CHAPTER III
24.
Registration of Extant Plant Varieties under sub-section (2) of section
15 -
(1)
The Registrar shall register every extant variety within three
years from the date of its notification under the Act, with respect to the
genera and species eligible for registration subject to conformity to the
criteria of distinctiveness, uniformity, and stability as laid down under the
regulations:
Provided that
the Registrar may, for reasons to be recorded in writing, register an extant
variety after the expiry of the said period of three years.
25. Application to authorize a person to register a variety under clause (e) of sub-section (1) of section 16
An application to authorize a person to register a variety
under clause (e) of sub-section (1) of section 16 shall be made in Form
PV-1, given in the First Schedule, by
a person specified in sub-section (1) of that section.
26.
The fee payable under clause
(g) of sub-section (1) of section 18 for making application for registration of
plant variety -
The
fee for making application for registration of a plant variety under section 14
shall be such as specified in column (3) of the Second
Schedule for the purpose.
27.
Proof of the right of making application under sub-section (3) of section
18 -
(1) Where an application for registration is made by the
successor or assignee of the breeder under sub-section (3) of section 18, he
shall furnish documentary proof, at the time of making such application or
within six months of making such an application, as to the right to make such an
application for registration.
(2) The documentary proof, in case of an assignment, shall be
furnished in the manner specified in Form
PV - 2, given in the First Schedule and
in case of succession, or a succession certificate or any other document in
support of succession proving the
applicant to be the successor shall be furnished.
28.
Fee for conducting tests under section 19
-
The applicant
shall deposit the requisite fee for the purpose
as specified in column (3) of the Second
Schedule, with the Registrar for conducting the required tests under section
19.
29.
Manner and method for conducting tests under section 19
-
(1)
(a) The Authority shall charge separate fees for
conducting DUS test and special test on each variety.
(b)
The special tests shall be conducted only when DUS
testing fails to establish the requirement of distinctiveness.
(c)
The DUS testing shall be field and multi-location based
for at least two crop seasons and special tests be laboratory based.
(d)
The fee for DUS and special tests shall be such as
provided in column (3) of
the Second Schedule for the purpose.
(2)
If the Registrar, after initial scrutiny of the
application for registration, is satisfied that the application is in order, he
shall notify the applicant to deposit the requisite fee, as specified in column
(3) of the Second Schedule, within a
period of two months for conducting the DUS test.
(3)
On receipt of the fee, demanded under sub-rule (1), the
Registrar shall consider the application for further processing.
(4)
The DUS test
shall be necessary for all new varieties except essentially derived variety.
(5)
The manner of testing essentially derived varieties
shall be decided by the Authority on a case-to-case basis.
(6)
The DUS test shall be conducted on a minimum of two
locations.
(7)
The Authority may recognize and empanel institutions
having adequate facilities for conducting DUS or special tests in the country
for conducting such tests.
(8)
The Authority shall notify the adopted methods of
conducting the DUS and special tests.
(9)
The Authority shall develop
and publish in its journal guidelines for the DUS test for each crop.
(10)
The samples of seeds or propagules in respect of which
an application for registration has been made and parental lines under
registration submitted for the DUS and special tests and deposited at the
National Gene Bank shall present the maintainable standards of genetic purity,
and uniformity and germination, sanitary and phytosanitary standards.
30.
Advertising of application for registration under section 21 -
(1)
Every application for registration of a variety which
has been accepted and the details thereof including specifications shall, upon
such acceptance under sub-section (1) of section 20, be advertised by the
Registrar in the manner specified in Form
– 0-1 of the Third Schedule.
(2)
In every such advertisement under sub-rule (1), the
Registrar shall mention the place or places where a specimen of the variety may
be inspected.
(3)
The contents of such advertisement shall include
-
(a)
name, passport data and source of parental line or
initial variety used to develop the variety in respect of which an application
for registration has been made ;
(b)
description of the variety bringing out its character
profile as specified under the DUS test Schedule ;
(c)
essential characteristics conferring distinctiveness to
the variety ;
(d)
important agronomic and commercial attributes of the
variety ;
(e)
photographs or drawings, if any, of the variety
submitted by the applicant; and
(f) claim, if any, on the variety.
