Section 26(5) in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
(5)While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:—(a)the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed;(b)the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed.
