Section 6 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
6. Procedure regarding application, representation and issue of notices. - (1) Every application or representation shall be made in writing, signed by the applicant or the person who has made the representation, and delivered to the Registrar or the Authority at its office.
(2)The names and addresses of the applicants and other persons shall be given in full, together with their nationality and such other particulars, as are necessary for their identification and for sending communications to them.(3)(a)All applications, representations and documents filed or required to be filed under the Act or the rules shall be filed in triplicate:Provided that in cases where the Registrar or the Authority requires more than three copies of such applications, representations, or documents, the applicant or the person, who has filed the application or the representation, shall be required to supply as many copies as is specified by the Authority or the Registrar.(b)In case of failure to furnish the required number of copies within a period of three months, the Registrar or the Authority may reject the application or the representation or may treat the application or representation as withdrawn.(4)Any application, representation or document required to be sent to or filed with the office of the Authority or the Registrar may be delivered either by hand or by registered letter with acknowledgment due or electronic mail, addressed to the Authority or to the Registrar at their office.(5)If any application or a representation or document is delivered to the Authority or the Registrar by hand, an acknowledgment receipt shall be issued by the Authority or the Registrar's office with its seal.(6)In case of delivery by registered post with acknowledgment due or by electronic mail, it shall be presumed to have been filed, or given at the time when the same has been received by the office concerned.(7)Any written communication addressed to an applicant or the holder of any right under the Act, at his address in the Register of Plant Varieties maintained under the Act or at the address for service furnished under rule 5 in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition or reply or counter reply or any such representation, shall be presumed to be properly addressed:Provided that in cases where the receipt of such a representation or application has been delayed beyond the normal period of delivery or transmission, such a delay may be condoned.(8)All notices and written communications addressed to an applicant or to any holder of right, in any proceeding under the Act or these rules, and all documents forwarded to the applicant or the holder of any right or an opponent shall, except when they are sent by special messenger, be sent by registered post acknowledgment due or by electronic mail.(9)(a)The acknowledgment receipt issued by the office concerned or the postal certificate receipt shall be the sufficient proof as to the delivery or sending of any document under the Act or these rules.(b)In case of transmission by electronic mail, the electronic receipt with the recognised digital signature, by the applicant or the person, who has made the representation, shall be the proof of the receipt.
