Protection of Plant Varieties and Farmers’ Rights (Amendment) Rules, 2015.

EXTRAORDINARY PUBLISHED BY AUTHORITY No. 394] NEW DELHI, TUESDAY, JUNE 16, 2015/JYAISTHA 26, 1937 MINISTRY OF AGRICULTURE (Department of Agriculture and Co-Operation) NOTIFICATION New Delhi, the 15th June, 2015 G.S.R. 494(E).—In exercise of the powers conferred by Section 96 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001), the Central Government hereby makes the following rules further to amend the Protection of Plant Varieties and Farmers’ Rights Rules, 2003, namely:- 1. Short title and commencement.–(1) These Rules may be called the Protection of Plant Varieties and Farmers’ Rights (Amendment) Rules, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Protection of Plant Varieties and Farmers Rights Rules, 2003 (herein after referred to as the principal rules), in rule 8, for sub- rule (1), the following sub- rule shall be substituted, namely:- “(1) The amount of fees payable in respect of the registration of plant varieties and grant of any right under the Act or any application or any document to be filed under the Act or the rules made thereunder shall be as per the rates specified in the Second Schedule. ”. 3. In the principal rules, in rule 16, in sub - rule (7), after the word “five”, the words “excluding Chairperson and Registrar - General” shall be inserted. 4. In the principal rules, in rule 19, sub-rule (5) shall be omitted. 5. In the principal rules, in rule 20,- (a) in sub-rule (2), the words “by the method of direct recruitment or contract by selection after conducting interview.” shall be omitted. (b) for sub-rule (3), the following sub-rule shall be substituted, namely:- “(3) Notwithstanding anything contained in sub rule (1), the Authority may also appoint such other officers and employees as may be required by it on deputation or on contract basis with the prior approval of the Central Government.”. 6. In the principal rules, in rule 22,- (a) for sub-rule (2), the following sub-rule shall be substituted, namely:- “(2) The Authority shall register extant varieties under clause (a) of sub-section (2) of section 8 of such genera or species and within such period as may be determined by it and the suitable test criteria to conform distinctiveness, uniformity and stability (hereinafter referred to as DUS) of such genera or species shall be specified in the Plant Variety Journal of India.”. (b) after sub-rule (2), the following sub-rule shall be inserted, namely:- “(2A) The Authority shall register extant varieties (other than farmers variety), if at the date of filing of the application for registration, such variety has not been sold or otherwise disposed of for the purposes of exploitation of such variety for a period of eighteen years in case of trees and vines and fifteen years in other cases.”. 7. In the principal rules, rule 24 shall be omitted. 8. In the principal rules, in rule 29, - (a) for sub- rule (4), the following sub-rules shall be substituted, namely:- “(4) The DUS test shall be necessary for all new and extant varieties except essentially derived varieties and for varieties notified under section 5 of the Seeds Act, 1966 (54 of 1966). 4(A) The DUS criteria shall be determined based on report of the All India Coordinated Research Project trials. ”. (b) sub-rule (5) shall be omitted. 9. In the principal rules, in rule 30, for sub-rule (2), the following sub-rule shall be substituted, namely:- “(2) Before sending a variety for DUS testing, the Registrar shall publish in the Journal for the purposes of inspection by any person, the name and location of the DUS test centre where such variety will undergo the DUS testing.”. 10. In the principal rules, in rule 31, in sub-rule (4), the words “failing which the Registrar shall decide the merits of the opposition and notify his decision by giving reasons therefore” shall be omitted. 11. In the principal rules, for rule 32, the following rule shall be substituted, namely:- “32. Compliance with time schedule.– The time schedule provided under these rules for notice of opposition, final opposition, evidence, intervention, written statement and reply shall not ordinarily be extended except by special order of the Authority or Registrar given on an application filed by the person seeking extension of time and on payment of the fee specified in the Second Schedule and such an application for extension shall be in Form PV-5 of the First Schedule.”. 12. In the principal rules, in rule 33:- (a) In the marginal heading, the words “evidence and time limit for filing notice of opposition, counter – statement “shall be omitted; (b) sub-rule (6) shall be omitted. 13. In the principal rules, for rule 35, the following shall be substituted, namely:- “35. The manner of testing essentially derived varieties shall be decided by the Authority on a case-to-case basis and the same shall be published in the Plant Variety Journal of India.”. 14. In the principal rules, in rule 53,- (a) In sub - rule (4), in clause (a), clause (b) and clause (c), for the word “Registrar” the word “Authority” shall respectively be substituted; (b) in sub-rule (5) for the words “Official Gazette” the words “Journal” shall be substituted. 