Section 68 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)No person other than the breeder of a variety registered under this Act or a registered licensee or a registered agent thereof shall use the denomination of that variety in the manner as may be prescribed.
- (2)A person shall be deemed to apply the denomination of a variety registered under this Act who--
- (a)applies it to the variety itself; or
- (b)applies it to any package in or with which the variety is sold, or exposed for sale, or had in possession such package for sale or for any purpose of trade or production; or
- (c)places, encloses or annexes the variety which is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or production, in or with any package or other thing to which the denomination of such variety registered under this Act has been applied; or
- (d)uses the denomination of such variety registered under this Act in any manner reasonably likely to lead to the belief that the variety or its propagating material in connection with which it is used is designated or described by that denomination; or
- (e)in relation to the variety uses such denomination in any advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and such variety is delivered to a person in pursuance of a request or order made by reference to the denomination as so used.
- (3)A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing.
Summary
- The Chairperson holds the official financial and administrative powers over the operations of the Authority.
- These powers are defined and prescribed by the rules made under this Act.
- The Chairperson is legally permitted to delegate these financial and administrative powers to any member or officer of the Authority.
- Any member or officer exercising these delegated powers must continue to work under the direction, control, and supervision of the Chairperson.
Practical examples
FAQ
1. Who is allowed to use a registered variety's name under the plant protection law Section 68?
Under Section 68 of the plant protection law, only the registered breeder of the variety, or their registered agent or licensee, is allowed to use the variety's denomination, which means its official name.
2. What actions are considered applying a variety's name under the registered varieties act Section 68?
Under Section 68 of the registered varieties act, applying a name includes putting it on the variety itself, on its packaging, using it in advertisements, invoices, catalogues, business letters, price lists, or other commercial documents.
3. Is putting a variety's name on a storage box considered applying it under the 2001 Act Section 68?
Yes, according to Section 68 of the 2001 Act, a name is considered applied if it is woven, stamped, printed, or attached to the variety or to any package, box, or container used for sale or trade.
Test yourself
Q1.Under Section 63 of the Protection of Plant Varieties and Farmers Rights Act, 2001, to whom can the Chairperson delegate their administrative and financial powers?
Q2.Under Section 63 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the status of an officer who is exercising delegated powers?
Q3.Under Section 63 of the Protection of Plant Varieties and Farmers Rights Act, 2001, how are the administrative and financial powers of the Chairperson established?
Q4.Under Section 63 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is true regarding delegation of authority?