Section 43 in Protection of Plant Varieties and Farmers' Rights Rules, 2003
43. Determination of benefit sharing under section 26. - The Authority shall, by order, determine the amount of benefit sharing to a variety according to clauses (a) and (b) of sub-section (5) of section 26 and taking into account the following criteria, namely:-
(a)the contribution of the claimant in selecting, conserving and providing the genetic material,(b)the contribution of such genetic material in providing one or more traits which conferred high commercial value to the variety, and(c)the contribution of such genetic material to impart high combining ability to the parents of the hybrid variety relating to benefit sharing.
