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Section 49 – Protection of Plant Varieties and Farmers Rights Act,2001

Protection of Plant Varieties and Farmers Rights Act,2001

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 Ac tin respect of which such application is made, has taken immediate measures to meet the reasonable requirement of the public for the seed or other propagating material of such variety.

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Protection of Plant Varieties and Farmers Rights Act,2001

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