Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi — Registrar to consider grounds of opposition

Bare section text

Official Legislative Text

The Registrar shall consider all the grounds on which the application has been opposed and after giving reasons for his decision, by order, uphold or reject the opposition.

Educational Study Layer

Summary

Requires the Registrar to evaluate every single objection ground raised against a variety's registration.
Directs the Registrar to write a clear, reasoned order, which is a formal decision, explaining the final choice.
Gives the Registrar the legal power to either accept the opposition, which is a formal objection, and block registration, or dismiss it and allow registration.

Practical examples

1After hearing arguments on whether a new potato variety harms the local soil, Registrar Anjali writes a ten-page decision. She goes through every objection point raised by a farmers' collective, provides scientific reasoning, and rejects the opposition, which is the formal objection, under the Act.

2An opponent claims that a proposed rice variety is identical to an existing wild strain. Registrar Rajesh reviews the comparison tests, concludes the opponent is correct, and issues an order, which is a formal legal decision, upholding the opposition and rejecting the application.

FAQ

1. What must the Registrar do when deciding on an opposition under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar must consider all the grounds raised in the opposition, which is a formal written objection, and issue a written order that gives clear reasons for either upholding or rejecting the opposition.

2. Can a Registrar reject an opposition without giving reasons under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

No. Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar is legally required to provide the reasons for their decision in their written order, which is a formal legal ruling, whether they are upholding or rejecting the opposition.

3. Who has the authority to decide whether to uphold or reject a registration opposition under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001?

Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, the Registrar has the sole authority to consider the opposition grounds and issue an order, which is a formal legal directive, to uphold or reject it.

Practice Quiz

Q1.Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what must the Registrar's final order, which is a formal written decision, on an opposition contain?

Q2.Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, which actions can the Registrar perform by order?

Q3.How does Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001 interact with Section 21 regarding the grounds of opposition?

Q4.Under Section 22 of The Protection of Plant Varieties and Farmers Rights Act, 2001, what is the legal status of the Registrar's decision?

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