PRELIMINARY
1. Short title and commencement.-(l) These rules may be called the Protection of Plant Varieties and Farmers' Rights Rules, 2003.
(2) They shall come into force on the date on which the Act shall come into force.
2. Definitions.-In these rules, unless the context otherwise requires,- - (a)
- "Act" means the Protection of Plant Varieties and Farmers' Rights Act, 2001 (53 of 2001);
- (b)
- "Authority" means the Protection of Plant Varieties and Farmers' Rights Authority established under sub-section (1) of section 3;
- (c)
- "Chairperson" means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3;
- (d)
- "fee" means the fee specified in the Second Schedule; (e) "Form" means a Form specified in the First Schedule;
- (f)
- "Gazette" means the Official Gazette of the Government of India; (g) "journal" means the monthly journal of the Authority;
- (h)
- "non-official member" means a member of the Authority other than a member, ex officio;
- (i)
- "notice" means a notice issued by the Tribunal or the Registrar or the Authority under the Act;
- (j)
- "Registrar" means a Registrar of Plant Varieties appointed under sub-section (4) of section 12 and includes the Registrar General of Plant Varieties appointed under sub-section (3) of that section;
- (k)
- "Schedule" means a Schedule annexed to these rules;
- (1)
- "section" means a section of the Act;
- (m)
- "representation" means any written communication addressed to the Authority or the Registrar in any proceeding under the Act;
- (n)
- all other words and expressions used, but not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act.
1. Vide G.5.R. 738(E), published in the Gazette of India, Extra., Pt. ll, See. 3(i), dated 12th September, 2003.
G)
3. Details of particulars to be furnished while making an application or representation:-(1 Save in case of forms specified by the Authority under the Act, every person m king an application or representation under the Act or these rules, shall furnish t e particulars in the Forms specified in the First Schedule. - (2)
- If any applic"tion or representation has been filed without furnishing all the particulars as specified in the relevant Forms specified in the First Schedule, the Authority or the ~egistrar, as the case may be, shall give one month's notice to the applicant or thEj person, who has filed the application or the representation to file such particulars.
- (3)
- In the event the applicant or the person, who has filed the application or the representation, defaults or fails to rectify the application or the representation, as the case may be, in terms of the notice under sub-rule
- (2)
- within one month as allowed, the said application or the representation shall be liable to be rejected without any further notice.
- (4)
- Where no Form in specified for any purpose, the applicant may adopt as nearly as may be a Form specified in the First Schedule with such modifications and variations as may be considered necessary.
4. Office of the Authority.-(1) The office of the Authority shall, for all proceedings under the Act, be the head office of the Authority at New Delhi or the branch office, as the case may be, within whose territorial limits- - (a)
- the applicant for registration of the plant variety or the farmers' right has his principal place of business or domicile; or
- (b)
- the applicant for registration of the plant variety or the farmers' right, whose name is first mentioned in the application, resides or has his principal place of business or domicile, if the application is made jointly in the names of two or more persons; or
- (c)
- the agent or licensee of the registered breeder has his principal place of business or domicile.
(2) Notwithstanding anything contained in sub-rule (1), until the branch offices are established, the appropriate office for all proceedings under the Act shall be the head office of the Authority at New Delhi.
5. Address for service of notices, etc.-(1) Every person including the applicant, concerned in any proceeding to which the Act or these rules apply, shall furnish to the Authority or the Registrar the complete address for service in India and that address shall be treated for all purposes connected with such proceedings or the rights granted, as the address of the person or persons in the proceedings.
(2) Unless such an address is given, the Authority or the Registrar shall be under no obligation either toproceed or deal with any proceeding or to send any notice that may be required to be given under the Act of these rules.
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 applic;ations, 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 acknowledgement 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 acknowledgement receipt shall be issued by the Authority or the Registrar's office with its seal.
- (6)
- In case of delivery by registered post with acknowledgement 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 condemned.
- (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 ackn.owledgement due or by electronic mail.
- (9)
- (a) The acknowledgement 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.
- Application not to be admitted in certain cases.-No application or representation shall be made to the authority or registrar covering the subjectmatter already included in an earlier application made by the same person, and such subsequent application shall not be admitted by the registrar or the authority, as the case may be.
- Fees.-(l) The amount of fees payable in respect of the registration of plant varieties and grant of any right under the Act or any application or notice of opposition or reply or counter reply required to be filed under the Act and other matters shall be as per the rates specified in the Second Schedule.