31.
Notice of opposition under sub-section (2) of section 21
-
(1) Any
interested person, may within three months from the date of advertisement of an
application for registration, may give a notice of opposition to the
registration of a plant variety in Form
PV-3 of the First Schedule.
(2)
The fee payable for filing an opposition referred to in sub-rule
(1) shall be as specified in column (3) of the Second Schedule :
Provided
that no such fee shall be payable in respect of an opposition made by a farmer
or group of farmers, or village community.
(3) A copy each of the notice of opposition received against a specific application shall be referred to the applicant by the Registrar within three months from the last date of filing of opposition.
(4) An applicant shall be entitled to submit point-wise counter statement to the opposition not later than two months from the date of service of the copy of the notice of opposition, failing which the Registrar shall decide the merits of the opposition and notify his decision by giving reasons therefor.
(5) Every counter-statement
under sub-rule (4) shall be in Form PV-4
of the First Schedule.
(6) The
copies of counter to opposition submitted by the applicant within
the time specified in sub-rule(4) , shall be conveyed to the person
opposing the application, within a
period of thirty days of its receipt, requiring the opposing person to submit
the final opposition within a period of thirty days from the date of service of
the counter from the applicant.
(7) The Registrar, may at his discretion, allow any correction of error or amendments in the notice of opposition or counter statement if such alteration is requested by the persons concerned in writing.
(8) (a) The security referred to in sub-section (8) of section 21 shall be payable as an amount decided by the Authority.
(b) In case the opposition is found to be frivolous, the Registrar may direct payment of cost as determined by him to the applicant from out of the security amount received and the balance of the security amount shall be deposited in the Authority.
(c) In case the opposition
succeeds, the security amount shall be refunded
to the opposition party.
32.
Compliance with Time Schedule -
(1)
The time schedule provided for advertisement, opposition, defence, hearing and
amendment of specification under these rules shall not be extended and failure
in compliance with these time schedules shall forfeit the opportunity granted.
33.
Manner of
submitting evidence and time limit for filing notice of opposition,
counter-statement or producing evidences under section 21
-
(1)
Any evidence, upon which the opponent may rely, shall
be submitted in duplicate to the Registrar with a copy to the applicant within
one month from the receipt of counter-statement of the applicant.
(2)
Any evidence upon which the applicant may rely shall be
submitted in duplicate to the Registrar with a copy to the opponent within
thirty days from the date of receipt of opponent’s evidence.
(3)
No further evidence shall be submitted by either party
except by leave or directions of the Registrar.
(4)
The copies of all the documents, except plant variety
application, referred to in the notice of opposition or in any
counter-statement filed in connection with the opposition shall be in
triplicate unless the Registrar directs otherwise.
(5)
Where a document, is in a language other than English, and is referred to or
relied upon in the notice, statement or evidence, an attested translation in
English thereof shall be furnished in triplicate.
(6)
The time-limit for filing the evidence shall not ordinarily be extended except
by a special order of the Registrar given on an application filed by the person
seeking extension of time and on payment of the fee specified in the Second
Schedule and such an application for extension shall be in Form-
PV 5 of the First Schedule.
34.
Application for the registration of essentially derived variety under
section 23 -
(1) The
application for registration of an essentially derived variety shall be
accompanied by the following documents, namely :
(a)
an affidavit sworn by the applicant stating that such a
variety does not contain any gene or gene sequence involving terminator
technology ;
(b)
a statement giving details of the brief description of
the characteristics of the variety to substantiate novelty, distinctiveness,
uniformity and stability; and
(c)
the details of parental material used.
(2) The application under sub-rule (1) shall be accompanied by the fee as
specified for the purpose in column (3) of the Second
Schedule.
35.
Manner and method for conducting test under section 23
-
The tests referred to in sub-section (3) of section 23 shall be conducted
by the Authority in consultation with the Central Government.
36. Certificate
of registration under section 23 -
The Registrar shall issue to the applicant a certificate of registration of an essentially derived variety in the manner specified in Form O-2 of the Third Schedule and send a copy of the registration to the Authority and to such other body (ies) as may be notified by the Central Government for information.