Section 70 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)Any person who--
- (a)applies any false denomination to a variety; or
- (b)indicates the false name of a country or place or false name and address of the breeder of a variety registered under this Act in the course of trading such variety, shall, unless he proves that he acted, without intend to defraud, be punishable with imprisonment for a term which shall not be less than three months but which may extend to two years, or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both.
Summary
- It makes it a criminal offense to apply any false name or false denomination to a plant variety.
- It penalizes trading a plant variety while providing a false country of origin or false breeding location.
- It punishes anyone who gives a false name or false address of the breeder of a registered variety during trade.
- It sets a jail term of between three months and two years for these misrepresentations.
- It establishes a fine ranging from fifty thousand rupees to five lakh rupees for offenders.
- It allows accused individuals to be cleared of charges if they can prove they had no intent to defraud.
Practical examples
FAQ
1. What is the penalty for using a false variety name under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, applying a false variety name can lead to a prison term between three months and two years, a fine between fifty thousand rupees and five lakh rupees, or both.
2. Can a trader be punished under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, for listing a wrong breeder address?
Yes, under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, indicating a false name or address of the breeder of a registered variety during trade is a punishable offence.
3. Is there any defense available to someone accused of applying a false denomination under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, an accused person will not be punished if they can prove that they acted without any intent to defraud.
Test yourself
Q1.Under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the minimum term of imprisonment for a person convicted of applying a false variety name, assuming they had an intent to defraud?
Q2.Under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the maximum fine that can be imposed for trading a variety with a false breeder address?
Q3.Under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following actions constitutes a punishable offense if done with an intent to defraud?
Q4.If an accused breeder proves they acted without any intent to defraud, what is the outcome under Section 70 of the Protection of Plant Varieties and Farmers Rights Act, 2001?