(1)
These rules may be called the Protection of Plant
Varieties and Farmers’ Rights Rules, 2003.
(2)
They shall come into force on the date on which the Act
shall come into force.
2. Definitions
- In these rules, unless the context otherwise requires, -
(a)
"Act" means the Protection of Plant Varieties
and Farmers’ Rights Act, 2001(53 of 2001);
(b)
"Authority" means the Protection of Plant
Varieties and Farmers’ Rights Authority established under sub-section (1) of
section 3;
(c)
“Chairperson” means the chairperson of the
Authority appointed under clause (a) of sub-section (5) of section 3;
(d)
“fee’ means the fee specified in the Second
Schedule;
(e)
“Form"
means a Form specified in the First Schedule;
(f)
“Gazette”
means the Official Gazette of the Government of India;
(g)
“journal”
means the monthly Journal of the Authority;
(h)
“non-official member” means a member of the
Authority other than a member, ex-officio;
(i)
“notice”
means a notice issued by the Tribunal or the Registrar or the
Authority under the Act;
(j)
“Registrar” means a Registrar of Plant Varieties
appointed under sub-section (4) of section 12 and includes the Registrar General
of Plant Varieties appointed under sub-section (3) of that section;
(k)“Schedule" means a Schedule
annexed to these rules;
(l)
"section" means a section of the Act;
(m)
“representation” means any written communication
addressed to the Authority
or the Registrar in any proceeding under the Act;
(n)
all other words and expressions used, but not defined
in these rules, but defined in the Act, shall have the meanings respectively
assigned to them in the Act.
3.
Details of particulars to be furnished while making an application or
representation --
(1) Save in case of forms specified by the Authority
under the Act, every person making an application or representation under the
Act or these rules, shall furnish the particulars in the Forms specified
in the First Schedule;
(2) If any application or representation has been filed without
furnishing all the particulars as specified in the relevant Forms specified in
the First Schedule, the Authority or the Registrar, as the case may be, shall
give one month’s notice to the applicant or the person, who has filed the
application or the representation to file such particulars.
(3) In the event the applicant or the person, who has filed
the application or the representation, defaults or fails to rectify the
application or the representation, as the case may be, in terms of the notice
under sub rule (2) within one month as allowed, the said application or the
representation shall be liable to be rejected without any further notice.
(4) Where
no Form is specified for any purpose, the applicant may adopt as nearly as may
be a Form specified in the First Schedule with such modifications and variations
as may be considered necessary.
4.
Office
of the Authority -
(1) The office of the Authority shall, for all
proceedings under the Act, be the head office of the Authority at
(a)
the applicant for registration of the plant variety or
the farmers’ right has his principal place of business or domicile; or
(b)
the applicant for registration of the plant variety or
the farmers’ right, whose name is first mentioned in the application, resides
or has his principal place of business or domicile, if the application is made
jointly in the names of two or more persons; or
(c)
the agent or licensee of the registered breeder has his
principal place of business or domicile.
(2)
Notwithstanding anything contained in sub-rule (1),
until the branch offices are established, the appropriate office for all
proceedings under the Act shall be the head office of the Authority at
5. Address
for service of notices, etc.
(1)
Every person including the applicant, concerned in any
proceeding to which the Act or these rules apply, shall furnish to the Authority
or the Registrar the complete address for service in India and that address
shall be treated for all purposes connected with such proceedings or the rights
granted, as the address of the person or persons in the proceedings.
(2)
Unless such an address is given, the Authority or the
Registrar shall be under no obligation either to proceed or deal with any
proceeding or to send any notice that may be required to be given under the Act
or these rules.
6.
Procedure regarding application, representation and issue of notices
-
(1) Every application or representation shall be made in
writing, signed by the applicant or the person who has made the representation,
and delivered to the Registrar or the Authority at its office.
(2)
The names and addresses of the applicants and other
persons shall be given in full, together with their nationality and such other
particulars, as are necessary for their identification and for sending
communications to them.
(3) (a) All applications, representations and documents filed or required to be
filed
under the Act or the rules shall be filed in triplicate:
Provided that in cases where the Registrar
or the Authority requires more than
three copies of such applications, representations, or documents, the applicant
or the person, who has filed the application or the representation, shall be
required to supply as many copies as is specified by the Authority or the
Registrar.
