Section 41 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
41. Benefit sharing claim under section 26. - (1) Upon the publication of the particulars of a certificate under sub-section (1) of section 26, a person or group of persons or firm or a non-governmental organisation can make a claim under sub-section (2) of that section for benefit sharing in Form PV-7 of the First Schedule within a period of six months from the date of such publication:
Provided that in special circumstances, the Authority may extend the time-limit beyond the period of six months.(2)The person or persons or firm or the non-governmental organisation, who has made an application for benefit sharing, shall provide the following information, namely:-(a)the contribution made by the person or the group of persons or firm or community or the non-governmental organisations to the genetic development of the plant variety;(b)the capacity in which the person or the group of persons or the non-governmental organisation is making the claim for benefit sharing;(c)in case of "essentially derived varieties", the terms and conditions in which authorisation has been given;(d)the commercial viability or the actual market performance of the variety so registered.(3)An applicant for benefit sharing shall pay the fee as specified for the purpose, in column (3) of the Second Schedule.