- (2)
- (a) The fees payable may either be paid in cash or may be sent by money order or postal order or bank draft or cheque payable to the Authority or the Registrar, as the case may be, at their respective offices, drawn on a scheduled bank at the place where the office is situated.
Explanation.-For the purposes of these rules, "scheduled bank" means a bank included in the Second Schedule to the Reserve Bank of India Act, 1934 (2 of 1934).
- (b)
- Any cheque or draft (not including the fees in cash) on which the value specified therein cannot be collected in cash within the time allowed for the payment of the fees, shall be accepted at the discretion of the Registrar.
(c) The stamps shall not be received in the payment of any fees payable under these rules.
- (d)
- Where a fee is payable in respect of the filing of a document or application or representation, the date on which the entire fee is paid shall be the date of filing of the document or the representation.
- (3)
- Where any test is required to be cqnducted under any of these rules, the applicant or the concerned person shall be required to pay the requisite fee specified in the Second Schedule.
- (4)
- Any application or representation or document shall be liable to be rejected on account of non-payment of fees and no test shall be conducted unless and until the parties interested deposit the required amount of fees as specified in the Second Schedule.
- Size, etc., of documents.-All documents and copies of documents, except affidavits and drawings, sent to or left at the office of the Authority or otherwise furnished to the Registrar shall be written, typewritten, lithographed, or printed (either in the Hindi or in the English language unless otherwise directed or allowed by the Authority or the Registrar-General) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size of approximately 33.00 centimetres by 20.50 centimetres (13 inches by 8 inches) or 29.7 centimetres by 21 centimetres (11 3/4 inches by 8 1/4 inches) with a margin of at least four centimetres (one and a half inches) on the left-hand part thereof.
- Affidavits.- The affidavits required to be filed under these rules shall be dated and signed at the foot and shall contain a statement that the facts and matters stated therein are true to the best of the knowledge, information and belief of the person making the affidavit.
CHAPTER II
PLANT VARIETIES AND FARMERS' RIGHTS PROTECTION AUTHORITY
11. Manner of Selection and Appointment of the Chairperson.-1[(1) The Chairperson shall be appointed by the Central Government on the basis of a
1. Subs. by G.5.R. 843 (E), dated 30th December, 2004 (w.e.f. 30-12-2004).
of names recommended by a Search Committee consisting of the following, namely:- - (i)
- An eminent scientist or an expert, having special -Chairman; knowledge and Professional experience in respect of the law relating to protection of plant varieties and plant varietal research or plant breeding, to be nominated by the Central Government in the Ministry of Agriculture
- (ii)
- Secretary to the Government of India, Department of -Member; Agriculture and Cooperation
(iii) Secretary to the Government of India, Department of -Member; Agriculture Research and Education
(iv) Secretary to the Government of India, Department of -Member.] Biotechnology - (2)
- The Department of Agriculture and Cooperation of the Central Government shall act as the nodal department for the selection and appointment of the Chairperson.
- (3)
- The Chairperson shall be of the rank of the Secretary to the Government of India and the appointment as Chairperson shall either be on deputation or on contract basis.
- (4)
- If the Selection Committee constituted under sub-rule (1), recommends any person who is not a government servant but fulfils qualifications given in clause (a) of sub-section (5) of section 3, such appointment may be made on contract basis. 12. Term of Office of the Chairperson.- The Chairperson shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier, and shall be eligible for re-appointment:
. Provided that no Chairperson shall hold office for a total period exceeding ten years, or after he has attained the age of sixty-five years, whichever is earlier.
13. Salary, allowances, conditions of service, leave, pension, provident fund, etc., of the Chairperson.- The Chairperson shall be entitled to such salary, allowances, leave, pension, provident fund and other perquisites as are admissible to a Secretary to the Government of India.
