law: The Protection of Plant Varieties and Farmers' Rights Act, 2001
  76. Procedure
  
  invalidity of registration is pleaded by the accused.-
  1.  Where
  
  the offence charged under this Act is in relation to a variety or its
  
  propagating material or essentially derived variety or its propagating material
  
  registered under this Act and the accused pleads that the registration of such
  
  variety or its propagating material or essentially derived variety or its
  
  propagating material, as the case may be, is invalid and the court is satisfied
  
  that such offence is prima facie not tenable, t shall not proceed with the
  
  charge but shall adjourn the proceedings for three months from the date on
  
  which the plea of the accused is recorded to enable the accused to file an
  
  application before the Registrar under this Act for the rectification of the
  
  Register on the ground that the registration is invalid.
  2.  If
  
  the accused proves to the court that he has made such application within the
  
  time so limited or within such further time as the court for sufficient cause
  
  allow, the further proceedings in the prosecution shall stand stayed till the
  
  disposal of such application for rectification.
  3.  If
  
  within a period of three months or within such extended time as may be allowed
  
  by the court, the accused fails to apply to the Registrar for rectification of
  
  the Register, the court shall proceed with the case as if the registration were
  
  invalid.
  4.  Where
  
  before institution of a complaint of an offence referred to in sub-section (1),
  
  any application for the rectification of the Register concerning the
  
  registration of the variety or its propagating material or essentially derived
  
  variety or its propagating material, as the case may be, in question on the
  
  ground of invalidity of such registration has already been properly made to and
  
  is pending before the Registrar, the court shall stay the further proceedings
  
  in the prosecution pending the disposal of the application aforesaid and shall
  
  determine the charge against the accused in conformity with the result of the
  
  application for rectification.