Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)When an application for registration of a variety (other than an essentially derived variety) has been accepted and either--
- (a)the application has not been opposed and the time of notice of opposition has expired; or
- (b)the application has been opposed and the opposition has been rejected, the Registrar shall register the variety.
- (2)On the registration of the variety (other than an essentially derived variety), the Registrar shall issue to the applicant a certificate of registration in the prescribed form and sealed with the seal of the Registry and send a copy thereof to the Authority for determination of benefit sharing and to such other authority, as may be prescribed, for information. The maximum time required by the Registrar for issuing the certificate of registration from the date of filing of the application for registration of a variety shall be such as may be prescribed.
- (3)Where registration of a variety (other than an essentially derived variety), is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
- (4)The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.
- (5)The Registrar shall have power to issue such directions to protect the interests of a breeder against any abusive act committed by any third party during the period between filing of application for registration and decision taken by the Authority on such application.
- (6)The certificate of registration issued under this section or sub-section (8) of section 23 shall be valid for nine years in the case of trees and vines and six years in the case of other crops and may be reviewed and renewed for the remaining period on payment of such fees as may be fixed by the rules made in this behalf subject to the condition that the total period of validity shall not exceed,--
- (i)in the case of trees and vines, eighteen years from the date of registration of the variety;
- (ii)in the case of extant variety, fifteen years from the date of the notification of that variety by the Central Government under section 5 of the Seeds Act, 1966 (54 of 1966); and
- (iii)in other cases, fifteen years from the date of registration of the variety.
Summary
- Requires the Registrar to officially register a variety if it was not opposed, or if the opposition filed against it was rejected.
- Directs the Registrar to issue a sealed certificate of registration to the breeder and send a copy to the Authority to start the benefit-sharing evaluation.
- Allows the Registrar to declare an application abandoned if the applicant's delay prevents registration from being completed within twelve months.
- Empowers the Registrar to correct simple clerical errors, which are minor typing mistakes, in the registry and issue protective orders to shield an applicant's variety from commercial abuse while their application is pending.
- Sets the initial validity of the registration certificate at nine years for trees and vines, and six years for other crops.
- Restricts the maximum total registration period, including renewals, to eighteen years for trees and vines, fifteen years from notification for extant varieties, which are varieties in public domain or common knowledge, and fifteen years for all other crops.
Practical examples
FAQ
1. What is the initial validity period of a registration certificate under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the certificate is initially valid for nine years in the case of trees and vines, and six years for all other crops.
2. What is the maximum total duration of protection for trees and vines under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the total period of validity, including any renewals, cannot exceed eighteen years from the date of registration for trees and vines.
3. How does Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001 deal with applicant delays?
Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, if registration is not completed within twelve months of applying due to the applicant's default, meaning their own failure to act, the Registrar can give notice and treat the application as abandoned.
4. Can a registration certificate be corrected if there is a typo under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar has the power to amend the register or the certificate to correct any clerical errors, which are minor spelling or writing mistakes.
Test yourself
Q1.Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the maximum total period of protection allowed for crops other than trees, vines, or notified extant varieties, which are existing varieties in public use?
Q2.Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the initial validity period of a registration certificate for a tree or a vine?
Q3.Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, for how long from the date of application can an applicant's default delay the registration process before the Registrar can treat it as abandoned?
Q4.Under Section 24 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the initial validity of a certificate of registration issued for an essentially derived variety, which is a modified variety, under Section 23 of the Act?