Protection of Plant Varieties and Farmers Rights Act,2001
Section 21. Advertisement of application
(1) Where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under sub-section (1) of Section 20, the Registrar shall, as soon as after its acceptance, cause such application together with the conditions or limitations, if any, subject to which it has been accepted and the specifications of the variety for registration of which such application is made including its photographs or drawings, to be advertised in the prescribed manner calling objections from the persons interested in the matter.
(2) Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration.
(3) Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely:-
(a) that the person opposing the application is entitled to the breeder’s right as against the applicant; or
(b) that the variety is not registrable under this Act; or
(c) that the grant of certificate of registration may not be in public interest; or
(d) that the variety may have adverse effect on the environment.
(4) The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months form the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application.
(5) If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.
(6) Any evidence upon which the opponent and the applicant may rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar shall give an opportunity to them to be heard, if so desired.
(7) The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not.
(8) Where a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides not carries on business in India, the Registrar may require him to give security for the cost of proceeding before him and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned.
(9) The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he may think fit.
