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Section 23 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

Section 23. Registration of essentially derived variety

(1) An application for the registration of an essentially derived variety of the genera or species specified under sub-section (2) of Section 29 by the Central Government shall be made to the Registrar by or on behalf of any person referred to in Section 14 and in the manner specified in Section 18 as if for the word “variety”, the words “essentially derived variety” have been substituted therein and shall be accompanied by such documents and fees as maybe prescribed.

(2) When the Registrar is satisfied that the requirements of sub-section (1) have been complied with to his satisfaction, he shall forward the application with his report and all the relevant documents to the Authority.

(3) On receipt of an application under sub-section (2), the Authority shall get examined such essentially derived variety to determine as to whether the essentially derived variety is a variety derived from the initial variety by conducting such tests and following such procedure as may be prescribed.

(4) When the Authority is satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety, it may direct the Registrar to register such essentially derived variety and the Registrar shall comply with the direction of the Authority.

(5) Where the Authority is not satisfied on the report of the test referred to in sub-section (3) that the essentially derived variety has been derived from the initial variety it shall refuse the application.

(6) The rights of the breeder of a variety contained in Section 28 shall apply to the breeder of essentially derived variety :

Provided that the authorisation by the breeder of the initial variety to the breeder of essentially derived variety under sub-section (2) of Section 28 may be subject to such terms and conditions as both the parties may mutually agree upon.

(7) An essentially derived variety shall not be registered under this section unless it satisfied the requirements of Section 15 as if for the word “variety”, the words” essentially derived variety” have been substituted therein.

(8) When an essentially derived variety has been registered by the Registrar incompliance with the direction of the Authority under sub-section (4), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority and to such other authority, as may be prescribed, for information.

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Protection of Plant Varieties and Farmers Rights Act,2001

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