14. Resignation or removal of the Chairperson from office in certain cases.
(1) The Chairperson may resign from his office by giving notice in writing to the Central Government. - (2)
- The Central Government shall remove the Chairperson from office if he,(a) is or at any time has been, adjudicated as an insolvent;
- (b)
- has been convicted of an offence which, in the opinion of the Central Government, involves moral turpitude;
- (c)
- has become physically or mentally incapable of acting as the Chairperson;
- (d)
- has failed in discharging the duties and responsibilities under the Act and the rules made thereunder;
- (e)
- has acquired such financial or other interest as is likely to affect prejudicially his function as the. Chairperson;
- (f)
- has, in the opinion of the Central Government, so abused his position as to render his continuation in office detrimental to the public interest;
- (g)
- any other substantiated ground which is unbecoming of a public servant under the Government of India:
Provided that the Chairperson shall not be removed under this sub-rule unless he has been given a reasonable opportunity of being heard in the matter.
15. Term and allowances of non-official members.-(1) Every non-official member of the Authority shall hold office for a period of three years from the date of his appointment. - (2)
- The Central Government shall appoint new non-official member of the Authority within six months of the expiration of the term of the non-official member.
- (3)
- A non-official member shall be entitled to sitting allowance and travelling expenses, at such rate as may be fixed by the Central Government from time to time in this regard.
16. Proceedings of the Authority.-(1) The Authority shall meet at least twice in a year at the head quarters of the Authority or at such place as may be decided by the Chairperson. - (2)
- The Chairperson shall, upon a written request of not less than five members of the Authority or upon a direction of the Central Government, call a special meeting of the Authority.
- (3)
- At least fifteen days' notice of an ordinary meeting and three days' notice of a special meeting specifying the purpose, the time and the place at which such meeting is to be held, shall be given to the members.
- (4)
- Every meeting shall be presided over by the Chairperson and in his absence, by a Presiding Officer to be chosen by the members present from amongst themselves.
- (5)
- The decision of the Authority shall be taken by a majority of the votes of the members present and voting and in the event of equality of votes, the Chairperson or in his absence, the member presiding over the meeting shall have a second or casting vote.
- (6)
- Every member shall have one vote.
- (7)
- The quorum for the meeting of the Authority shall be five.
- (8)
- No member shall be entitled to bring forward for the consideration of a meeting any matter of which he has not given ten days' notice to the MemberSecretary unless the Chairperson, in his discretion, permits him to do so.
- (9)
- The notice of the meeting may be given to the members by delivering the same by messenger or sending it by registered post to his last known place of residence or business or in such other manner as the Chairperson or the MemberSecretary may, in the circumstances of the case, think fit.
17. Chairman and proceedings of the· Standing Committee.-(1) The Chairperson shall select a member of the Standing Committee appointed by him under sub-section (7) of section 3 from amongst the members of that Committee to preside over its meeting. - (2)
- In the absence of the member selected under sub-rule (1), the meeting of the Standing Committee shall be presided over by the member who shall be elected by the members present at meeting from amongst themselves.
- (3)
- The decision in the meeting of the Standing Committee shall be taken by a majority of the members present and voting and in the event of equality of votes, the member selected under sub-rule (1) or in his absence, the member presiding over the meeting shall have a second or casting vote.
- (4)
- Every member shall have one vote.
- (5)
- The quorum for the meeting of the Standing Committee shall be three. (6) The convener of the Standing Committee may, in consultation with the
Authority, determine the venue of its meetings any where in India; and serve notice of such meeting to all members at least fifteen days in advance.
18. Appointment of Expert Committee by the Authority.-(l) The Authority may appoint such experts or consultants as it considers necessary to seek guidance and assistance in technical areas demanding specialised advisory inputs; to enable the Authority for efficient discharge of its duties and functions. - (2)
- The Authority may appoint such other committees as may be necessary for the efficient discharge of itsduties and functions.
- (3)
- The Authority may, in consultation with the Central Government, fix the quantum of remuneration, payable to the experts and consultants..
19. Salary, allowances and conditions of service of the RegistrarGeneral.-(l) The Registrar-General shall be an official equivalent to the rank of the Additional Secretary to the Government of India and he shall be appointed by the Authority on deputation or transfer or on contract basis. - (2)
- The Registrar-General shall be governed by the Central Government rules in respect of his salary and other allowances including pension, leave, travelling and daily allowances as are admissible to an Additional Secretary to the Government of India.
- (3)
- The Registrar-General shall be a person having proven managerial, or legal or Intellectual Property Rights or agricultural development experience.
- (4)
- The term of office of the Registrar-General shall be for a period of five years or until he attains the age of sixty years, whichever is earlier:
Provided that no candidate who may not have at lea8t two years tenure in the office shall be appointed as Registrar-General.
