law: The Protection of Plant Varieties and Farmers' Rights Act, 2001
  28. Registration to
  
  confer right.-
  1.  Subject
  
  to the other provisions of this Act, a certificate of registration for a
  
  variety issued under this Act shall confer an exclusive right on the breeder or
  
  his successor, his agent or licensee, to produce, sell, market, distribute,
  
  import or export the variety: Provided that in the case of an extant variety,
  
  unless a breeder or his successor establishes his right, the Central
  
  Government, and in cases where such extant variety is notified for a State or
  
  for any area thereof under section 5 of the Seeds Act, 196 (54 of 1966) the
  
  State Government, shall be deemed to be the owner of such right.
  2.  A
  
  breeder may authorise any person to produce, sell, market or otherwise deal
  
  with variety registered under this Act subject to such limitations and
  
  conditions as may be specified in the regulations.
  3.  Every
  
  authorisation under this section shall be in such form as may be specified by
  
  regulations.
  4.  Where
  
  an agent or a licensee referred to in sub-section (1) becomes entitled to
  
  produce, sell, market, distribute, import or export a variety, he shall apply
  
  in the prescribed manner and with the prescribed fees to the Registrar to
  
  register his title and the Registrar shall, on receipt of application and on
  
  proof of title to his satisfaction, register him as an agent or a licensee, as
  
  the case may be, in respect of the variety for which he is entitled for such
  
  right, and shall cause particulars of such entitlement and conditions or
  
  restrictions, if any, subject to which such entitlement is made, to be entered
  
  in the register: Provided that when the validity of such entitlement is in
  
  dispute between the parities, the Registrar may refuse to register the
  
  entitlement and refer the matter in the prescribed manner to the Authority and
  
  withhold the registration of such entitlement until the right of the parties in
  
  dispute so referred to has been determined by the Authority.
  5. The
  
  Registrar shall issue a certificate of registration under sub-section (4) to
  
  the applicant after such registration and shall enter in the certificate the
  
  brief conditions of entitlement, if any, in the prescribed manner, and such
  
  certificate shall be the conclusive proof of such entitlement and the
  
  conditions or restrictions thereof, if any.
  6. 
  
    Subject
  
  to any agreement subsisting between the parties, an agent or licensee of a
  
  right to a variety registered under sub-section (4) shall be entitled to call
  
  upon the breeder or his successor thereof to take proceedings to prevent
  
  infringement the be of, and if the breeder or his successor refuses or neglects
  
  to do so within three months after being so called upon, such registered agent
  
  or licensee may institute proceedings for infringement in his own name as if he
  
  were the breeder, making the breed r or his successor a defendant.
  7. 
  
    Notwithstanding
  
  anything contained in any other law, a breeder or his successor so added as
  
  defendant shall not be liable for any costs unless he enters an appearance and
  
  takes part in the proceedings.
  8. 
  
    Nothing
  
  in this section shall confer on a registered agent or registered licensee of a
  
  variety any right to transfer such right further thereof.
  9. 
  
    Without
  
  prejudice to the registration under sub-section (4), the terms of registration-
  
  
  a.   may be varied by the
  
  Registrar as regards the variety in respect of which, or any condition or
  
  restriction subject to which, it has effect on receipt of an application in the
  
  prescribed manner of the registered breeder of such variety or his successor s;
  
  
  b.   may be cancelled by
  
  the Registrar on the application in the prescribed manner of the registered
  
  breeder of such variety or his successor or of the registered agent or
  
  registered licensee of such variety;
  c.   may be cancelled by
  
  the Registrar on the application in the prescribed manner of any person other
  
  than the breeder, his successor, the registered agent or the registered
  
  licensee on any of the following grounds, namely:-
   
  
   i.  
  
    that
  
  the breeder of a variety or his successor or the registered agent or registered
  
  licensee of such variety, misrepresented, or failed to disclose, some fact
  
  material to the application for registration under sub-section (4) which if
  
  accurately represented or disclosed would have justified the refusal of the
  
  application for registration of the registered agent or registered licensee;
   
  
   ii.  
  
    that
  
  the registration ought not to have been effected having regard to the right
  
  vested in the applicant by virtue of a contract in the performance of which he
  
  is interested;
  a.  
  
  
  b.  
  
  
  c.  
  
  
  d.   may be cancelled by
  
  the Registrar on the application in the prescribed manner of the breeder of a
  
  registered variety, or his successor on the ground that any stipulation in the
  
  agreement between the registered agent or the registered licensee, as the case
  
  may be, and such breeder or his successor regarding the variety for which such
  
  agent or licensee is registered is not being enforced or is not being complied
  
  with;
  e.   may be cancelled by
  
  the Registrar on the application of any person in the prescribed manner on the
  
  ground that the variety relating to the registration is no longer existing.
  1.  
  2.  
  3.  
  4.  
  5. 
  
  
  6. 
  
  
  7. 
  
  
  8. 
  
  
  9. 
  
  
  10. 
  
    The
  
  Registrar shall issue notice in the prescribed manner of every application
  
  under this section to the registered breeder of a variety or his successor and
  
  to each registered agent or registered licensee (not being the applicant) of
  
  such variety.
  11. 
  
    The
  
  Registrar shall, before making any order under sub-section (9), forward the
  
  application made in that behalf along with any objection received by any party
  
  after notice under sub-section (10) for the consideration of the Authority, and
  
  the Authority may, after making such inquiry as it thinks fit, issue such
  
  directions to the Registrar as it thinks fit and the Registrar shall dispose of
  
  the application in accordance with such directions.