Section 16 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)An application for registration under section 14 shall be made by--
- (a)any person claiming to be the breeder of the variety; or
- (b)any successor of the breeder of the variety; or
- (c)any person being the assignee of the breeder of the variety in respect of the right to make such application; or
- (d)any farmer or group of farmers or community of farmers claiming to be the breeder of the variety; or
- (e)any person authorised in the prescribed manner by a person specified under clauses (a) to (d) to make application on his behalf; or
- (f)any university or publicly funded agricultural institution claiming to be the breeder of the variety.
- (2)An application under sub-section (1) may be made by any of the persons referred to therein individually or jointly with any other person.
Summary
- This section lists the specific people and entities who are legally allowed to apply for registration of a plant variety under the Act.
- It permits the original breeder, their successor who inherits the rights, or their assignee, meaning a person who has legally acquired the rights, to make the application.
- It allows individual farmers, groups of farmers, or communities of farmers who developed the variety to apply for protection.
- It enables universities and publicly funded agricultural institutions that bred the variety to submit an application.
- It allows any of these eligible applicants to authorise a representative to file the application on their behalf in the prescribed way.
- It states that applications can be filed by eligible persons either individually or jointly with any other person.
Practical examples
FAQ
1. Who has the right to apply for a plant variety registration under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the application can be made by the variety breeder, their successor, their assignee, a farmer, a group of farmers, a community of farmers, a university, a publicly funded agricultural institution, or any person they authorise in writing.
2. Can a group of farmers apply for a joint registration under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001 allows any of the eligible applicants to file for registration either on their own or jointly with any other person.
3. Can a university file for registration of a crop variety under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001, any university or publicly funded agricultural institution that claims to be the breeder of the variety is fully eligible to apply.
Test yourself
Q1.Under Section 16 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following parties is excluded from making an application for registration?
Q2.Under Section 16 of the plant variety protection Act of 2001, how can two or more breeders file an application for registration?
Q3.Under Section 16 of the Protection of Plant Varieties Act, what must a community of farmers do to apply for registration of a variety they developed?
Q4.Under Section 16 and Section 18 of the 2001 plant variety protection statute, what must an assignee of a breeder submit to establish their right to file the application?