- (5)
- A person on completion of one term as Registrar-General shall be eligible for a second term of three years or until he attains the age of sixty years, whichever is earlier.
20. The method of appointment of officers and other employees of the Authority.-(l) The Authority may make recruitment and appointment to the posts of officers specified in the Fourth Schedule. - (2)
- The Authority shall after advertising the posts in the Employment News and at least one national daily recruit officers and other employees of the Authority by the method of direct recruitment or contract basis byselection after conducting interview.
- (3)
- Notwithstanding anything contained in sub-rule (1) and subject to the approval of the Central Government the Authority may also appoint such other officers and employees as may be required by it on transfer or deputation basis or on contract basis.
- (4)
- The salary, allowances and other conditions of service of the officers and employees of the Authority shall be the same as applicable to Central Government servants of equivalent rank.
- (5)
- If any question on the service conditions of any officer or employee of the Authority arises, it shall be decided by the Central Government.
21. Powers and duties of the Chairperson.-(l) In addition to the duties specified in the Act, the Chairperson shall have powers of general superintendence and directions in the conduct and management of the affairs of the Authority, to enable the Authority in effectively discharging its duties and overseeing the compliance of the provisions of the Act, and the rules and regulations made thereunder. - (2)
- The Chairperson shall also discharge such other duties and functions as the Authority may by general or special order in writing delegate to him or the Central Government may authorise him to discharge from time to. time.
- (3)
- The Chairperson shall convene, preside over and conduct the meetings of the Authority and beresponsible for carrying out all decisions taken by the Authority.
- (4)
- The Chairperson shall guide and facilitate the development of new plant varieties by protecting the rights of the breeders, researchers, farmers, and community of farmers as provided under the Act.
- (5)
- The Chairperson shall facilitate and act on his satisfaction for compulsory licensing of registered plant varieties and advice the Central and the State Governments on the restriction of public use of any such registered plant varieties which may invite action under sub-rule (4).
22. General functions of the Authority.-(l) The Authority shall advice the Central Government in relation to the provisions contained in the sub-section (2) of section 29 for specifying and notifying the general and species for the purposes of registration of new plant varieties other than extant varieties and farmers'varieties. - (2)
- The Authority shall register extant varieties under clause (a) of subsection (2) of section 8 within such period as may be determined by it with suitable test criteria to conform distinctiveness, uniformity and stability(hereinafter referred to as DUS) of such varieties.
- (3)
- The Authority shall develop DUS test and other test criteria and conduct such tests for characterisation of each variety of crop species notified by the Central Government.
- (4)
- The Authority shall compile and maintain a database on all varieties of common knowledge includingall registered extant and farmers' varieties and such varieties being cultivated outside India for each crop species prior to grant for registration for new varieties belonging to such species.
- (5)
- The Authority shall be entitled to call for and procure the details of any crop variety under use in thecountry for the purpose of bringing the same into its database.
- (6)
- Any public or private institution, community or individual involved in the production and use of seed of such varieties shall be required to provide full information on its characteristics or and a true sample of seedof such variety.
(7) The Authority shall keep a record of the production and sale of seed of all registered varieties.
- (8)
- It shall be necessary for all breeders of registered. varieties to supply certified figures on annual seed production and sales to the Authority within a period not exceeding three months from the completion of such reporting period.
- (9)
- The Authority, if required shall also be entitled to call for such figures specifically relating to any region of the country.
