rectify the register under section 36
58. Procedure on application to rectify the Register under rule 57 59. Cancellation or change of registration or rectification of the Register by the Registrar under section 36 60. Application for correction of Register by the registered breeder under section 37
61. Procedure on application for correction of the Register under rule 60 62. Application for correction of the Register by the registered agent or licensee under section 37
63. Procedure on application for correction of the Register under rule 62
64. Alteration of denomination of a registered variety under section 38 65 Procedure on application for alteration of denomination under rule 64
CHAPTER VI
FARMERS' RIGHTS
66. Claim for compensation under section 39 67. Procedure on application for claim for compensation under rule 66 68. Issue of notice under sectfon 41 69 Manner of receiving benefit sharing under section 45 70. Manner of applying the Gene Fund under section 45

CHAPTER VII
COMPULSORY LICENSING
Compulsory licensing under section 47
Manner of making material available under section 50 Revocation of compulsory licence under section 52 ' . . /
CHAPTER VIII
FINANCE, ACCOUNTS AND AUDIT
Financial and administrative powers of the Chairperson
under section 63
CHAPTER IX
MISCELLANEOUS
Marmer of^authorizing registered agent or registered licensee
under section 81
Manner of issuing certified copy under section 84
FIRST SCHEDULE.—Forms
SECOND SCHEDULE.—Fee
THIRD SCHEDULE.—Forms to be used by Registrar and
the Central Government
FOURTH SCHEDULE.—[Recruitment and appointment of the post of officers—See rule 20(1)]
FORM PV-1.—Authorization Form
FORM PV-2.—Proof of Right to Make Application
FORM PV-3.—Notice of Opposition
FORM, PV-4.—Counter-Statement
FORM PV-5.—Request for Extension of time FORM PV-6.— Application for Renewal of Registration of
Plant Varieties
FORM PV-7.— Application for benefit sharing FORM PV-8.— Notice of opposition to an application for benefit sharing
FORM PV-9.— Application for Registration as an agent or licensee FORM PV-10.—Application for variation/cancellation of the terms of registration FORM PV-11.—Notice of Opposition to an application for variation or cancellation of registration
FORM PV-12.—Application of Offer to surrender the certificate of registration by the registered breeder of the plant variety FORM PV-13.—Notice of Opposition for offer to surrender of certiQcate of registration of plant variety .
FORM PV-14.—Notice of Intention to attend hearings FORM PV-15.—Application for revocation of the certificate of registration of the plant variety registered under this Act by any person

FORM PV-16.—Notice of opposition to oppose the revocation of certificate of registration of plant variety . . . 86 FORM PV-17.—Application for an opportunity of being heard . ■,. 86 FORM PV-18.—Application by any person for cancellation or change of any terms of registration of the plant variety registered under this act . . . 87 FORM PV-19.—Application by any person for making, expunging dr varying the entry in the register of plant variety . 88 form PV-20.—Notice of opposition for either cancellation or change of certificate of registration or making, expunging or varying the entry in the register of plant variety by the registrar . . . 89 FORM PV-21.—Application for correction of register by the registered breeder FORM PV-22.—Application for correction of register by the registered agent or the registered licensee FORM PV-23.—Alteration of Denomination . • • 91 FORM PV-24.—Notice of Opposition to the alteration in denomination . 91 FORM PV-25.—Application for Compensation . . . 92 FORM PV-26. Notice of opposition to an application for compensation 93 form PV-27. Notice of opposition to an application for compensation 93 FORM PV-28.—Grant of Compulsory Licence FORM PV-29.—Notice of opposition to an application for compulsory licpnce form PV-30.-An Application for revocation of compulsory licence FORM Py-31.—Notice of opposition to an application for revocation form PV-32.—Form of Authorisation to institute suit . form PV-33.—Request for certified copies of entries in the plant varieties register or for inspection of such entry. form O-l.-Advertisement of Accepted Application for Registration form 0-2.—Certificate of Registration form 0-3.—Notice of Non-Completion of Registration . FORM 0-4.—Reference for recovery of benefit sharing amount FORM 0-5.—Certificate of Registration of Agent or Licencee FORM 0-6.—Notice under section 28 FORM 0-7— Notice of the offer to surrender the certificnte o registration by the breeder of the plant var^ty registered under this Act under .section 33(2) by the registrar " \ FORM 0-8.— Notice of the application for revocation of the of registration of the plant variety registered under this act by any person under section 34 • • FORM 0-9.— Notice*of the Registrar for either cancellation or change of certificate of registration or making, expunging or varying tlieentry in the register of plant variety. 94 95 100 101 101 , 96 96 97 97 98 98 99 99 100 100
FORM O-IO.— Notice of Application for correction of register by the Registered agent or the registered licensee under section 37(2)
FORM O-ll.—Alteration in Denomination Form 0-12.—Notice for compensation towards communities' right^ .
THE PROTECTION OF PLANT VARIETIES AND FARMERS'
RIGHTS REGULATIONS, 2006
CHAPTER I
Regulations
1. Short title and commencement
2. Definitions^
CHAPTER II
DUTIES AND JURISDICTION OF THE REGISTRAR
3. Duties of the Registrar
4. Jurisdiction
5. The term of office and the conditions of service of the Registrars .
CHAPTER III
REGISTRATION OF PLANT VARIETIES AND
ESSENTIALLY DERIVED VARIETY
6. Criteria for registration of extant variety ' . . . 7. Assignment of Denomination to a Plant Variety
8. The manner in which a single and distinct denomination shall be assigned by the Applicant
9. Time within which the Registrar may require an applicant to propose another denomination 10. Form of Application n. Standards for evaluating seeds or variety during tests
CHAPTER IV
DEPOSIT OF SEEDS AND AUTHORISATION 12. Quantity of seeds or propagating materials required to be deposited, by the Breeder, in the National Gene Bank
13. Limitations and conditions for authorisation FORM 1.— Application for registration of New Variety, Extant Variety and Farmer's Variety under Protection of Plant Variety and Farmers' Rights Act, 2001 FORM 11.— Application for Registration of Essentially Derived Variety (EDV) under Protection of Plant Variety and Farmers' Rights Act, 2001
FORM lA.—Form for Authorisation

THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS (CRITERIA FOR DISTINCTIVENESS, UNIFORMITY AND STABILITY FOR REGISTRATION) REGULATIONS, 2009
Regulations ^ 1. Short title and commencement . . . 128
2. Definitions . . . 128
3- . . . 128 4. Criteria of Distinctiveness, Uniformity and Stability for registration of variety about which there is Common Knowledge . . . 128 5. Criteria of Distinctiveness, Uniformity and Stability for registration of farmers' variety . . . 129