Section 32 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi
Where any country declared by the Central Government in this behalf by notification in the Official Gazette under sub-section (1) of section 31 does not accord to citizens of India the same rights in respect of the registration and protection of a variety, as it accords to its own nationals, no national of such country shall be entitled, either solely or jointly with any other person, to apply for the registration of a variety or be entitled to get a variety registered under this Act.
Summary
- Reciprocity means equal treatment, where countries give citizens of other countries the same legal benefits that they give to their own citizens.
- If a declared convention country under Section 31 does not give Indian citizens the same rights as its own nationals, its own citizens will lose their rights in India.
- Citizens of such a non-reciprocating country cannot apply for plant variety registration in India.
- This restriction applies whether the foreign citizen tries to apply on their own or jointly with anyone else.
Practical examples
FAQ
1. What does reciprocity mean under Section 32 of the Plant Varieties Protection Act?
Under Section 32 of the Act, reciprocity means that a foreign country must give Indian citizens the exact same rights to register and protect plant varieties that it gives to its own citizens, otherwise its own nationals cannot register varieties in India.
2. Can a foreign citizen file a joint application in India if their home country does not have reciprocity under Section 32 of the 2001 Act?
No, under Section 32 of the 2001 Act, if a country does not provide reciprocal rights to Indian citizens, no national of that country can apply for registration either by themselves or jointly with any other person.
3. How does Section 32 of the Indian plant variety law connect to Section 31?
Section 32 of the Indian plant variety law enforces fairness by stating that if a country declared as a convention country under Section 31 does not give equal rights to Indians, its citizens lose the privilege to apply for variety protection in India.
Test yourself
Q1.Under Section 32 of the Plant Varieties Protection Act, what is the consequence if a country declared under Section 31(1) fails to give Indian citizens the same variety registration rights as its own citizens?
Q2.Under Section 32 of the 2001 Act, a national of a non-reciprocating country wants to register a variety. How does the law treat a joint application made by this person and an Indian citizen?
Q3.Under Section 31 and Section 32 of the Indian plant variety law, who determines which foreign countries are convention countries, and what happens if those countries do not behave reciprocally?
Q4.Under Section 32 of the Plant Varieties Protection Act, what specific standard must a foreign country meet for its citizens to be eligible to apply for registration in India?