Section 72 of The Protection of Plant Varieties and Farmers Rights Act, 2001
Whoever makes any representation with respect to the denomination of a variety or its propagating material or essentially derived variety or its propagating material not being variety or its propagating material or essentially derived variety or its propagating material registered under this Act, to the effect that it is a variety or its propagating material or essentially derived variety or its propagating material registered under this Act or otherwise represents any variety, or its propagating material, or essentially derived variety or its propagating material not registered under this Act to the effect that it is registered under this Act shall be punishable with imprisonment for a term, which shall not be less than six months but which may extend to three years, or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both.
Summary
- It penalizes falsely representing an unregistered plant variety or its propagating material as registered.
- It penalizes falsely representing an unregistered essentially derived variety as registered.
- It targets any written, oral, or other representation that misleads buyers into believing a variety is registered.
- It sets a minimum imprisonment of six months, which can extend up to three years.
- It establishes a minimum fine of one lakh rupees, extending up to five lakh rupees.
- It permits the court to punish offenders with both jail time and a fine.
Practical examples
FAQ
1. What is the punishment for falsely claiming a variety is registered under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, falsely representing an unregistered variety as registered is punishable with jail between six months and three years, or a fine between one lakh and five lakh rupees, or both.
2. Does Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, apply to essentially derived varieties?
Yes, under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, falsely representing an unregistered essentially derived variety or its propagating material as registered is a punishable offence.
Test yourself
Q1.Under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is the maximum prison term that can be given to someone who falsely represents a plant variety as registered?
Q2.Which of the following carries the highest minimum fine under the Protection of Plant Varieties and Farmers Rights Act, 2001?
Q3.Under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which items are covered under the restriction against false representation of registration?
Q4.What is the minimum imprisonment term under Section 72 of the Protection of Plant Varieties and Farmers Rights Act, 2001, for falsely claiming that an essentially derived variety is registered?