Protection of Plant Varieties and Farmers Rights Act, 2001

Bare Act · 2001

An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.

Act number: 53 of 2001
Enacted: 30 October 2001
Contents: 97 sections · 11 chapters

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Chapter I — Preliminary

Chapter II — Protection Of Plant Varieties And Farmers’ Rights Authority And Registry

Section 3 – Establishment of Authority
Section 4 – Meetings of Authority
Section 5 – Committees of Authority
Section 6 – Officers and other employees of Authority (preview)
Section 7 – Chairperson to be Chief Executive (preview)
Section 8 – General functions of Authority (preview)
Section 9 – Authentication of orders, etc., of Authority (preview)
Section 10 – Delegation (preview)
Section 11 – Power of Authority (preview)
Section 12 – Registry and offices thereof (preview)
Section 13 – National Register of Plant Varieties (preview)

Chapter III — Registration Of Plant Varieties And Essentially Derived Variety

Section 14 – Application for registration (preview)
Section 15 – Registrable varieties (preview)
Section 16 – Persons who may make application (preview)
Section 17 – Compulsory variety denomination (preview)
Section 18 – Form of application (preview)
Section 19 – Test to be conducted (preview)
Section 20 – Acceptance of application or amendment thereof (preview)
Section 21 – Advertisement of application (preview)
Section 22 – Registrar to consider grounds of opposition (preview)
Section 23 – Registration of essentially derived variety (preview)

Chapter IV — Duration And Effect Of Registration And Benefit Sharing

Section 24 – Issue of certificate of registration (preview)
Section 25 – Publication of list of varieties (preview)
Section 26 – Determination of benefit sharing by Authority (preview)
Section 27 – Breeder to deposit seeds or propagating material (preview)
Section 28 – Registration to confer right (preview)
Section 29 – Exclusion of certain varieties (preview)
Section 30 – Researcher’s rights (preview)
Section 31 – Special provisions relating to application for registration from citizens of convention countries (preview)
Section 32 – Provisions as to reciprocity (preview)

Chapter V — Surrender And Revocation Of Certificate And Rectification And Correction Of Register

Section 33 – Surrender of certificate of registration (preview)
Section 35 – Payment of annual fees and forfeiture of registration in default thereof (preview)
Section 36 – Power to cancel or change registration and to rectify the Register (preview)
Section 37 – Correction of Register (preview)
Section 38 – Alteration of denomination of a registered variety (preview)
Section 39 – Farmers’ rights (preview)
Section 40 – Certain information to be given in application for registration (preview)
Section 41 – Rights of communities (preview)
Section 42 – Protection of innocent infringement (preview)
Section 43 – Authorisation of farmers’ variety (preview)
Section 44 – Exemption from fees (preview)
Section 45 – Gene Fund (preview)
Section 46 – Framing of schemes, etc (preview)

Sections

Chapter VII — Compulsory Licence

Contents

Chapter I — Preliminary

Chapter II — Protection Of Plant Varieties And Farmers’ Rights Authority And Registry

Chapter III — Registration Of Plant Varieties And Essentially Derived Variety

Chapter IV — Duration And Effect Of Registration And Benefit Sharing

Chapter V — Surrender And Revocation Of Certificate And Rectification And Correction Of Register

Sections

Chapter VII — Compulsory Licence

Chapter VIII — Appeals

Chapter IX — Finance, Accounts And Audit

Chapter X — Infringement, Offences, Penalties And Procedure

Chapter XI — Miscellaneous