Application for registrationCentral

Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi

(1)Where an application for registration of a variety has been accepted absolutely or subject to conditions or limitations under sub-section (1) of section 20, the Registrar shall, as soon as after its acceptance, cause such application together with the conditions or limitations, if any, subject to which it has been accepted and the specifications of the variety for registration of which such application is made including its photographs or drawings, to be advertised in the prescribed manner calling objections from the persons interested in the matter.
(2)Any person may, within three months from the date of the advertisement of an application for registration on payment of the prescribed fees, give notice in writing in the prescribed manner, to the Registrar of his opposition to the registration.
(3)Opposition to the registration under sub-section (2) may be made on any of the following grounds, namely:--
1. (a)that the person opposing the application is entitled to the breeders right as against the applicant; or
2. (b)that the variety is not registrable under this Act; or
3. (c)that the grant of certificate of registration may not be in public interest; or
4. (d)that the variety may have adverse effect on the environment.
(4)The Registrar shall serve a copy of the notice of opposition on the applicant for registration and, within two months from the receipt by the applicant of such copy of the notice of opposition, the applicant shall send to the Registrar in the prescribed manner a counter-statement of the grounds on which he relies for his application, and if he does not do so, he shall be deemed to have abandoned his application
(5)If the applicant sends such counter-statement, the Registrar shall serve a copy thereof on the person giving notice of opposition.
(6)Any evidence upon which the opponent and the applicant may rely shall be submitted, in the manner prescribed and within the time prescribed, to the Registrar and the Registrar shall give an opportunity to them to be heard, if so desired.
(7)The Registrar shall, after hearing the parties, if so required, and considering the evidence, decide whether and subject to what conditions or limitations, if any, the registration is to be permitted and may take into account a ground of objection whether relied upon by the opponent or not.
(8)Where a person giving notice of opposition or an applicant sending a counter-statement after receipt of a copy of such notice neither resides nor carries on business in India, the Registrar may require him to give security for the cost of proceedings before him and in default of such security being duly given may treat the opposition or application, as the case may be, as abandoned.
(9)The Registrar may, on request, permit correction of any error in, or any amendment of, a notice of opposition or a counter-statement on such terms as he may think fit.

Summary

Requires the Registrar to advertise accepted registration applications, including photos, drawings, and any specific conditions, so that interested parties can see them.
Allows anyone to file a written opposition, which is a formal objection, to the registration within three months of the advertisement upon paying the required fee.
Lists the valid grounds for opposing a variety registration, such as breeder right conflicts, unregistrability, which means not meeting the legal criteria to be registered, public interest concerns, or environmental threats.
Directs the applicant to file a counter-statement, which is a written reply defending their application, within two months of receiving the objection notice, failing which their application is considered abandoned.
Mandates that the Registrar must share the written reply, receive evidence from both sides, offer them a hearing to explain their case, and then make a final decision on registration.

Practical examples

1Ramesh develops a new pest-resistant wheat variety and applies for registration. The Registrar accepts it and publishes the details, including photos of the stalks, in the plant variety journal. Sunita, a researcher, sees the advertisement and realizes the variety has severe environmental side effects, so she files an opposition, which is a formal written objection.

2A foreign seed firm opposes a local breeder's application under the Act. Since the foreign firm does not have an office or reside in India, the Registrar orders them to pay fifty thousand rupees as security for costs, which is a deposit to cover legal expenses, before the case can go forward.

FAQ

1. What are the valid grounds to oppose a plant variety registration under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, any person can oppose on four grounds: that they have a better right to the variety than the applicant, that the variety is not registrable, meaning it fails the legal tests to be registered under the law, that registration is against the public interest, or that the variety could harm the environment.

2. How much time does an applicant have to respond to an opposition notice under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the applicant must file a written counter-statement, which is a formal reply defending their application, within two months of receiving the copy of the opposition notice, otherwise their application is treated as abandoned.

3. Can a person living outside India oppose an application under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

Yes, but under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, if an opponent does not reside or carry on business in India, the Registrar may require them to provide security for the costs of the proceedings, which is a financial deposit to cover legal fees, and if they fail to do so, their opposition is treated as abandoned.

Test yourself

Q1.Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the time limit for any person to file a notice of opposition, which is a formal objection, after an application is advertised?

Q2.Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, if the applicant receives a copy of the opposition notice but fails to send a counter-statement, which is a written defense of the application, what is the consequence?

Q3.Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is NOT a statutory ground, meaning a reason allowed by law, for opposing a registration application?

Q4.Under Section 21 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what can the Registrar do if an opponent neither resides nor carries on business in India?

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