Section 50 of The Protection of Plant Varieties and Farmers Rights Act, 2001
The Authority shall determine the duration of the compulsory licences granted under this Chapter and such duration may vary from case to case keeping in view the gestation periods and other relevant factors but in any case it shall not exceed the total remaining period of the protection of that variety and when a compulsory licence is granted the prescribed authority shall, in the prescribed manner make available to the licensee of such compulsory licence, the reproductive material of the variety relating to such compulsory licence stored in the National Gene Bank or any other centre.
Summary
- The Central Government must set up a specific fund named the National Gene Fund.
- This fund is financed through benefit sharing payments, annual breeder royalties, community compensation deposits, and outside contributions.
- The money in the fund is used to pay out benefit sharing amounts to eligible claimants.
- It also funds the compensation ordered for village or local communities under community rights.
- The fund pays for conserving plant genetic resources and helps panchayats do conservation work.
- It covers the expenses of executing benefit sharing schemes that are officially framed under the law.
Practical examples
FAQ
1. How long does a compulsory licence last under the plant variety act Section 50?
Under Section 50 of the plant variety act, the Authority decides how long a compulsory licence lasts on a case-by-case basis. This duration is based on the plant's gestation period, which means its growth and development cycle, and other relevant factors, but it can never exceed the remaining period of the variety's protection.
2. Where does a compulsory licensee get plant material under the plant variety protection law Section 50?
Under Section 50 of the plant variety protection law, once a compulsory licence is granted, the licensee will receive the reproductive material of that variety from the National Gene Bank or another designated centre to start production.
3. Can a compulsory licence continue after the variety's protection expires under the 2001 Act Section 50?
No, according to Section 50 of the 2001 Act, the duration of a compulsory licence cannot go beyond the remaining period of protection for that specific plant variety.
Test yourself
Q1.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, which of the following is NOT credited to the National Gene Fund?
Q2.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what role does the local Panchayat play in relation to the National Gene Fund?
Q3.If the Authority grants community compensation under Section 41, how does Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, coordinate the flow of these funds?
Q4.Under Section 45 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what type of conservation is funded by the National Gene Fund?