23. Matters to be included in the National Register of Plant Varieties.-The National Register of Plant Varieties shall contain the following particulars of each registered variety, namely: - (1)
- Registration Number;
- (2)
- Nationality of Breeder(s); (3) Denomination as granted;
- (4)
- Date of Grant of Registration;
- (5)
- Date on which application was received;
- (6)
- Provisional number given to the application; (7) Date of Gazette notification;
- (8)
- Grouping of the plant variety (new, extant or farmers);
- (9)
- Classification of the variety (typical variety, hybrid variety or essentially derived variety);
- (10)
- Denomination of variety, Common Crop name to which the variety belongs, Taxonomical Lineage of the Crop in Botanical names;
- (11)
- Key Passport data of the variety;
- (12)
- Essential characters making the variety distinct; (13) Starting date of protection;
- (14)
- Expiry date of protection;
- (15)
- Date of revocation with other details (grounds, etc.); (16) Name and address of the applicant(s);
- (17)
- Address for service of document(s);
- (18)
- Name and address of the breeder(s) (in case breeder is not the applicant);
- (19)
- Name and address of the legal representative (if applicable);
- (20)
- Name, address and other details of the licensee and terms of license (if applicable);
- (21)
- Name, address and other details of the agent with jurisdictional rights, if any (if appointed);
- (22)
- Type of crop;
- (23)
- Name of the family, genus, species, variety and common name; (24) Name and address of the
breeder of initial variety (in case of essentially derived variety);
- (25)
- Details of the acquisition of propagating material! seeds (if applicable);
- (26)
- Details of parental material used in the development (if applicable); (27) Name and address of
the contributor(s) of generic material (if applicable);
- (28)
- Any other feature specified by the Authority or Registrar-General; (29) Country of origin of the plant variety;
- (30)
- Brief description of the variety along with characteristic details of the nearest variety including results of DDS testing, supplemented with the drawings or photographs or both;
- (31)
- In case of compulsory licensing, name and address of licensee with other details (terms and conditions, revocation, etc.), if applicable.
- (32)
- Declaration and details of the renunciation to the variety (if applicable).
- (33)
- Details of benefit sharing;
- (34)
- Details of opposition, revocation, restoration, maintenance (whatever applicable);
- (35)
- In the case of varieties protected outside India prior to registration in the country, following additional information shall be entered in the National Register of plant varieties namely:-
- (a)
- Name of the country(ies) where protection is made along with the denomination of the variety in each of them,
- (b)
- Date of first protection with country,
- (c)
- Variation in important trait with respect to first filing,
- (d)
- Country wherein the Variety was first commerciallsed with date, (e) Any other feature
specified by the Authority or Registrar- General.
(36) In case of a convention application, the following information shall also be furnished, namely:- - (a)
- Name of the convention country;
- (b)
- Passport data of the convention application; (c) Date of application;
- (d)
- Date of grant of registration; (e) Registration number;
- (f)
- Denomination as accepted; (g) Date of Gazette notification; (h) Starting date of protection; (i) Expiry date of protection;
H) Whether the variety has been sold or otherwise disposed of within and outside the country, if so, details thereof.
(37) Any changes made in any entry.
CHAPTER III
REGISTRATION OF PLANT VARIETY - Registration of extant plant varieties under sub-section (2) of section 15.-(1) The Registrar shall register every extant variety within three years from the date of its notification under the Act, with respect to the genera and species eligible for registration subject to conformity to the criteria of distinctiveness, uniformity, and stability as laid down under the regulations:
- Provided that the Registrar may, for reasons to be recorded in writing, register an extant variety after the expiry of the said period of three years.
- Application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16.-An application to authorise a person to register a variety under clause (e) of sub-section (1) of section 16 shall be made in Form PV-1, given in the First Schedule, by a person specified in sub-section (1) of that section.
- The fee payable under clause (g) of sub-section (1) of section 18 for making application forregistration of plant variety.-The fee for making application for registration of a plant variety under section 14 shall be such as specified in column (3) of the Second Schedule for the purpose.
- Proof of the right of making application under sub-section (3) of section 18.-(1) Where an application for registration is made by the successor or assignee of the breeder under sub-section (3) of section 18, he shall furnish documentary proof, at the time of making such application or within six months of making such an application, as to the right to make such an application for registration.
(2) The documentary proof, in case of an assignment, shall be furnished in the manner specified in Form PV-2, given in the First Schedule and in case of succession, or a succession certificate or any other document in support of succession proving the applicant to be the successor shall be furnished. - Fee for conducting tests under section 19.- The applicant shall deposit the requisite fee for the purpose as specified in column (3) of the Second Schedule, with the Registrar for conducting the required tests under section 19.
- Manner and method for conducting tests under section 19.-(1) (a) The Authority shall charge separate fees for conducting DUS test and special test on each variety.
- (b)
- The special tests shall be conducted only when DUS testing fails to establish the requirement of distinctiveness.
- (c)
- The DUS testing shall be field and multi-location based for at least two crop seasons and special tests be laboratory based.
- (d)
- The fee for DUS and special tests shall be such as provided in column (3) of the Second Schedule for the purpose.
- (2)
- If the Registrar, after initial scrutiny of the application for registration, is satisfied that the application is in order, he shall notify the applicant to deposit the requisite fee, as specified in column (3) of the Second Schedule, within a period of two months for conducting the DUS test.
