Section 69 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)A person shall be deemed to falsely apply the denomination of a variety registered under this Act who, without the assent of the breeder of such variety,--
- (a)applies such denomination or a deceptively similar denomination to any variety or any package containing such variety;
- (b)uses any package bearing a denomination which is identical with or deceptively similar to the denomination of such variety registered under this Act, for the purpose of packing, filling or wrapping therein any variety other than such variety registered under this Act.
- (2)Any denomination of a variety registered under this Act falsely applied as mentioned in sub-section (1), is in this Act referred to as false denomination.
- (3)In any prosecution for falsely applying a denomination of a variety registered under this Act the burden of proving the assent of the breeder of such variety shall lie on the accused.
Summary
- Infringement, which means violating a registered legal right, occurs when an unauthorized person sells, exports, imports, or produces a registered variety.
- Infringement also happens if a registered licensee or agent acts outside the scope of their registered license or agency without permission.
- It is an infringement to sell, export, import, or produce another variety using a name that is identical to a registered variety's name.
- Using a name that is deceptively similar to a registered variety's name is also an infringement because it causes confusion among the general public.
Practical examples
FAQ
1. What does it mean to falsely apply a plant variety's name under the Plant Varieties and Farmers' Rights Act Section 69?
Under Section 69 of the Plant Varieties and Farmers' Rights Act, you are falsely applying a name if you use a registered variety's name, or a deceptively similar name, on another variety or its packaging without the breeder's consent. It also includes using empty packaging that has a registered variety's name on it to pack a different variety.
2. What is a false denomination under the plant variety act Section 69?
Under Section 69 of the plant variety act, any registered plant name that is applied to a variety or package without the registered breeder's formal permission is defined as a false denomination.
3. Who has to prove in court that a breeder allowed the use of a variety's name under the 2001 Act Section 69?
According to Section 69 of the 2001 Act, during a prosecution for falsely applying a denomination, the burden of proof is on the accused person to show that they had the breeder's actual permission.
Test yourself
Q1.Under Section 64 of the Protection of Plant Varieties and Farmers Rights Act, 2001, who has the legal right to sell, export, import, or produce a registered variety without committing infringement?
Q2.Under Section 64 of the Protection of Plant Varieties and Farmers Rights Act, 2001, how can an identical or deceptively similar name on another variety cause an infringement?
Q3.Under Section 64 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following actions is NOT listed as a direct infringement of a registered variety when done without permission?
Q4.Under Section 64 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what happens if a registered licensee acts outside the scope of their registered license?