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Union of India - Section

Section 13 in The Protection Of Plant Varieties And Farmers' Rights Regulations, 2006

13. Limitations and conditions for authorisation

.-(1) Subject to the provision of section 28, any authorisation conferred under sub-section (3) of section 28 by a registered breeder shall be made in Form 1-A.
(2)The Form mentioned under sub-rule (1) shall be executed on a non-judicial stamp paper and shall confirm to the requirement of the Indian Stamp Act, 1899 (2 of 1899)
(3)The Form shall be duly attested by the registered breeder or any person authorised on his behalf in the presence of two witnesses.
(4)The Form shall be duly registered in accordance with the rules.
(5)An authorisation under sub-section (2) of section 28 shall be valid subject to the following conditions, namely:-
(i)the right(s) conferred by the registered breeder shall be clearly identified and checked in the Form mentioned under sub-rule (1);
(ii)the term of the authorisation is clearly specified in the Form mentioned under sub-rule (1); and
(iii)the territories are clearly identified specified in the Form and do not violate rights granted to any licensee under the Act.
(6)An authorisation by a registered Breeder under sub-section (2) of section 28 of the Act shall be subject to the following conditions, namely:-
(i)all authorisations under sub-section (2) of section 28 shall be in Form 1-A.
(ii)no authorisation under sub-section (2) of section 28 shall be valid unless the following conditions are fulfilled, namely:-
(a)authorisation should be executed on a non-judicial stamp paper;
(b)authorisation Instrument should be duly signed by the registered Breeder or by his duly authorised agent;
(c)authorisation Instrument should be duly registered; and
(d)authorisation, instrument should also be signed by two independent witnesses.
(iii)All authorisations shall identify the specific right(s) conferred thereunder and shall clearly mention the duration and territorial extent of such authorisations.
FORM I(See regulation 10)Application For Registration Of New Variety, Extant Variety And Farmer's Variety Under Protection Of Plant Variety And Farmers' Rights Act, 2001(See section 18, other than essentially derived variety)(Instruction to applicant: Wherever a box item appears against queries, please tick the relevant box and provide legibly written/typed response in other queries.)
1.Identity of the Applicant(s): ❑INDIVIDUALBREEDER
  ❑SUCCESSOROF BREEDER
  ❑INSTITUTIONALAPPLICANT
  ❑FARMER
  ❑COMMUNITYOF FARMERS
  ❑GROUPOF FARMERS
  ❑ASSIGNEEOF ANY OF ABOVE
  ❑CONVENTIONCOUNTRY
  ❑ANYOTHER