- (3)
- On receipt of the fee, demanded under sub-rule (1), the Registrar shall consider the application for further processing.
(4) The DUS test shall be necessary for all new varieties except essentially derived variety.
- (5)
- The manner of testing essentially derived varieties shall be decided by the Authority on a case-to-case basis.
(6) The DUS test shall be conducted on a minimum of two locations.
- (7)
- The Authority may recognise and empanel institutions having adequate facilities for conducting DUS or special tests in the country for conducting such tests.
- (8)
- The Authority shall notify the adopted methods of conducting the DUS and special tests.
- (9)
- The Authority shall develop and publish in its journal guidelines for the DUS test for each crop.
- (10)
- The samples of seeds or propagules in respect of which an application for registration has been made and parental lines under registration submitted for the DUS and special tests and deposited at the NationalGene Bank shall present the maintainable standards of generic purity, and uniformity and germination, sanitary and phytosanitary standards.
30. Advertising of application for registration under section 21.-(1) Every application for registration of a variety which has been accepted and the details thereof including specifications shall, upon such acceptance under sub-section (1) of section 20, be advertised by the Registrar in the manner specified in Form 01 of the Third Schedule.
(2) In every such advertisement under sub-rule (1), the Registrar shall mention that place or places where a specimen of the variety may be inspected. - (3)
- The contents of such advertisement shall include-
- (a)
- name, passport data and source of parental line or initial variety used to develop the variety in respect of which an application for registration has been made;
- (b)
- description of the variety bringing out its character profile as specified under the DUS test Schedule;
- (c)
- essential characteristics conferring distinctiveness to the variety; (d) important agronomic and commercial attributes of the variety;
- (e)
- photographs or drawings, if any, of the variety submitted by the applicant; and
- (f)
- claim, if any, on the variety.
31. Notice of opposition under sub-section (2) of section 21.-(1) Any interested person, may within three months from the date of advertisement of an application for registration, may give a notice of opposition to the registration of a plant variety in Form PV -3 of the First Schedule. - (2)
- The fee payable for filing an opposition referred to in sub-rule (1) shall be as specified in column (3) of the Second Schedule:
Provided that no such fee shall be payable in respect of an opposition made by a farmer or group of farmers, or village community.
- (3)
- A copy each of the notice of opposition received against a specific application shall be referred to the applicant by the Registrar within three months from the last date of filing of opposition.
- (4)
- An applicant shall be entitled to submit point-wise counter statement to the opposition not later than two months from the date of service of the copy of the notice of opposition, failing which the Registrar shall decide the merits of the opposition and notify his decision by giving reasons therefor.
(5) Every counter-statement under sub-rule (4) shall be in Form PV-4 of the First Schedule.
- (6)
- The copies of counter to opposition submitted by the applicant within the time specified in sub-rule (4), shall be conveyed to the person opposing the application, within a period of thirty days of its receipt, requiring the opposing person to submit the final opposition within a period of thirty days from the date of service of the counter from the applicant.
- (7)
- The Registrar, may at his discretion, allow any correction of error or amendments in the notice of opposition or counter statement if such alteration is requested by the persons concerned in writing.
- (8)
- (a) The security referred to in sub-section (8) of section 21 shall be payable as an amount decided by the Authority.
- (b)
- In case the opposition is found to be frivolous, the Registrar may direct payment of cost as determinedby him to the applicant from out of the security amount received and the balance of the security amount shall be deposited in the Authority.
(c) In case the opposition succeeds, the security amount shall be refunded to the opposition party. - Compliance with time schedule.-(1) The time schedule provided for advertisement, opposition, defence, hearing and amendment of specification under these rules shall not be extended and failure in compliance with these time schedules shall forfeit the opportunity granted.
- Manner of submitting evidence and time limit for filing notice of opposition, counter-statement or producing evidences under section 21.(1) Any evidence, upon which the opponent may rely, shall be submitted in duplicate to the Registrar with a copy to the applicant within one month from the receipt of counter-statement of the applicant.
- (2)
- Any evidence upon which the applicant may rely shall be submitted in duplicate to the Registrar with a copy to the opponent within thirty days from the date of receipt of opponent's evidence.
(3) No further evidence shall be submitted by either party except by leave or directions of the Registrar.
