Section 66 of The Protection of Plant Varieties and Farmers Rights Act, 2001 in hindi — Relief in suits for infringement
Bare section text
Official Legislative Text
- (1)The relief which a court may grant in any suit for infringement referred to in section 65 includes an injunction and at the option of the plaintiff, either damages or a share of the profits.
- (2)The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:--
- (a)discovery of documents;
- (b)preserving of infringing variety or documents or other evidence which are related to the subject-matter of the suit;
- (c)attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.
Educational Study Layer
Summary
- A dedicated fund named the Protection of Plant Varieties Authority Account is officially created.
- It receives any other money from sources approved by the Central Government.
- The fund is used to pay salaries, allowances, and remunerations of the Chairperson, officers, and employees.
- It is also used to pay for all general expenses of the Authority while performing its duties.
Practical examples
FAQ
1. What remedies can a breeder get for variety infringement under the Plant Varieties and Farmers' Rights Act Section 66?
Under Section 66 of the Plant Varieties and Farmers' Rights Act, a court can grant an injunction, which is an order to stop the infringement. The court can also award either financial damages or a share of the infringer's profits, depending on what the plaintiff, meaning the person suing, chooses.
2. Can a breeder get an urgent order without the infringer present under the plant variety act Section 66?
Yes, under Section 66 of the plant variety act, the court can issue an ex parte injunction, which is an emergency temporary order granted before the other side is heard.
3. What orders can a court make to preserve evidence in an infringement case under the 2001 Act Section 66?
According to Section 66 of the 2001 Act, the court can issue temporary orders to discover documents, preserve the infringing plant varieties, or freeze the defendant's property to make sure there are funds to pay for damages and costs.
Practice Quiz
Q1.Under Section 61 of the Protection of Plant Varieties and Farmers Rights Act, 2001, which of the following is specifically excluded from being credited to the Protection of Plant Varieties Authority Account?
Q2.Under Section 61 of the Protection of Plant Varieties and Farmers Rights Act, 2001, how are the grants and loans received under Section 60 handled?
Q3.Under Section 61 of the Protection of Plant Varieties and Farmers Rights Act, 2001, what is one of the primary approved applications of the Authority Account?
Q4.Under Section 61 of the Protection of Plant Varieties and Farmers Rights Act, 2001, who decides the other sources from which the Authority can receive and credit funds to its account?