Question

Define the term 'New Plant Variety'. State the provisions regarding period of validity of Registration, Surrender and Revocation of certificate.

Answer 1

The Protection of Plant Varieties and Farmers’ Rights Rules, 20031

1. Short title and commencement.—

(1) These rules may be called the Protection of Plant Varieties and Farmers’ Rights Rules, 2003.

(2) They shall come into force on the date on which the Act shall come into force.

2. Definitions.—In these rules, unless the context otherwise requires,—

(a) “Act” means the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001);

(b) “Authority” means the Protection of Plant Varieties and Farmers’ Rights Authority established under sub-section (1) of section 3;

(c) “Chairperson” means the Chairperson of the Authority appointed under clause (a) of sub-section (5) of section 3;

(d) “fee” means the fee specified in the Second Schedule;

(e) “Form” means a Form specified in the First Schedule;

(f) “Gazette” means the Official Gazette of the Government of India;

(g) “journal” means the monthly journal of the Authority;

(h) “non-official member” means a member of the Authority other than a member, ex officio;

(i) “notice” means a notice issued by the Tribunal or the Registrar or the Authority under the Act;

(j) “Registrar” means a Registrar of Plant Varieties appointed under sub-section (4) of section 12 and includes the Registrar General of Plant Varieties appointed under sub-section (3) of that section;

(k) “Schedule” means a Schedule annexed to these rules;

(l) “section” means a section of the Act;

(m) “representation” means any written communication addressed to the Authority or the Registrar in any proceeding under the Act;

(n) all other words and expressions used, but not defined in these rules, but defined in the Act, shall have the meanings respectively assigned to them in the Act.