Section 47 of The Protection of Plant Varieties and Farmers Rights Act, 2001
- (1)At any time, after the expiry of three years from the date of issue of a certificate of registration of a variety, any person interested may make an application to the Authority alleging that the reasonable requirements of the public for seed or other propagating material of the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price and pray for the grant of a compulsory licence to undertake production, distribution and sale of the seed or other propagating material of that variety.
- (2)Every application under sub-section (1) shall contain a statement of the nature of the applicants interest together with such particulars as may be prescribed and the facts upon which the application is based.
- (3)The Authority, after consultation with the Central Government, and if satisfied after giving an opportunity to the breeder of such variety to file opposition and after hearing the parties, on the issue that the reasonable requirements of the public with respect to the variety have not been satisfied or that the seed or other propagating material of the variety is not available to the public at a reasonable price, may order such breeder to grant a licence to the applicant upon such terms and conditions as it may deem fit and send a copy of such order to the Registrar to register the title of such applicant as licensee under sub-section (4) of section 28 on payment of such fees by the applicant as is referred to in that sub-section.
Summary
- This section protects farmers from liability if they infringe on a registered plant variety's rights without knowing those rights existed.
- An act is not treated as an infringement if the farmer was genuinely unaware of the registered right at the time.
- Courts cannot award civil damages or other remedies against a farmer who proves they did not know about the plant variety protection.
- Criminal courts are barred from taking cognizance of or prosecuting any infringement offense against an innocent farmer.
Practical examples
FAQ
1. What is a compulsory licence under the Plant Varieties Protection Act Section 47?
Under Section 47 of the Plant Varieties Protection Act, a compulsory licence is an official order that forces a breeder to let another person produce, distribute, and sell their registered variety's seeds. This can be granted if the public's seed needs are not met or if seeds are not sold at a reasonable price.
2. When can an interested person apply for a compulsory licence under the 2001 Act Section 47?
Under Section 47 of the 2001 Act, an interested person can apply for a compulsory licence only after three years have passed from the date the variety's registration certificate was issued.
3. What is the process for granting a compulsory licence under the Plant Varieties and Farmers' Rights Act Section 47?
According to Section 47 of the Plant Varieties and Farmers' Rights Act, the Authority will consult with the Central Government and give the breeder a chance to oppose the application. If the Authority is satisfied that public demand is ignored or prices are too high, it will order the breeder to grant the licence, and the licensee will be officially registered.
Test yourself
Q1.Under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, what is the primary condition for a farmer to be protected against a claim of infringement?
Q2.Which of the following legal outcomes is prohibited by Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, if a farmer proves they acted innocently?
Q3.Under Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, where must a farmer prove their lack of awareness about the registered variety?
Q4.How does Section 42 of the Protection of Plant Varieties and Farmers' Rights Act, 2001, impact the civil suits filed under Section 65 of the same Act?