15. In the principal rules, in rule 76, for the marginal heading, the following shall be substituted, namely:- “ 76. Manner of issuing certified copy under section 83 and fee payable for obtaining a certified copy for inspection under section 84”. 16. In the principal rules, in the First Schedule,- (a) for Form PV-5, of the following Form shall be substituted, namely:- “FORM PV- 5 [See rule 32] THE PROTECTION OF PLANT VARIETIES AND FARMERS' RIGHTS ACT, 2001 REQUEST FOR EXTENSION OF TIME I/We ……………………………………………………….. hereby request for extension of time for .......................... months under rule 32 for filing……………………………………. In respect of application No .......................... . The reason for making this application is/are follows:- My / address for service in India is as follows:- Dated this .......................... day of .......................... 20 ....... . Signature To The Authority The Plant Varieties Registry At ........................ . 1. Insert the Name (in full), address and nationality of the Applicant. 2. To be signed by the Applicant(s).”; (b) For Form PV-15, the following form shall be substituted, namely:- “FORM PV - 15 (See rule 52) THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 APPLICATION FOR REVOCATION OF THE CERTIFICATE OF REGISTRATION OF THE PLANT VARIETY REGISTERED UNDER THIS ACT BY ANY PERSON In the matter of plant variety ……………… of crop ………………, having registration No……….. registered in the name of ………………………. Application of hereby made by ………………..being the …………………… of the abovementioned registered plant variety for revocation of the certificate on one of the following grounds and in circumstances that are stand fully in the accompanying statement: • that the grant of certificate of registration has been based on incorrect information furnished by the applicant. • that the certificate of registration has been granted to a person who is not eligible for protection under this Act. • that the breeder did not provide the Registrar with such information, documents or materials as required for registration under this Act. • that the breeder has failed to provide an alternative denomination of the variety which is subject-matter of the registration to the Registrar in case where the earlier denomination of such variety provided to the Registrar is not permissible for registration under this Act. • that the breeder did not provide the necessary seeds or propagating material to the person to whom compulsory license has been issued under section 47 regarding the variety in respect of which registration certificate has been issued to such breeder. • that the breeder has not complied with the provisions of this Act or rules or regulations made there under. • that the breeder has failed to comply with the direction of the Authority issued under this Act. • that the grant of certificate of registration is not in the public interest. All the communications relating to this application may be sent at the following address:- Signature To The Authority The Plant Varieties Authority Registry At 1. Insert the name of the applicant. 2. Nature of relationship of the applicant with the registered plaint variety. 3. Address of the applicant. 4. Signature of the applicant or his agent. 5. State the name of the place of the appropriate office of the Plant Varieties Registry.”; (c) for Form PV-16, the following Form shall be substituted “FORM PV-16 [See rule 53(2)] THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 NOTICE OF OPPOSITION TO OPPOSE THE REVOCATION OF CERTIFICATE OF REGISTRATION OF PLANT VARIETY In the matter of application for revocation of certificate of registration by ……………. I/We ………………. who is the registered breeder, hereby give notice of my intention to oppose the revocation of certificate, of plant variety……………….., of crop…………………., having registration No………………notice of which was received by me, dated the …………….day of…………….20……………….. sent by the Registrar of plant variety. The written statement stating the facts and grounds of opposition are as follows:- All the communications in relation to these proceedings may be sent to the following address in India:- Signature To The Authority The Office of the Plant Variety Registry At 1. Name of the person making an application for revocation of plant variety. 2. Name of the registered breeder. 3. Written statement setting out the nature of the opponent’s interest, the facts upon which he bases his case and the relief, which he seeks. The opponent may furnish any documents upon which the opponent relies on as annexure to this notice of opposition. 4. Name and address of his principal of business or residence. 5. Signature of the person making this application for opposition or is agent. 6. State the name of the place of the appropriate office of the plant variety registry.”; (d) For Form PV-17, the following shall be substituted, namely:- “FORM PV-17 [See rule 53(4)] THE PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT, 2001 APPLICATION FOR AN OPPORTUNITY OF BEING HEARD In the matter of the application made under Section ………… dated…………… day of ………….20…………………..I ……………………the applicant or the opponent hereby making an application to the Registrar to provide an opportunity of being heard in reference to the above matter. It is requested that the time and place of the hearing by kindly intimated to me in the following address:- Signature To The Authority The Office of the Plant Varieties Registry At 1. Insert particulars such as section No., Form No. and also the name of the applicant making an application for revocation. 