- (4)
- The copies of all the documents, except plant variety application, referred to in the notice of opposition or in any counter-statement filed in connection with the opposition shall be in triplicate unless the Registrar directs otherwise.
- (5)
- Where a document, is in a language other than English, and is referred to or relied upon in the notice, statement or evidence, an attested translation in English thereof shall be furnished in triplicate.
I)
(6) The time-limit for filing the evidence shall not ordinarily be extended except by a special order of the Registrar given on an application filed by the person seeking extension of time and on payment of the fee specified in the Second Schedule and such an application for extension shall be in Form PV -5 of the First Schedule.
34. Application for the registration of essentially derived variety under section 23.-(1) The application for registration of an essentially derived variety shall be accompanied by the following documents, namely: - (a)
- an affidavit sworn by the applicant stating that such a variety does not contain any gene or gene sequence involving terminator technology;
- (b)
- a statement giving details of the brief description of the characteristics of the variety to substantiate novelty, distinctiveness, uniformity and stability; and
- (c)
- the details of parental material used.
(2) The application under sub-rule (1) shall be accompanied by the fee as specified for the purpose in column (3) of the Second Schedule. - Manner and method for conducting test under section 23.- The tests referred to in sub-section (3) of section 23 shall be conducted by the Authority in consultation with the Central Government.
- Certificate of registration under section 23.-The Registrar shall issue to the applicant a certificate of registration of an essentially derived variety in the manner specified in Form 0-2 of the Third Schedule and send a copy of the registration to the Authority and to such other body(ies) as may be notified by the Central Government for information.
CHAPTER IV
REGISTRATION AND BENEFIT SHARING
37. Certificate of registration under section 24.-(1) The certificate of registration of a plant variety, other than an essentially derived variety, under sub-section (2) of section 24 shall be in Form 0-2 of the Third Schedule. - (2)
- The Registrar shall issue the certificate of registration under sub-section (2) of section 24 within three years of the date of filing of application subject to the fulfilment of all other requirements.
- (3)
- A copy of the certificate of registration issued under sub-section (2) of section 24 shall be sent to the Authority; and to such other body or agency, which the Central Government may, by notification in the Official Gazette specify.
38. Notice to the applicant under section 24.-(1) If, within a period of twelve months, the application for registration of a plant variety other than an essentially derived variety is not completed in the circumstances given in subsection (3) of section 24, the Registrar shall issue thirty days notice to the applicant at the address of his principal place of business in India, or if, he has no principal place of business in India, at the address for service in India stated in the application, but if the applicant has authorised an agent for the purpose of the application, the notice shall be sent to the agent and a duplicate thereof to the applicant for filing of the application or such further time as the Registrar may allow for completion of registration.
(2) The notice under sub-rule (1) shall be in Form 0-3 of the Third Schedule.
39. Renewal and revision of registration under section 24.-(1) (a) On receipt of an application from the applicant, the Authority may review and renew the initial duration of registration as mentioned in sub-section - (6)
- of section 24.
- (b)
- Every application for review and renewal under sub-rule (1) shall be made in Form PV-6 of the First Schedule and filed during twelve to eighteen months prior to the expiry of the initial period of registration.
- (c)
- Every application under sub-rule (1) shall be accompanied with the fee payable for the remaining years under the initial period of registration, at the rate fixed for the year preceding the year of application, alongwith arrears, if any.
- (2)
- (a) The renewal of registration may be applied for either for the remaining period of total aggregate duration of validity of the registration or for any period within such remaining period.
- (b)
- In case, the applicant prefers for a period less than the total aggregate duration, no application shall be entertained for the further renewal of registration.
- (3)
- (a) The fee payable for such extended period of registration beyond nine years in the case of trees and vines and six years in the case of other crop varieties, as the case may be, shall be based on average annual fee levied during the last two years of the said initial period of registration.
- (b)
- The annual fee shall be uniform for the extended period of the registration and be payable in advance in single instalment.
- (4)
- The Authority shall within such intervals as it thinks appropriate publish a list of varieties registered aswell as renewed under the Act with the particulars of the period of registration, name and address of right holders periodically in its journal and in the Official Gazette.
