CHAPTER V    

SURRENDER AND REVOCATION OF CERTIFICATE OF REGISTRATION AND RECTIFICATION AND CORRECTION OF REGISTER

50.      Surrender of certificate of registration under section 33 -  

The registered breeder may at any time, by giving notice to the Registrar offer to surrender his certificate of registration of plant variety in Form PV-12 of the First Schedule, under sub-section (1) of section 33.

51.       Procedure on application for surrender of certificate of registration under section 33  -  

           (1) The Registrar shall give notice in Form O-7 of the Third Schedule, every notice of offer made under rule 50 to the registered agent or the licensee relating to such certificate.       

   (2) (a) Any person who has been given a notice of surrender of certificate of registration under sub-rule (1), who intends to oppose the    surrender, shall within three month of the receipt of such notice, give notice of opposition to the Registrar in Form PV-13 of the First Schedule, and shall send therewith a written statement setting out the nature of the opponents’ interest, the facts relied upon along with the notice of opposition.

        (b) The Registrar shall thereupon serve the notice of opposition along with the written statement received by him to the applicant.  

            (3) If the applicant desires to contest the opposition, he shall file or leave at the appropriate office a reply statement setting out fully the grounds upon which the opposition is contested, within a period of three month from the date of receipt of the copy of the written statement by him under sub-rule (2) and deliver to the opponent a copy thereof. 

(4)  The applicant or any person to whom a notice under sub-rule (1) has been issued may, make an application to the Registrar in Form PV-14 of the First Schedule, for seeking an opportunity of being heard.

(5)  On receipt of an application, under sub-rule(4), the Registrar may fix the time and place of hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of their case.

(6)   The Registrar may accept or refuse the application or accept it subject to any condition, amendments, modifications or limitations and shall, accordingly, inform the parties in writing.

(7)   If the Registrar accepts the registered breeder’s offer of surrender of the plant variety, he shall by order direct the registered breeder to return the certificate of registration and on receipt of such certificate, the Registrar shall, by order, notify the surrender in the Official Gazette.

52.       Application for revocation of protection granted to a breeder under section 34  -

                        Any person may make an application to the Authority in Form PV-15 of the First Schedule, for revocation of protection granted to a breeder in respect of a variety on any of the grounds laid down under clauses (a) to (h) of section 34.

53.       Procedure on application for revocation under rule 52  -

(1) The Authority shall issue notice in Form O-8 of the Third Schedule, to the registered breeder of any application received by it under rule 52.

(2) (a) In case the registered breeder intends to oppose the application for revocation of protection, he shall, within three months from the date of receipt of such notice, give notice of opposition to the Authority in Form PV-16 of the First Schedule, and shall send therewith a written statement, setting out the facts upon which he bases his case and the relief sought.

    (b) The Registrar shall serve the notice of opposition along with the written statement received by him to the applicant.

(3)   If the applicant desires to contest the opposition, he shall file or leave at the appropriate office, a reply setting out the grounds upon which the  opposition is contested, within a period of three months from the date of receipt of the copy of the written statement by him under sub-rule (2) and deliver to the opponent a copy thereof. 

(4)   (a) The applicant and the registered breeder may make an application to the Registrar in Form PV-17 of the First Schedule, seeking an opportunity of being heard.

(b) The Registrar may, on receipt of such application, fix such time and place for hearing and issue notice to the parties accordingly and the interested parties may appear and give or file evidence in support of his case.

(c) The Registrar may, accept or refuse the application or accept it subject to any condition, amendments, modifications or limitations and shall, accordingly inform the parties in writing.

(5) If the Authority accepts the application for revocation of the plant variety, it may direct, by order, the registered breeder to return the certificate of registration and on receipt of such a certificate, the Registrar shall by order notify the revocation of the plant variety in the Official Gazette.

54.       Payment of annual fee for retention of registration under section 35  -

The registered breeder, agent and licensee shall pay an annual fee for retention of registration at such rate as specified for the purpose in column (3) of the Second Schedule. 

55.      Application for cancellation or change of certificate of registration under section 36  -

(1)        Any person may make an application for changing the certificate of registration on the grounds laid down under sub-section (1) of section 36 to the Registrar.

(2)        Every application under sub-rule (1) shall be made in Form PV-18 of the First Schedule and shall be accompanied by a statement of the grounds on which it is made.

