Section 52 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)The Authority, on its own motion or on application from an aggrieved person made to it in the prescribed form, if it is satisfied that a compulsory licensee registered under this Chapter has violated any terms or conditions of his licence or it is not appropriate to continue further such licence in public interest, may, after giving such licensee an opportunity to file opposition and of being heard, make order to revoke such licence.
- (2)When a licence is revoked under sub-section (1) by an order of the Authority, the Authority shall send a copy of such order to the Registrar to rectify the entry or correct the Register relating to such revocation and the Registrar shall rectify the entry or correct the Register accordingly.
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. When can a compulsory licence be revoked under the Plant Varieties and Farmers' Rights Act Section 52?
Under Section 52 of the Plant Varieties and Farmers' Rights Act, the Authority can revoke, which means cancel, a compulsory licence if the licensee breaks any terms or conditions of the licence, or if keeping the licence active is no longer in the public interest.
2. Who can apply to cancel a compulsory licence under the 2001 Act Section 52?
Under Section 52 of the 2001 Act, the Authority can revoke a licence on its own, or any aggrieved person, meaning someone whose rights or business is harmed, can apply to the Authority using the official form.
3. What happens after a compulsory licence is cancelled under the plant variety protection law Section 52?
According to Section 52 of the plant variety protection law, once the Authority decides to revoke a compulsory licence, it must notify the Registrar. The Registrar will then update the National Register of Plant Varieties to reflect the cancellation.
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?