2. Name of the person making this notice. 3. Address of the person giving this notice. 4. Signature of person giving the notice or of his agent. 5. State the name of the place of the appropriate office of the Plant Variety Registry. 6. Strike out whichever is not necessary.”. 17. In the principal rules, for the Second Schedule, the following Schedule shall be substituted, namely:-- “SECOND SCHEDULE (See rule 8) FEE Sl. No. Fee payable on matters Amount of fee Form number 1. Conducting tests 1) Depend on the nature and type of test subject to a maximum of Rs.2,00,000/- per entry 2) For On-farm DUS testing, fee shall depend on the location of DUS test sites subject to a maximum of four times of the fee specified for item (1) 2. Notice of opposition Rs.10,000/- PV3 PV4 4. Extension of time Rs.5,000 /-per month. PV5 5. Fees for registration of essentially derived varieties 6. Fees for registration of extant variety as notified under section 5 of the Seeds Act, 1966 (54 of Rs.2,000/- ____ 7. Fees for registration of any variety of the genera and species other than extant varieties and farmers’ varieties as specified in clause (a) of section 14 read with sub-section (2) of section 29 of the Act. 8. Fees for registration of a variety about which there is common knowledge i.e., the extant variety as specified under clause (j)(iii) of section 2 of the Act. 9. Renewal fee Individual - Rs. 7,000/- Educational- Rs 10,000/- Commercial - Rs. 80,000/- Per year PV6 10. Application for benefit sharing Rs.10,000/- PV7 11. Notice of opposition for benefit sharing 12. Application for registering as 13. Application for variation/ cancellation of the terms of registration Educational –Rs.5,000/- PV10 14. Notice of opposition to application for variation/ cancellation of terms of registration 15. Application of surrender of certificate of registration of plant variety 16. Notice of opposition for offer to surrender the certificate 17. Application to revoke certificate of registration 18. Notice of opposition to application to revoke certificate of registration 19. Application for cancellation or change of the certificate of registration of a plant variety 20. Application for correction in National Plant Variety Register 21. Notice of opposition for application for correction in National Plant Variety Register 22. Application for correction in National Plant Variety Register 23. Application for correction in National Plant Variety Register by registered agent or licensee 24. Application to alter denomination of a registered plant variety 25. Notice of opposition to application to alter denomination of a registered plant variety 26. Notice of opposition to application for claiming compensation 27. Notice of opposition to application for claiming compensation 28. Application for grant of compulsory license 29. Notice of opposition to an application for grant of compulsory licence 30. Application for revocation of compulsory licence 31. Notice of opposition for application for revocation of compulsory licence 32. Request for inspection of entry in Plant Varieties Register under section 84 33. Request for certified copies under section 84 Rs. 500/- per page. PV 33”. 18. In the principal rules, in the Third Schedule, against Form number O-12, for the existing entry under column (3), the following entry shall be substituted, namely:- “Notice for compensation towards communities’ rights”. 19. In the principal rules, for the Fourth Schedule, the following Schedule shall be substituted, namely:-- “FOURTH SCHEDULE [See rule 20(1)] Serial Number. Name of post. Number of post. Equivalent post under the Central Government. Pay band or grade pay or pay scale. with grade pay of Rs. 8700/-. 2. Legal Advisor 2 Under Secretary Pay band-3 (Rs. 15600-39100) with grade pay of Rs. 6600/-. 3. Senior Accounts Officer 1 Under Secretary Pay band-3 (Rs. 15600-39100) with grade pay of Rs. 6600/-. 4. Plant Variety Examiner with grade pay of Rs. 5400/-. 5. Senior Technical Officer with grade Pay of Rs. 4600/-. with grade pay of Rs. 4200/-. with grade pay of Rs. 4200/-. 8. Executive Assistant 2 Technical Assistant Pay band-2(Rs. 9300-34800) with grade pay of Rs.4200/-. 20. In the principal rules, in the Sixth Schedule,- (a) after paragraph 2 and the entries relating thereto, the following shall be inserted, namely:- “2A. Principal place of business or domicile of the applicant (b) in the declaration, for the existing endorsing authorities at the end, the following shall be substituted, namely:- “[(Chairperson/Secretary of the Concerned Panchayat Biodiversity Management Committee OR Concerned District Agricultural Officer OR Director of Research/ Director of Extension of concerned State Agricultural Universities OR Concerned District Tribal Development Office/Zonal Project Director (ICAR) (with Official Rubber Stamp)]”. RAJESH KUMAR SINGH, Jt. Secy. Note:-The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide number G.S.R. 738(E), dated the 12th September, 2003 and subsequently amended by the following numbers:- (i) G.S.R. 843(E), dated the 30th December, 2004, (ii) G.S.R. 731(E), dated the 14th October, 2008, (iii) G.S.R. 319(E), dated the 11th May, 2009, (iv) G.S.R. 783(E), dated the 27th October, 2009, (vii) G.S.R. 900(E), dated the 17th December, 2012, (viii) G.S.R. 901(E), dated the 17th December, 2012, NOTIFICATION New Delhi, the 15th June, 2015 G.S.R. 495(E).