Section 65 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)No suit--
- (a)for the infringement of a variety registered under this Act; or
- (b)relating to any right in a variety registered under this Act, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit.
- (2)For the purposes of clauses (a) and (b) of sub-section (1), District Court having jurisdiction shall mean the District Court within the local limit of whose jurisdiction the cause of action arises.
Summary
- The Central Government has the power to provide grants and loans of money to the Authority.
- Parliament must first legally approve and set aside these funds through an allocation law, which is called an appropriation.
- The Authority is legally required to use all these grants and loans specifically to carry out the purposes of this plant variety law.
Practical examples
FAQ
1. Which court handles plant variety infringement cases under the plant protection law Section 65?
Under Section 65 of the plant protection law, a lawsuit for variety infringement, which means the unauthorized commercial use of a registered variety, cannot be started in any court lower than a District Court.
2. How do you determine which District Court has jurisdiction under the 2001 Act Section 65?
Under Section 65 of the 2001 Act, jurisdiction, which means the legal power to hear a case, belongs to the District Court within whose local limits the cause of action, meaning the event that triggered the lawsuit, actually took place.
3. Can a local municipal court decide disputes about registered plant variety rights under the registered varieties act Section 65?
No, according to Section 65 of the registered varieties act, any lawsuit concerning rights in a registered variety is strictly barred from being filed in any court lower than the District Court.
Test yourself
Q1.Under Section 60 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is required before the Central Government can make grants and loans to the Authority?
Q2.Under Section 60 of the Protection of Plant Varieties and Farmers Rights Act, 2001, in what forms can the Central Government provide financial assistance to the Authority?
Q3.Under Section 60 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the legal restriction on how the Authority utilizes the received funds?
Q4.Under Section 60 of the Protection of Plant Varieties and Farmers Rights Act, 2001, who decides the exact amount of grants or loans to be given to the Authority?