The Protection of Plant Varieties and Farmers Rights Act, 2001

The Protection of Plant Varieties and Farmers Rights Act, 2001 is an Indian law that grants plant breeders the exclusive right to produce, sell, distribute, and use a new plant variety for a specific period of time.

Plant VarietiesFarmers RightsPlant BreedersPlant Varieties RegistryProtection Of Plant Varieties And Farmers' Rights AuthorityPlant Genetic Resources

Summary

The Protection of Plant Varieties and Farmers Rights Act, 2001 is a law in India that provides for the establishment of an effective system for the protection of plant varieties, the rights of farmers, and plant breeders. The Act grants plant breeders the exclusive right to produce, sell, distribute, and use a new plant variety for a specific period of time. It also provides for the establishment of a Plant Varieties Registry to maintain a national register of plant varieties, and for the establishment of a Protection of Plant Varieties and Farmers' Rights Authority to oversee the implementation of the Act. The Act also recognizes the role of farmers in conserving, improving, and making available plant genetic resources for the development of new plant varieties, and provides for the protection of their rights in the use of such resources.

CHAPTER I
PRELIMINARY

Section 1 : Short title, extend and commencement

Section 2 : Definitions

CHAPTER II

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY
Protection of Plant Varieties and Farmers’ Rights Authority

Section 3 : Establishment of Authority

Section 4 : Meetings of Authority

Section 5 : Committees of Authority

Section 6 : Officers and other employees of Authority

Section 7 : Chairperson to be Chief Executive

Section 8 : General functions of Authority

Section 9 : Authentication of orders, etc, of Authority

Section 10 : Delegation

Section 11 : Power of Authority

PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS AUTHORITY AND REGISTRY
Registry

Section 12 : Registry and offices thereof

Section 13 : National Register of Plant Varieties

CHAPTER III

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY
Application for registration

Section 14 : Application for registration

Section 15 : Registrable varieties

Section 16 : Persons who may make application

Section 17 : Compulsory variety denomination

Section 18 : Form of application

Section 19 : Test to be conducted

Section 20 : Acceptance of application or amendment thereof

Section 21 : Advertisement of application

Section 22 : Registrar to consider grounds of opposition

REGISTRATION OF PLANT VARIETIES AND ESSENTIALLY DERIVED VARIETY
Registration of essentially derived variety

Section 23 : Registration of essentially derived variety

CHAPTER IV
DURATION AND EFFECT OF REGISTRATION AND BENEFIT SHARING

Section 24 : Issue of certificate of registration

Section 25 : Publication of list of varieties

Section 26 : Determination of benefit sharing by Authority

Section 27 : Breeder to deposit seeds or propagating material

Section 28 : Registration to confer right

Section 29 : Exclusion of certain varieties

Section 30 : Researcher?s rights

Section 31 : Special provisions relating to application for registration from citizens of convention countries

Section 32 : Provisions as to reciprocity

CHAPTER V
SURRENDER AND REVOCATION OF CERTIFICATE AND RECTIFICATION AND CORRECTION OF REGISTER

Section 33 : Surrender of certificate of registration

Section 34 : Revocation of protection on certain grounds

Section 35 : Payment of annual fees and forfeiture of registration in default thereof

Section 36 : Power to cancel or change registration and to rectify the Register

Section 37 : Correction of Register

Section 38 : Alteration of denomination of a registered variety

CHATER VI
FARMERS’ RIGHTS

Section 39 : Farmers? rights

Section 40 : Certain information to be given in application for registration

Section 41 : Rights of communities

Section 42 : Protection of innocent infringement

Section 43 : Authorisation of farmers? variety

Section 44 : Exemption from fees

Section 45 : Gene Fund

Section 46 : Framing of schemes, etc

CHAPTER VII
COMPULSORY LICENCE

Section 47 : Power of Authority to make order for compulsory licence in certain circumstances

Section 48 : When requirement of public deemed to have not been satisfied

Section 49 : Adjournment of application for grant of compulsory licence

Section 50 : Duration of compulsory licence

Section 51 : Authority to settle terms and conditions of licence

Section 52 : Revocation of compulsory licence

Section 53 : Modification of compulsory licence

CHAPTER VIII
APPEALS

Section 54 : Tribunal

Section 55 : Composition of Tribunal

Section 56 : Appeals to High Court

Section 57 : Orders of High Court

Section 58 : Procedure of Tribunal

Section 59 : Transitional provision

CHAPTER IX
FINANCE, ACCOUNTS AND AUDIT

Section 60 : Grants by Central Government

Section 61 : Authority Fund

Section 62 : Budget, accounts and audit

Section 63 : Financial and administrative powers of Chairperson

CHAPTER X

INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE
Infringement

Section 64 : Infringement

Section 65 : Suit for infringement, etc

Section 66 : Relief in suits for infringement

Section 67 : Opinion of scientific adviser

INFRINGEMENT, OFFENCES, PENALTIES AND PRODURE
Offences, penalties and procedure

Section 68 : Prohibition to apply denomination of a registered variety

Section 69 : Meaning of falsely applying denomination of a registered variety

Section 70 : Penalty for applying false denomination, etc

Section 71 : Penalty for selling varieties to which false denomination is applied, etc

Section 72 : Penalty for falsely representing a variety as registered

Section 73 : Penalty for subsequent offence

Section 74 : No offence in certain cases

Section 75 : Exemption of certain persons employed in ordinary course of business

Section 76 : Procedure where invalidity of registration is pleaded by the accused

Section 77 : Offences by companies

CHAPTER XI
MISCELLANEOUS

Section 78 : Protection of security of India

Section 79 : Implied warranty on sale of registered variety, etc

Section 80 : Death of party to a proceeding

Section 81 : Right of registered agent and the registered licensee to institute suit

Section 82 : Evidence of entry in Register, etc, and things done by the Authority and the Registrar

Section 83 : Authority, Registrar and other officers not compellable to production of Register, etc

Section 84 : Document open to public inspection

Section 85 : Report of Authority to be placed before Parliament

Section 86 : Government to be bound

Section 87 : Proceedings before Authority or Registrar

Section 88 : Protection of action taken in good faith

Section 89 : Bar of jurisdiction

Section 90 : Members and staff of Authority, etc, to be public servants

Section 91 : Exemption from tax on wealth and income

Section 92 : Act to have overriding effect

Section 93 : Power of Central Government to give directions

Section 94 : Power to remove difficulties

Section 95 : Power to make regulations

Section 96 : Power of Central Government to make rules

Section 97 : Rules, regulations and schemes to be laid before Parliament

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