Section 43 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
43. Authorisation of farmers’ variety.—
Notwithstanding anything contained in sub-section (6) of section 23 and section 28, where an essentially derived variety is derived from a farmers’ variety, the authorisation under sub-section (2) of section 28 shall not be given by the breeder of such farmers' variety except with the consent of the farmers' or group of farmers or community of farmers who have made contribution in the preservation or development of such variety.