(b) In case of failure to furnish the required number of copies within a
period of three months, the Registrar or the Authority may reject the
application or the representation or may treat the application or representation
as withdrawn.
(4) Any application, representation or document required to be
sent to or filed with the office of the Authority or the Registrar may be
delivered either by hand or by registered letter with acknowledgement due or
electronic mail, addressed to the Authority or to the Registrar at their office.
(5) If any application or a representation or document
is delivered to the Authority or the Registrar by hand, an acknowledgement
receipt shall be issued by the Authority or the Registrar’s office with
its seal.
(6) In case of delivery by registered post with
acknowledgement due or by electronic mail, it shall be presumed to have been
filed, or given at the time when the same has been received by the office
concerned.
(7) Any written communication addressed to an applicant or the
holder of any right under the Act, at his address in the Register of Plant
Varieties maintained under the Act or at the address for service furnished under
rule 5 in any proceedings under the Act or these rules, at the address appearing
on the application or notice of opposition or reply or counter reply or any such
representation, shall be presumed to be properly addressed :
Provided
that in cases where the receipt of such a representation or application has been
delayed beyond the normal period of delivery or transmission, such a delay may
be condoned.
(8) All notices and written communications addressed to an
applicant or to any holder of right, in any proceeding under the Act or these
rules, and all documents forwarded to the applicant or the holder of any right
or an opponent shall, except when they are sent by special messenger, be sent by
registered post acknowledgement due or by electronic mail.
(9) (a) The acknowledgement receipt issued by the
office concerned or the postal certificate receipt shall be the sufficient proof
as to the delivery or sending of any
document under the Act or these rules.
(b) In case of transmission by electronic mail, the electronic receipt
with the recognised digital signature, by the applicant or the person,
who has made the representation, shall be the proof of the receipt.
7.
Application not to be admitted in certain cases -
No application or representation shall be made to the authority or
registrar covering the subject-matter already included in an earlier application
made by the same person, and such subsequent application shall not be admitted
by the registrar or the authority, as the case may be.
8. Fees
-
(1) The amount of fees payable in respect of the registration
of plant varieties and grant of any right under the Act or any application or
notice of opposition or reply or counter reply required to be filed under the
Act and other matters shall be as per the rates specified in the Second
Schedule.
(2)
(a) The fees payable may either be paid in cash or may
be sent by money order or postal order or bank draft or cheque payable to the
Authority or the Registrar, as the case may be, at their respective offices,
drawn on a scheduled bank at the
place where the office is situated.
Explanation
: For the purposes of these
rules, “scheduled bank” means a bank included in the Second Schedule to the
Reserve Bank of India Act, 1934 (2 of 1934).
(b) Any cheque or
draft (not including the fees in cash) on which the
value specified therein cannot be collected in cash within the time
allowed for the payment of the fees, shall be accepted
at the discretion of the
Registrar.
(c) The stamps shall not be received in the payment of any
fees payable under these rules.
(d) Where a fee is payable in respect of the filing of a
document or application or representation, the date on which the entire fee is
paid shall be the date of filing of the document or the representation.
(3) Where any test is required to be conducted under
any of these rules, the applicant or the concerned person shall be required to
pay the requisite fee specified in the Second
Schedule.
(4) Any application or representation or document shall
be liable to be rejected on account of non-payment of fees and no test shall be
conducted unless and until the parties interested deposit the required amount of
fees as specified in the Second Schedule.
9.
Size, etc., of documents
-
All documents and copies of documents, except affidavits and drawings, sent to or left at the office of the Authority or otherwise furnished to the Registrar shall be written, typewritten, lithographed, or printed (either in the Hindi or in the English language unless otherwise directed or allowed by the Authority or the Registrar-General) in large and legible characters with deep indelible ink with lines widely spaced upon one side only of strong white paper of a size of approximately 33.00 centimetres by 20.50 centimetres (13 inches by 8 inches) or 29.7 centimetres by 21 centimetres (11 3/4 inches by 8 1/4 inches) with a margin of at least four centimetres (one and a half inches) on the left-hand part thereof.
10.
Affidavits
-
The affidavits required to be filed under these rules shall be dated and signed at the foot and shall contain a statement that the facts and matters stated therein are true to the best of the knowledge, information and belief of the person making the affidavit.