Section 42 of The Protection of Plant Varieties and Farmers Rights Act, 2001
Notwithstanding anything contained in this Act,--
- (i)a right established under this Act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right; and
- (ii)a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such infringement by any court against a farmer who proves, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed.
Summary
- This section protects farmers from liability if they infringe on a registered plant variety's rights without knowing those rights existed.
- An act is not treated as an infringement if the farmer was genuinely unaware of the registered right at the time.
- Courts cannot award civil damages or other remedies against a farmer who proves they did not know about the plant variety protection.
- Criminal courts are barred from taking cognizance of or prosecuting any infringement offense against an innocent farmer.
Practical examples
FAQ
1. What is the defense of innocent infringement for farmers under Section 42 of the Farmers' Rights Act?
Under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, a farmer cannot be held liable for infringement if they prove in court that they were not aware of the existence of the registered right at the time of the infringement.
2. Can a court grant damages against a farmer under Section 42 of the 2001 Plant Varieties Act?
No, under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, a court cannot grant any relief or damages in an infringement suit against a farmer who proves they did not know the plant variety was protected.
3. Does innocent infringement apply to commercial seed companies under Section 42 of the plant variety protection law?
No, Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, explicitly protects only farmers who are unaware of the registered rights, not commercial seed companies or corporate breeders.
Test yourself
Q1.Under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what is the primary condition for a farmer to be protected against a claim of infringement?
Q2.Which of the following legal outcomes is prohibited by Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, if a farmer proves they acted innocently?
Q3.Under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, where must a farmer prove their lack of awareness about the registered variety?
Q4.How does Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, impact the civil suits filed under Section 65 of the same Act?