value
of the plant variety;
(i) "essentially derived variety", in respect of a variety (the initial variety), shall be
said to be essentially ... variety, extant variety,
transgenic variety, farmers‟ variety and essentially derived variety."
Sections 14-16 are found in the chapter "Registration of plant varieties
section 6, etc.
Paragraph 24 Offences Under The Protection Of Plant Varieties And Farmers Rights Act, 2001 (53 of 2001)
Section
Description of offence ... Penalty for selling varieties to which false denomination is applied.
72 read with section 68
Penalty for falsely representing a variety as registered.
73 read
Section 15 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
15. Registerable varieties.—
(1) A new variety shall be registered under this
Section 24 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
24. Issue of certificate of registration.—
(1) When an application for registration
Section 13 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
13. National Register of Plant Varieties.—
(1) For the purposes of this ... Register called the National Register of Plant Varieties shall be kept at the head office of the Registry, wherein shall be entered the names
such variety, extant variety, transgenic variety, farmers'
variety and essentially derived variety.
and includes propagating material of such variety , extant
variety, transgenic variety, farmers ... variety and essentially
derived variety."
22. Concededly, both the varieties (KMH-50 and 30V92) are Extant
Varieties within the meaning of Clause
matter under the Patents Act, Trade Marks Act,
Copyright Act and Plant Varieties Protection Act. As per Section 84(2) of
the Trade Marks ... Technical
Member (Copyright) and for cases relating to the Plant Varieties Protection,
the Bench shall comprise of a Judicial Member and a Technical Member
(Plant
Section 28 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
28. Registration to confer right.—
(1) Subject to the other provisions
Section 3 in The Protection Of Plant Varieties And Farmers’ Rights Act, 2001
3. Establishment of Authority.—
(1) The Central Government shall, by notification ... Gazette, establish an Authority to be known as the Protection of Plant Varieties and Farmers’ Rights Authority for the purposes of this
varieties, or adds value to such wild species or traditional varieties through selection and identification of their useful properties; (l) “farmers’ variety” means a variety ... suitable for, regeneration into a plant; (s) “Register” means the National Register of Plant Varieties referred to in section 13; (t) “Registrar” means a Registrar
