law: The Protection of Plant Varieties and Farmers' Rights Act, 2001
  48. When requirement
  
  of public deemed to have not been satisfied.-
  In determining the
  
  question as to whether the reasonable requirements of the public for seeds of a
  
  variety or its propagating material as Authority shall take into account-
  
  referred to in sub-section (1) or sub-section (3) f section 47, the
   
  
   i.  
  
    the
  
  nature of the variety, the time which has elapsed since the grant of the
  
  certificate of registration of the variety, price of the seed of the variety
  
  and the measures taken by the breeder or any registered licensee of the variety
  
  to meet the requirement of the public; and
   
  
   ii.  
  
    the
  
  capacity, ability and technical competence of the applicant to produce and
  
  market the variety to meet the requirement of the public.