Protection of Plant Varieties and Farmers' Rights (Use of Denomination of Registered Variety) Rules, 2012.

y‘ar"‘‘ IWMQMFEENEEIEREBMMMWMMEMMMEEW @51th manque WW mvmauovum fiefinfimfifimml- (umefiqmermmm'memmememmemmeme' mfimml MINISTRY OFAGRICULTURE (Department of Agriculture and Cooperation) NOTIFICATION ' New Delhi, the 17th December, 2012 6.8.11. 903(E).—In exercise of the powers conferred by sub- section (1) of Section 685” with chase (inv) of sub-section (2) of Section 96 ofthe Protection of Plant Varieties and Farmer's Rights Act, 2001 (53 of2001), the Central Government hereby makes the following rules, namely:- 1. Short title and commencement.—(1) These rules may be called the Protection efPlant Varieties and F_armers' (2) They shall come into force on the date ofthe1r publication'in the official Gazette 2. Definitions.m-In these rules, uniess the context otherwise requires,- (i) “Act" means the Protection ofPlant Varieties and Farmers’ Rights Act, 2001 (53 of200 l ). (ii) Ail other words and expressions used in these rules but not defined, shall have the same meaning respec- tively assigned to them in the Act. 3. Use of deno-ination.—The use of a denomination in relation to a variety registered shall be construed as a reference to the use of printed or other visual representation ofthe denomination. 4. Indication of details of registretion.——The package or any other container, containing the seeds of a variety registered under the Act shall indicate the denomination and details of registration obtained under the Act. 5. Use ofthe denomination in relation to a registered variety.—‘-The use ofa denomination in relation to a variety registered shall be construed as a reference to the use ofthe denomination upon, or in any physical or in any other relation whatsoever, to such van'ety. 6. Manner ofusing the denomination in the container. -—(1) The denomination shall appear on each container of seed in a conspicuous place on the container in which the seed is packed and on every other covering in which that container is packed and shall be clear and legible (2) The application of a denomination of a registered variety within the meaning of subsection (2) and (3) of Section 68 of the Act shall also be construed as a use of denomination. 7. Useofdenomination by registered agent or registered licensee.—The use ofa denomination by registered agent or registered licensee shall be construed as use of denomination, where— (a) the said registered agent or registered licensee is connected in the course of the trade; (b) in respect ofwhich variety the denomination remains registewd for the time being; (c) he is registered as licensee or registered agent under the provisions ofthe Act; (d) he complies with the conditions and limitations to which the registration of a registered licensee or registered agent is subject. . 8. Use in India and use for export trade—( 1) Use ofa denomination ofa variety shall be construed as use in India only. ' (2) Applying a denomination in India to a variety to be exported from India shall constitute use of the denomination. ‘ Printed by the Manager, Govemment of India Press, Ring Road, Mayanuri, New Delhi-110064 a mfiWefifiufimfifiqW—(i)mmememmmmw' r;