Section 26 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi — Determination of benefit sharing by Authority
Bare section text
Official Legislative Text
- (1)On receipt of copy of the certificate of registration under sub-section (8) of section 23 or sub-section (2) of section 24, the Authority shall publish such contents of the certificate and invite claims of benefit sharing to the variety registered under such certificate in the manner as may be prescribed.
- (2)On invitation of the claims under sub-section (1), any person or group of persons or firm or governmental or non-governmental organisation shall submit its claim of benefit sharing to such variety in the prescribed form within such period, and accompanied with such fees, as may be prescribed: Provided that such claim shall only be submitted by any--
- (i)person or group of persons, if such person or every person constituting such group is a citizen of India; or
- (ii)firm or governmental or non-governmental organisation, if such firm or organisation is formed or established in India.
- (3)On receiving a claim under sub-section (2), the Authority shall send a copy of such claim to the breeder of the variety registered under such certificate and the breeder may, on receipt of such copy, submit his opposition to such claim within such period and in such manner as may be prescribed.
- (4)The Authority shall, after giving an opportunity of being heard to the parties, dispose of the claim received under sub-section (2).
- (5)While disposing of the claim under sub-section (4), the Authority shall explicitly indicate in its order the amount of the benefit sharing, if any, for which the claimant shall be entitled and shall take into consideration the following matters, namely:--
- (a)the extent and nature of the use of genetic material of the claimant in the development of the variety relating to which the benefit sharing has been claimed;
- (b)the commercial utility and demand in the market of the variety relating to which the benefit sharing has been claimed.
- (6)The amount of benefit sharing to a variety determined under this section shall be deposited by the breeder of such variety in the manner referred to in clause (a) of sub-section (1) of section 45 in the National Gene Fund.
- (7)The amount of benefit sharing determined under this section shall, on a reference made by the Authority in the prescribed manner, be recoverable as an arrear of land revenue by the District Magistrate within whose local limits of jurisdiction the breeder liable for such benefit sharing resides.
Educational Study Layer
Summary
- The Protection of Plant Varieties Authority publishes details of registered plant varieties and invites the public to submit claims for benefit sharing, which is a share of the breeder's profits.
- Only Indian citizens, or firms and organisations established in India, can submit a claim for benefit sharing.
- Claims must be submitted within a set time and accompanied by a fee.
- The breeder is given a copy of the claim and can file opposition to it.
- The Authority decides claims after hearing both sides, considering how much the claimant's genetic material was used and the variety's market demand.
- Breeders must deposit the decided benefit sharing amount into the National Gene Fund, and unpaid amounts can be recovered by the District Magistrate as land revenue arrears.
Practical examples
FAQ
1. Who can claim benefit sharing under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Only citizens of India, or firms and governmental or non-governmental organisations established in India, are allowed to submit a claim for benefit sharing under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001.
2. What factors does the Authority consider when deciding benefit sharing under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
Under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001, the Authority considers two main things, namely the extent and nature of the use of the claimant's genetic material in developing the variety, and the commercial utility and market demand of that variety.
3. How is the benefit sharing money recovered if a breeder refuses to pay under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001?
If a breeder does not pay, the Authority refers the matter to the District Magistrate who has jurisdiction where the breeder lives. The District Magistrate recovers the amount as an arrear of land revenue under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001.
Practice Quiz
Q1.Under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following entities is eligible to file a claim for benefit sharing?
Q2.Under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001, where must the breeder deposit the determined benefit sharing amount?
Q3.Under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what must the Authority do immediately upon receiving a benefit sharing claim before making a decision?
Q4.Under Section 26 of the Protection of Plant Varieties and Farmers Rights Act, 2001, who is empowered to recover the determined benefit sharing amount as an arrear of land revenue if the breeder fails to deposit it?