Section 42 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
42. Opposition to a claim for benefit sharing under section 26. - (1) On receipt of a copy of the claim for benefit sharing, the registered breeder of the plant variety may accept the claim and accordingly intimate the same to the Authority within a period of three months from the date of such receipt.
(2)In the eventuality of the plant breeder failing or defaulting to tender the intimation under sub-rule (1) within the period of three months, referred to in sub-rule (1) it shall be presumed that he has no opposition to such claim and the claim shall be decided accordingly.(3)If, within a period of three months of receipt of notice of claim, the breeder of the plant variety files his opposition to the claim for benefit sharing, such an opposition shall be taken into consideration while disposing or deciding the claim for benefit sharing.(4)Every notice of opposition, under sub-rule (3) shall be in Form PV-8 of the First Schedule.(5)The Authority, upon receiving the reply from the registered breeder, shall furnish a copy of such reply to the claimant for benefit sharing.(6)The registered breeder or the claimant to benefit sharing shall furnish supporting document and other evidence, which shall be duly considered by the Authority while disposing of any claim for benefit sharing.
