law: The Protection of Plant Varieties and Farmers' Rights Act, 2001
  26. Determination of
  
  benefit sharing by Authority.-
  1.  On
  
  receipt of copy of the certificate of registration under sub-section (8) of
  
  section 23 or sub-section (2) of section 24, the Authority shall publish such
  
  contents of the certificate and invite claims of benefit sharing to the variety
  
  registered under such certificate in the manner as may be prescribed.
  2.  On
  
  invitation of the claims under sub-section (1), any person or group of persons
  
  or firm or governmental or non-governmental organisation shall submit its claim
  
  of benefit sharing to such variety in the prescribed form within such period,
  
  and accompanied with such fee, as may be prescribed: Provided that such claim
  
  shall only be submitted by any-
   
  
   i.  
  
    person
  
  or group of persons, if such person or every person constituting such group is
  
  a citizen of India; or
   
  
  
  
   ii.  
  
    firm
  
  or governmental or non-governmental organisation, if such firm or organisation
  
  is formed or established in India.
  1.  
  2.  
  3.  On
  
  receiving a claim under sub-section (2), the Authority shall send a copy of
  
  such claim to the breeder of the variety registered under such certificate and
  
  the breeder may, on receipt of such copy, submit his opposition to such claim
  
  within such period and in such manner as may be prescribed.
  4.    The
  
  Authority shall, after giving an opportunity of being heard to the parties,
  
  dispose of the claim received under sub-section (2).
  5. While
  
  disposing of the claim under sub-section (4), the Authority shall explicitly
  
  indicate in its order the amount of the benefit sharing, if any, for which the
  
  claimant shall be entitled and shall take into consideration the following
  
  matters, namely:-
  a.   the extant and nature
  
  of the use of genetic material of the claimant in the development of the
  
  variety relating to which the benefit sharing has been claimed;
  b.   the commercial
  
  utility and demand in the market of the variety relating to which the benefit
  
  sharing has been claimed.
  1.  
  2.  
  3.  
  4.  
  5. 
  
  
  6. 
  
    The
  
  amount of benefit sharing to a variety determined under this section shall be
  
  deposited by the breeder of such variety in the manner referred to in clause
  
  (a) of sub-section (1) of section 45 in the National Gene Fund.
  7. 
  
    The
  
  amount of benefit sharing determined under this section shall, on a reference
  
  made by the Authority in the prescribed manner, be recoverable as an arrear of
  
  land revenue by the District Magistrate within whose local limits of
  
  jurisdiction the breeder liable for such benefit sharing resides.