Section 38 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi
Alteration of denomination of a registered variety.
- (1)The breeder of a variety registered under this Act may apply in the prescribed manner to the Registrar to delete any part or to add to or alter the denomination of such variety in any manner not substantially affecting the identity thereof, and the Registrar may refuse leave or may grant it on such terms and subject to such limitations as he may think fit to avoid any conflict with the rights of other breeders of the varieties registered under this Act.
- (2)The Registrar may cause an application under this section to be advertised in the prescribed manner in any case where it appears to him that it is expedient so to do, and where he does so, if within the prescribed time from the date of the advertisement any person gives notice to the Registrar in the prescribed manner of opposition to the application, the Registrar shall, after hearing the parties if so required, decide the matter.
- (3)Where leave is granted under this section, the denomination of the variety as altered shall be advertised in the prescribed manner, unless the application has already been advertised under sub-section (2).
Summary
- A registered breeder can choose to give up their plant variety protection at any time by giving written notice to the Registrar.
- The Registrar must inform all registered agents or licensees about the breeder's offer to surrender.
- Registered agents and licensees have the right to formally oppose the surrender within a set time period.
- If any opposition is filed, the Registrar must share the details of the opposition with the breeder.
- The Registrar will hold a hearing for anyone who wants to be heard before deciding whether to accept the surrender and revoke the certificate.
Practical examples
FAQ
1. Can a breeder change the name of a registered variety under the plant protection law Section 38?
Under Section 38 of the plant protection law, a breeder can apply to the Registrar to delete, add to, or change the denomination, which means the registered name, of their plant variety. The Registrar can approve this change if it does not significantly alter the identity of the variety and does not conflict with the rights of other registered breeders.
2. Is there a public objection process for plant variety name changes under the registered varieties act Section 38?
Yes, under Section 38 of the registered varieties act, the Registrar can advertise the application for a name change if they think it is appropriate. Any person who wants to oppose the change can file a notice of opposition within the allowed time, and the Registrar will decide the matter after a hearing.
3. What happens after a plant variety name change is approved under the Plant Varieties and Farmers' Rights Act Section 38?
According to Section 38 of the Plant Varieties and Farmers' Rights Act, once the name change is permitted, the newly altered name must be advertised, unless it was already advertised during the application stage.
Test yourself
1.Under Section 33 of the Plant Varieties Protection Act, who must the Registrar notify immediately after a breeder offers to surrender a certificate of registration?
2.Under Section 33 of the 2001 Act, what must the Registrar do with a notice of opposition filed by a registered licensee against a proposed surrender?
3.Under Section 33 of the Indian plant variety law, when does the surrender of a registration certificate actually take effect?
4.Under Section 33 of the Plant Varieties Protection Act, who has the legal authority to accept an offer of surrender and revoke the certificate?