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Protection of Plant Varieties and Farmers Rights Act, 2001

Protection of Plant Varieties and Farmers Rights Act, 2001






1 Short title, extent and commencement
2 Definitions
3 Establishment of Authority
4 Meeting of Authority
5 Committees of Authority
6 Officers and other employees of the 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
12 Registry and offices thereof
13 National Register of Plant Varieties
14 Application for registration
15 Registrable 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
23 Registration of essentially derived variety
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
33 Surrender of certificate of registration
34 Revocation of protection on certain grounds
35 Payment of annual fees 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
39 Farmers’ rights
40 Certain information to be given in application for registration
41 Rights of communities
42 Protection of innocent infringement
43 Authorisation of farmers’ variety
44 Exemption from fees
45 Gene Fund
46 Framing of schemes, etc
47 Power of Authority to make order for compulsory licence in certain circumstances
48 When requirement of public deemed to have not been satisfied
49 Adjournment of application for grant of compulsory licence
50 Duration of compulsory licence
51 Authority to settle terms and conditions of licence
52 Revocation of compulsory licence
53 Modification of compulsory licence
54 Tribunal
55 Composition of Tribunal
56 Appeals to Tribunal
57 Orders of Tribunal
58 Procedure of Tribunal
59 Transitional provisions
60 Grants by Central Government
61 Authority Fund
62 Budget, accounts and audit
63 Financial and administrative powers of Chairperson
64 Infringement
65 Suit for infringement, etc
66 Relief in suits for infringement
67 Opinion of scientific adviser
68 Prohibition to apply denomination of a registered variety
69 Meaning of falsely applying denomination of a registered variety
70 Penalty for applying false denomination, etc
71 Penalty for selling varieties to which false denomination is applied, etc
72 Penalty for falsely representing a variety as registered
73 Penalty for subsequent offence
74 No offence in certain cases
75 Exemption of certain persons employed in ordinary course of business
76 Procedure where invalidity of registration is pleaded by the accused
77 Offence by companies
78 Protection of security of India
79 Implied warranty on sale of registered variety, etc
80 Death of party to a proceeding
81 Right of registered agent and the registered licensee to institute suit
82 Evidence of entry in Register, etc. and things done by the Authority and the Registrar
83 Authority, Registrar and other officers not compellable to production of Register, etc
84 Document open to public inspection
85 Report of Authority to In placed before Parliament
86 Government to be bound
87 Proceedings before Authority or Registrar
88 Protection of action taken in good faith
89 Bar or jurisdiction
90 Members 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


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