Section 78 of The Protection of Plant Varieties and Farmers Rights Act, 2001
Notwithstanding anything contained in this Act, the Authority or the Registrar shall--
- (a)not disclose any information relating to the registration of a variety or any application relating to the registration of a variety under this Act, which it considers prejudicial to the interest of the security of India; and
- (b)take any action regarding the cancellation of registration of such varieties registered under this Act which the Central Government may by notification in the Official Gazette specify in the interest of the security of India. Explanation.--For the purposes of this section, the expression "security of India" means any action necessary for the security of India which relates to the use of any produce of any variety registered under this Act directly or indirectly for the purposes of war or military establishment or for the purposes of war or other emergency in international relations.
Summary
- It prioritizes India's national security over other parts of the plant protection law.
- The Authority and Registrar must keep registration and application information secret if disclosure hurts national security.
- The Authority and Registrar must cancel any plant variety registration if specified by the Central Government in the Official Gazette.
- Security of India includes actions protecting against emergencies in international relations or war.
- It also covers any direct or indirect use of a registered variety's produce for war or military purposes.
Practical examples
FAQ
1. Can the Registrar refuse to share registration information under Section 78 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Yes, under Section 78 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar can withhold any information regarding registration or applications if disclosing it is deemed harmful to India's security.
2. Who has the power to order the cancellation of a variety's registration for national security under Section 78 of the Farmers Rights Act?
Under Section 78 of the Farmers Rights Act, the Central Government has the power to specify varieties for cancellation by notifying them in the Official Gazette, and the Authority or Registrar must execute this cancellation.
3. What does "security of India" mean under Section 78 of the Plant Varieties Act?
Under Section 78 of the Plant Varieties Act, "security of India" refers to actions necessary for national security concerning the direct or indirect use of any registered variety's produce for war, military establishments, or other emergencies in international relations.
Test yourself
Q1.Under Section 78 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the duty of the Registrar regarding information that is considered prejudicial to national security?
Q2.Under Section 78 of the Plant Varieties Act of 2001, how does the Central Government initiate the cancellation of a registered variety in the interest of national security?
Q3.Under Section 78 of the 2001 Farmers Rights Act, the definition of "security of India" specifically covers actions that relate to the use of a registered variety's produce for which of the following?
Q4.Under Section 78 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which authorities are bound to refuse disclosure or cancel registrations in the interest of India's security?