— In exercise of the powers conferred by clause (iii) of sub-section (1) of Section 39 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001) the Central Government hereby makes the following rules to amend the Protection of Plant Varieties and Farmers’ Rights (Recognition and Reward from the Gene Fund) Rules, 2012, namely:- 1. Short title and Commencement – (1) These Rules may be called Protection of Plant Varieties and Farmers’ Rights (Recognition and Reward from the Gene Fund) Amendment Rules, 2015. (2) They shall come into force on the date of their publication in Official Gazette. 2. In the Plant Varieties and Farmers’ Rights (Recognition and Reward from the Gene Fund) Rules, 2012 (hereinafter referred to as the principal rules), in sub-rule (3) of rule 2, for the words “cash of rupees one lakh each”, the words “such an amount of cash as may be decided by the Central Government” shall be substituted. 3. In the sub-rule (2) of rule 3 of the principal rules, for the words “citation and memento”, the words “citation, memento and such an amount of cash as may be decided by the Central Government” shall be substituted. RAJESH KUMAR SINGH, Jt. Secy. Note:-The principal rules were published in the Gazette of India, Part II, Section 3, Sub-section (i) vide notification NOTIFICATION New Delhi, the 15th June, 2015 G.S.R. 496(E).—In exercise of the powers conferred by sub-section (1) of Section 95 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001), the Authority with the previous approval of the Central Governments, makes the following regulations further to amend the Protection of Plant Varieties and Farmers’ Right Regulations, 2006, namely:— 1. Short title and commencement.–(1) These Regulations may be called the Protection of Plant Varieties and Farmers’ Rights (Amendment) Regulations, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. 2. In the Protection of Plant Varieties and Farmers’ Rights Regulation, 2006 (hereinafter referred to as the principal regulations), in regulation 3, in sub-regulation (13), the words “Gazette or” shall be omitted. 3. In the principal regulations, for regulation 4, the following regulation shall be substituted, namely:— “(4) Jurisdiction.- The jurisdiction of the Registrar shall be such as may be determined by the Authority from time to time.”. 4. In the principal regulations, in regulation 5, (a) for sub regulation (1), the following shall be substituted, namely:— “(1) A person having proven managerial, legal or Intellectual Property Rights or Agricultural development experience shall be eligible to hold office of Registrar in the Authority and shall be appointed on deputation for a period of three years, which may be extended annually with the approval of the administrative Ministry and the total period of such deputation including the extended period shall not exceed five years.”; (b) sub-regulation (2) shall be omitted. 5 . In the principal regulations, in regulation 6, - (a) for the word ‘’seven’’ the word “ten” shall be substituted; (b) after the words “one Farmers’ Representative”, the words “one representative from the Seed Division of Department of Agriculture” shall be inserted. 6. In the principal regulations, in Form I and Form II after serial number 3, the following serial number shall respectively be inserted:- “3.(a) Principal place of business or domicile of applicant: RAJESH KUMAR SINGH, Jt. Secy. Note:-The principal regulations were published in the Gazette of India vide number G.S.R. 740(E), dated the 7th December, 2006, and subsequently amended vide number G.S.R. 116(E), dated the 20th February, 2013. NOTIFICATION New Delhi, the 15th June, 2015 G.S.R. 497(E). — In exercise of the powers conferred by section 46 of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 (53 of 2001), the Central Government hereby frames the following scheme, namely:— Chapter I Preliminary 1. Short title and commencement.—(1) This Scheme may be called the Protection of Plant Varieties and Farmers’ Rights Scheme, 2015. (2) They shall come into force on the date of their publication in the Official Gazette. 2. Definitions.-In these Schemes, unless the context otherwise requires,— (a) “Act “ means the Protection of Plant Varieties and farmers’ Rights Act, 2001 (53 of 2001); (b) “Scheme” means the Scheme framed under the Act; (c) “Schedule” means the Schedule annexed to the Schemes; (d) all other words and expressions used, but not defined in this Scheme, but defined in the Act, shall have the meanings respectively assigned to them in the Act. 3. Registration of claims.—(1) The claim for purposes of Section 41 shall be filed in triplicate in accordance with the first Schedule before the concerned notified centre. (2) The concerned notified centre upon the receipt of the claim under section 41, shall inform the applicant and forward a copy of it to the Authority and thereafter report its findings to the Authority within a period of thirty days from the date of receipt of such claim. (3) Upon the receipt of the copy of the claim from the concerned notified centre, the Authority shall register the claim which shall be maintained in accordance with the Second Schedule. 