The Protection of Plant Varieties and Farmers Rights Act, 2001
97 sections.
Open in Lexace · Ask the AI- Section 1 — Short title, extend and commencement.
- Section 2 — Definitions.
- Section 3 — Establishment of Authority.
- Section 4 — Meetings of Authority.
- Section 5 — Committees of Authority.
- Section 6 — Officers and other employees of Authority.
- Section 7 — Chairperson to be Chief Executive.
- Section 8 — General functions of Authority.
- Section 9 — Authentication of orders, etc., of Authority.
- Section 10 — Delegation.
- Section 11 — Power of Authority.
- Section 12 — Registry and offices thereof.
- Section 13 — National Register of Plant Varieties.
- Section 14 — Application for registration.
- Section 15 — Registrable varieties.
- Section 16 — Persons who may make application.
- Section 17 — Compulsory variety denomination.
- Section 18 — Form of application.
- Section 19 — Test to be conducted.
- Section 20 — Acceptance of application or amendment thereof.
- Section 21 — Advertisement of application.
- Section 22 — Registrar to consider grounds of opposition.
- Section 23 — Registration of essentially derived variety.
- Section 24 — Issue of certificate of registration.
- Section 25 — Publication of list of varieties.
- Section 26 — Determination of benefit sharing by Authority.
- Section 27 — Breeder to deposit seeds or propagating material.
- Section 28 — Registration to confer right.
- Section 29 — Exclusion of certain varieties.
- Section 30 — Researcher’s rights.
- Section 31 — Special provisions relating to application for registration from citizens of convention countries.
- Section 32 — Provisions as to reciprocity.
- Section 33 — Surrender of certificate of registration.
- Section 34 — Revocation of protection on certain grounds.
- Section 35 — Payment of annual fees and forfeiture of registration in default thereof.
- Section 36 — Power to cancel or change registration and to rectify the Register.
- Section 37 — Correction of Register.
- Section 38 — Alteration of denomination of a registered variety.
- Section 39 — Farmers’ rights.
- Section 40 — Certain information to be given in application for registration.
- Section 41 — Rights of communities.
- Section 42 — Protection of innocent infringement.
- Section 43 — Authorisation of farmers’ variety.
- Section 44 — Exemption from fees.
- Section 45 — Gene Fund.
- Section 46 — Framing of schemes, etc.
- Section 47 — Power of Authority to make order for compulsory licence in certain circumstances.
- Section 48 — When requirement of public deemed to have not been satisfied.
- Section 49 — Adjournment of application for grant of compulsory licence.
- Section 50 — Duration of compulsory licence.
- Section 51 — Authority to settle terms and conditions of licence.
- Section 52 — Revocation of compulsory licence.
- Section 53 — Modification of compulsory licence.
- Section 54 — Tribunal.
- Section 55 — Composition of Tribunal.
- Section 56 — Appeals to High Court.
- Section 57 — Orders of High Court.
- Section 58 — Procedure of Tribunal.
- Section 59 — Transitional provision.
- Section 60 — Grants by Central Government.
- Section 61 — Authority Fund.
- Section 62 — Budget, accounts and audit.
- Section 63 — Financial and administrative powers of Chairperson.
- Section 64 — Infringement.
- Section 65 — Suit for infringement, etc.
- Section 66 — Relief in suits for infringement.
- Section 67 — Opinion of scientific adviser.
- Section 68 — Prohibition to apply denomination of a registered variety.
- Section 69 — Meaning of falsely applying denomination of a registered variety.
- Section 70 — Penalty for applying false denomination, etc.
- Section 71 — Penalty for selling varieties to which false denomination is applied, etc.
- Section 72 — Penalty for falsely representing a variety as registered.
- Section 73 — Penalty for subsequent offence.
- Section 74 — No offence in certain cases.
- Section 75 — Exemption of certain persons employed in ordinary course of business.
- Section 76 — Procedure where invalidity of registration is pleaded by the accused.
- Section 77 — Offences by companies.
- Section 78 — Protection of security of India.
- Section 79 — Implied warranty on sale of registered variety, etc.
- Section 80 — Death of party to a proceeding.
- Section 81 — Right of registered agent and the registered licensee to institute suit.
- Section 82 — Evidence of entry in Register, etc., and things done by the Authority and the Registrar.
- Section 83 — Authority, Registrar and other officers not compellable to production of Register, etc.
- Section 84 — Document open to public inspection.
- Section 85 — Report of Authority to be placed before Parliament.
- Section 86 — Government to be bound.
- Section 87 — Proceedings before Authority or Registrar.
- Section 88 — Protection of action taken in good faith.
- Section 89 — Bar of jurisdiction.
- Section 90 — Members and staff of Authority, etc., to be public servants.
- Section 91 — Exemption from tax on wealth and income.
- Section 92 — Act to have overriding effect.
- Section 93 — Power of Central Government to give directions.
- Section 94 — Power to remove difficulties.
- Section 95 — Power to make regulations.
- Section 96 — Power of Central Government to make rules.
- Section 97 — Rules, regulations and schemes to be laid before Parliament.
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