40. Publication of contents of the certificate inviting claims for benefit sharing under section 26.Upon the issuance of the registration certificate under sub-section (8) of section 23, or sub-section (2) of section 24, the Authority shall, for the purpose of inviting claims for benefit sharing under the Act, shall advertise the following details of the registration certificate, namely: - (a)
- the registration number along with the date of grant,
- (b)
- the name and address of the applicant or breeder in whose name the certificate has been issued or registered,
- (c)
- denomination of the variety,
- (d)
- name of the family, genus, species, variety and common name, (e) parentage and geographical location of the variety,
- (f)
- the details of the distinguishing features or the characteristics,
- (g)
- in case of 'essentially derived variety', the details of the 'initial variety' from which the 'essentially derived variety' is claimed to have been derived,
- (h)
- the name and address of the contributor, nature and amount of the contribution or the community knowledge used in the development of the plant variety,
- (i)
- the terms and conditions of the agreement, if any, entered into between the breeder and the contributor,
- (j)
- If the variety is sold or otherwise disposed of, details thereof.
41. Benefit sharing claim under section 26.-(1) Upon the publication of the particulars of a certificate under sub-section (1) of section 26, a person or group of persons or firm or a non-governmental organisation can make a claim under sub-section (2) of that section for benefit sharing in Form PV-7 of the First Schedulewithin a period of six months from the date of such publication:
Provided that in special circumstances, the Authority may extend the time limit beyond the period of six months. - (2)
- The person or persons or firm or the non-governmental organisation, who has made an application for benefit sharing, shall provide the following information, namely:-
- (a)
- the contribution made by the person or the group of persons or firm or community or the nongovernmental organisations to the genetic development of the plant variety;
- (b)
- the capacity in which the person or the group of persons or the nongovernmental organisation is making the claim for benefit sharing;
- (c)
- in case of "essentially derived varieties", the terms and conditions in which authorisation has been given;
- (d)
- the commercial viability or the actual market performance of the variety so registered.
- (3)
- An applicant for benefit sharing shall pay the fee as specified for the purpose, in column (3) of the Second Schedule.
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.
43. Determination of benefit s4aring 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.
- Reference for recovering benefit sharing under section 26.-In case of default or failure on the part of the breeder of the variety to deposit the amount of benefit sharing in the Gene Fund, as per the order of the Authority of section 26, required under sub-section (6) within a period of three months from the date of such order, the Registrar shall make a reference to the District Magistrate under sub-section (7) of that section 26 in Form 0-4 of the Third Schedule.
- Application for registration of title of agent or licensee under section 28.-(1) An application under sub-section (4) of section 28 for registration as an agent or licensee, as the case may be, shall be made in Form PV-9 of the First Schedule.
- (2)
- The application for title by a licensee or an agent shall be accompanied by three attested copies of the agreement or instrument of entitlement or any other documentary evidence.
- (3)
- The proposed agent or licensee may also be required to produce such other documents and information as may be required by the Registrar in support of the proof of title.
- (4)
- The applicant under sub-section (4) of section 28 shall pay the fee as specified for the purpose in column (3) of the Second Schedule.
46. Reference of disputes of entitlement under section 28.-(1) While referring a dispute under subsection (4) of section 28 to the Authority for determination the Registrar shall furnish all the relevant information related to dispute with three copies of all the documents and evidence available with his office.
(2) On receipt of an order of the Authority in respect of the dispute, the Registrar shall furnish copies of the order to the persons involved for necessary compliance. - Certificate of registration of entitlement under section 28.-The certificate of registration to be issued to a registered licensee or an agent by the Registrar under sub-section (4) of section 28 shall be inForm 0-5 of the Third Schedule.
- Application and procedure for varying or cancelling terms of registration under section 28.-(1) An application under clause (a), (b), (c), (d) or (e) of sub-section (9) of section 28 for variation or cancellation of the terms of registration of a registered breeder or his successor or any other person shall be in Form PV-10 of the First Schedle.
(2) Every applications under sub-rule (1) shall be accompanied by a fee as specified for the purpose in column
(3) of the Second Schedule.
49. Notice and proceedings under section 28.-(1) The Registrar shall issue notice of every CJ.pplication under sub-section (10) of section 28 in Form 0-6 of the Third Schedule to the registered breeder or the agent or the licensee. - (2)
- Any person to whom a notice has been issued under sub-rule (1) and who intends to oppose or intervene in any proceedings under section 28, shall, within three months of the receipt of such notice, give notice of opposition or intervention to the Registrar in Form