4. Maintenance of records and register.—(1) The Authority upon receipt of the report from the concerned notified centre and upon such enquiry and perusal of the report, enter such claim in the register and maintain it in accordance with the Second Schedule. (2) All the documents related to the claim shall be maintained in triplicate. 5. Utilisation of amounts received in satisfaction of such claims.—(1) The compensation awarded by the Authority in respect of such claims shall be utilised by the community for conservation and sustainable use of genetic resources including in situ and ex situ collections and for strengthening the capability of panchayat in carrying out such conservation and sustainable use. (2) The compensation awarded shall be apportioned by the Authority, if necessary, between the community, its panchayat and Bio-Diversity Management Committee in the ratio as deemed fit by it, for the purpose mentioned above. 6. Procedure for disbursal or apportionment.—If any dispute arises between disbursal or apportionment of the compensation, the Authority shall adjudicate it in the manner as may be deemed fit by it. 7. Utilisation of benefit sharing.—The Authority shall set-apart ten percent of benefit sharing amount deposited by the registered breeder and shall be utilised for supporting farmers engaged in breeding, discovery or development of varieties in respect of which benefit sharing has been determined. 8. Maintenance and audit of accounts.—The maintenance and audit of accounts shall be as specified by the Comptroller and Auditor-General of India for Central autonomous bodies. FIRST SCHEDULE [See paragraph 3(1)] FORM FOR CLAIM OF COMPENSATION UNDER SECTION 41 To, (Name and address of notified centre) 1. Name of the applicant ( IN CAPITAL LETTERS) 2. Status of the applicant Persons Group of persons Governmental Non-Governmental 3. If non-Governmental, then details of registration. 4. Postal address of applicant (for correspondence) 5. Name and location of the village or local community 6. Name of the registered breeder against whom claim is filed. 7. Name of registered variety in respect of which claimed is filed. 8. Details of contribution of the village or local community in respect of the variety (alleged to be used in the evolution of the registered variety) 9. Is the variety still being conserved by the village or local communities? If the answer is yes, give the details 10. Whether the variety conserved by the village or local community finds place in People’s Bio-diversity Register DECLARATION Name and address/telephone No. /e-mail of the person with whom the Registrar, Protection of Plant Varieties & Farmers’ Rights Authority can correspond with: Name (in block letters) ____________________________________________ Postal address (for correspondence) ________________________________ Block ___________________________ Village __________________________ P.O. _____________________________ District ___________________________ State ____________________________ Pin ___________________________ Tel. (if any) ____________________ The information given in the application is true to the best of my knowledge, information and belief. Signature of the applicant It is hereby certified that the farmer named in this application has conserved and improved the material mentioned in this application form. (To be certified by Chairperson/Secretary of the concerned panchayat Bio-diversity Management Committee or concerned District Agricultural Officer or Director of Research of concerned State Agriculture University or Concerned District Tribal Development Office) (Seal, Sign with date) Note: 1. Please sign each page of the application Form. 2. There is no application fee. 3. For details/ information in any column, extra pages can be attached as Annexure. 4. Declaration to be attached. SECOND SCHEDULE [See paragraphs 3(2) and 4(1)] Format of register of claims under section 41 Serial number Applicants name Details of village or local community. Date of filing of claim in notified centre and details of notified centre. Details of community’s variety with respect to which claim is filed. Details of registered variety against which claim is filed. Details of breeder of registered variety against which claim is filed. Claim number and year. Date of receipt of claim from notified centre. Date of receipt of enquiry report from notified centre. Date of issue of Form O- 12 of Third Schedule of Protection of Plant Varieties & Farmers Rights Rules, Date of filing of Form PV-27 of First Schedule of Rules 2003. Details hearing and its outcome. Amount of compensation. Deposit of compensation in the Gene Fund. Date of grant of compensation to claimant. Details of utilisation of compensation by the community. Details of dispute as to utilisation /disbursal of claim amount. Details of apportionment. Utilisation for breeding, discovery of development of varieties. Comments of audit. Others. RAJESH KUMAR SINGH, Jt. Secy. 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