56.   Procedure on application for cancellation or change of certificate of registration under section 36  -

                    The Registrar may accept or refuse the application or accept it subject to any condition, amendment, modification or limitation as he may think fit to impose and shall inform the concerned parties in writing accordingly :

                   Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection.

57.       Application to rectify the register under section 36  -

Any person may make an application to the Registrar, in Form PV-19 of the First Schedule, stating the grounds on which it is made, for making, expunging or varying the entry on the grounds laid down under sub -section (2) of section 36.

58.       Procedure on application to rectify the Register under rule 57  -

The Registrar may accept or refuse the application for making, expunging or varying the entry or accept it subject to any condition, amendment, modification or limitation as he may think fit to impose and shall inform the concerned parties in writing accordingly :

                    Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection.

59.       Cancellation or change of registration or rectification of the Register by the Registrar under section 36  -

            (1) The Registrar while exercising the powers under sub-section (4) of section 36 to cancel the registration, may make changes to the registration, or in case of rectification of the register, shall give notice in Form O-9 of the Third Schedule to the registered breeder, agent or licensee, if any, and to any other person who appears to the Registrar to have any interest in the plant variety, and shall state the grounds on which the Registrar intends to take any action.

            (2) If any person who has been given a notice under sub-rule (1) intends to oppose the action of the Registrar, he shall within three month from the date of the receipt of such notice, give the notice of opposition to the Registrar in Form PV-20 of the First Schedule, and shall send therewith a written statement setting out the facts upon which he bases his case and the relief sought for.

            (3) The Registrar after hearing the person to whom a notice under sub-rule (1) has been given may pass such order as he may think fit and shall, accordingly, inform the parties in writing.

60.      Application for correction of Register by the registered breeder under  section 37  -

An application for correction of the Register may be made by the registered breeder of the plant variety to the Registrar under sub-section (1) of section 37 in Form PV-21 of the First Schedule, for making any change as laid down in clauses (a) to (c) of sub-section (1) of that section.

61.       Procedure on application for correction of the Register under rule 60  -

       The Registrar may accept or refuse the application made under rule 60 for correction of register or accept it subject to any condition, amendments, modifications or limitations as he may think fit and shall, accordingly, inform the parties in writing.

62.       Application for correction of the Register by the registered agent or licensee under section 37  -

An application for correction of the Register may also be made by the registered agent or the licensee to the Registrar under sub-section (2) of section 37 in Form PV-22 of the First Schedule on the grounds laid down in sub-section (2) of that section.

63.       Procedure on application for correction of the Register under rule 62  -

            (1) The Registrar shall issue notice of every application under rule 62 in Form O -10 of the Third Schedule, to the registered breeder.

            (2) The Registrar may accept or refuse the application or accept it subject to any condition, amendment, modification or limitation he may think fit and shall, accordingly, inform the parties in writing, provided that tests referred to in sub-section (3) of section 23 shall be conducted by the Authority in consultation with the Central Government :

                    Provided that no application shall be rejected unless the applicant has been given a reasonable opportunity to make a representation against such rejection.

64.       Alteration of denomination of a registered variety under section 38  -

(1)   An application, to delete any part or to add or to alter the denomination of a registered variety, under sub-section (1) of section 38, shall be made by the breeder to the Registrar in Form PV-23 of the First Schedule.  

(2)     The Registrar may determine whether and subject to what conditions, if any, the amendments shall be allowed.  

(3)     (a) The Registrar shall advertise the application for alteration in denomination in the Gazette or a journal or a daily newspaper and shall also advertise the nature of the proposed alteration in the denomination therein.  

(b) The Registrar shall issue notice to all the persons, who, in his opinion, may have an interest in the matter.  

65.              Procedure on application for alteration of denomination under rule 64 -  

(1)   Any interested person may, within three months from the date of advertisement of an application for alteration in denomination of a registered variety, under sub-section (2) of section 38, give a notice of opposition to the proposed change in denomination of a registered variety in Form PV -24 of the First Schedule.  

(2)   The Registrar shall serve a notice to the breeder about the opposition received for the proposed change in denomination and shall give an opportunity to both the parties of being heard, if so desired, before deciding the matter.  

(3) In the event of leave being granted for alteration of denomination, the denomination as so altered shall be advertised in Gazette or a journal or a daily newspaper in Form O-11 of the Third Schedule.