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The Protection of Plant Varieties and Farmers Rights Act, 2001

Central

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
Ministry
Ministry of Agriculture and Farmers Welfare
Department
Department of Agriculture, Cooperation and Farmers Welfare
Enacted
30 Oct 2001

Source: IndiaCode Portal, Legislative Department, Ministry of Law and Justice, Government of India. Open on India Code Check against the official text before relying on it.

97 sections

  1. Section 1Short title, extend and commencement.
  2. Section 2Definitions.
  3. Section 3Establishment of Authority.
  4. Section 4Meetings of Authority.
  5. Section 5Committees of Authority.
  6. Section 6Officers and other employees of Authority.
  7. Section 7Chairperson to be Chief Executive.
  8. Section 8General functions of Authority.
  9. Section 9Authentication of orders, etc., of Authority.
  10. Section 10Delegation.
  11. Section 11Power of Authority.
  12. Section 12Registry and offices thereof.
  13. Section 13National Register of Plant Varieties.
  14. Section 14Application for registration.
  15. Section 15Registrable varieties.
  16. Section 16Persons who may make application.
  17. Section 17Compulsory variety denomination.
  18. Section 18Form of application.
  19. Section 19Test to be conducted.
  20. Section 20Acceptance of application or amendment thereof.
  21. Section 21Advertisement of application.
  22. Section 22Registrar to consider grounds of opposition.
  23. Section 23Registration of essentially derived variety.
  24. Section 24Issue of certificate of registration.
  25. Section 25Publication of list of varieties.
  26. Section 26Determination of benefit sharing by Authority.
  27. Section 27Breeder to deposit seeds or propagating material.
  28. Section 28Registration to confer right.
  29. Section 29Exclusion of certain varieties.
  30. Section 30Researcher’s rights.
  31. Section 31Special provisions relating to application for registration from citizens of convention countries.
  32. Section 32Provisions as to reciprocity.
  33. Section 33Surrender of certificate of registration.
  34. Section 34Revocation of protection on certain grounds.
  35. Section 35Payment of annual fees and forfeiture of registration in default thereof.
  36. Section 36Power to cancel or change registration and to rectify the Register.
  37. Section 37Correction of Register.
  38. Section 38Alteration of denomination of a registered variety.
  39. Section 39Farmers’ rights.
  40. Section 40Certain information to be given in application for registration.
  41. Section 41Rights of communities.
  42. Section 42Protection of innocent infringement.
  43. Section 43Authorisation of farmers’ variety.
  44. Section 44Exemption from fees.
  45. Section 45Gene Fund.
  46. Section 46Framing of schemes, etc.
  47. Section 47Power of Authority to make order for compulsory licence in certain circumstances.
  48. Section 48When requirement of public deemed to have not been satisfied.
  49. Section 49Adjournment of application for grant of compulsory licence.
  50. Section 50Duration of compulsory licence.
  51. Section 51Authority to settle terms and conditions of licence.
  52. Section 52Revocation of compulsory licence.
  53. Section 53Modification of compulsory licence.
  54. Section 54Tribunal.
  55. Section 55Composition of Tribunal.
  56. Section 56Appeals to High Court.
  57. Section 57Orders of High Court.
  58. Section 58Procedure of Tribunal.
  59. Section 59Transitional provision.
  60. Section 60Grants by Central Government.
  61. Section 61Authority Fund.
  62. Section 62Budget, accounts and audit.
  63. Section 63Financial and administrative powers of Chairperson.
  64. Section 64Infringement.
  65. Section 65Suit for infringement, etc.
  66. Section 66Relief in suits for infringement.
  67. Section 67Opinion of scientific adviser.
  68. Section 68Prohibition to apply denomination of a registered variety.
  69. Section 69Meaning of falsely applying denomination of a registered variety.
  70. Section 70Penalty for applying false denomination, etc.
  71. Section 71Penalty for selling varieties to which false denomination is applied, etc.
  72. Section 72Penalty for falsely representing a variety as registered.
  73. Section 73Penalty for subsequent offence.
  74. Section 74No offence in certain cases.
  75. Section 75Exemption of certain persons employed in ordinary course of business.
  76. Section 76Procedure where invalidity of registration is pleaded by the accused.
  77. Section 77Offences by companies.
  78. Section 78Protection of security of India.
  79. Section 79Implied warranty on sale of registered variety, etc.
  80. Section 80Death of party to a proceeding.
  81. Section 81Right of registered agent and the registered licensee to institute suit.
  82. Section 82Evidence of entry in Register, etc., and things done by the Authority and the Registrar.
  83. Section 83Authority, Registrar and other officers not compellable to production of Register, etc.
  84. Section 84Document open to public inspection.
  85. Section 85Report of Authority to be placed before Parliament.
  86. Section 86Government to be bound.
  87. Section 87Proceedings before Authority or Registrar.
  88. Section 88Protection of action taken in good faith.
  89. Section 89Bar of jurisdiction.
  90. Section 90Members and staff of Authority, etc., to be public servants.
  91. Section 91Exemption from tax on wealth and income.
  92. Section 92Act to have overriding effect.
  93. Section 93Power of Central Government to give directions.
  94. Section 94Power to remove difficulties.
  95. Section 95Power to make regulations.
  96. Section 96Power of Central Government to make rules.
  97. Section 97Rules, regulations and schemes to be laid before Parliament.