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Intellectual Property Rights - Law and Practice · Protection of Plant Varieties

Infringement, Offences and Penalties under the PPVFR Act

Updated 11 October 2026 · Fact-checked

Under the PPVFR Act, 2001, infringement of a registered variety is tried by a District Court (section 65), which can grant an injunction plus damages or a share of profits (section 66). False denomination offences carry imprisonment and fines under sections 70 and 71. An unaware farmer is protected under section 42.

Understand Infringement, Offences and Penalties

A registered plant variety gives the breeder exclusive rights. If someone violates those rights, the breeder can go to court. That is infringement. The Act also punishes misuse of variety names. That is the offence side. So you have two tracks: civil remedy for infringement, and criminal penalty for false denomination.

Start with the denomination. It is the name of a variety, written in letters or a combination of letters and figures, in any language (section 2(g)). It is entered in the National Register of Plant Varieties (section 13). Buyers rely on this name to know what seed they are getting. False use of it misleads farmers and harms the breeder.

Section 69 explains falsely applying a denomination. A person does this if, without the breeder's assent, they apply the registered denomination, or a deceptively similar one, to any variety or its package. They also do it by using a package bearing such a denomination to pack some other variety. If the accused claims the breeder agreed, the burden of proving assent lies on the accused (section 69(3)).

Section 70 punishes the person who applies the false denomination, or who gives a false country, place, or breeder name and address in trading a registered variety. Section 71 punishes the person who sells, exposes for sale, or possesses for sale or trade or production a variety carrying such false marks. Each section lets the accused escape if they prove the defence the section allows.

On the civil side, a suit for infringement or about any right in a registered variety cannot be filed in a court lower than a District Court (section 65). The relief includes an injunction and, at the plaintiff's option, damages or a share of profits (section 66). Section 42 protects a farmer who was not aware of the right.

Key rules to remember

Court for infringement suits (s. 65)
Suit for infringement or any right in a registered variety → not below a District Court
Jurisdiction lies with the District Court within whose local limits the cause of action arises.
Relief in infringement suit (s. 66)
Injunction + (damages OR share of profits, at plaintiff's option)
Injunction may include ex parte or interlocutory orders: discovery of documents, preserving infringing variety or evidence, attaching defendant's property to secure damages and costs.
Penalty for applying false denomination (s. 70)
Imprisonment: 3 months to 2 years, or fine: ₹50,000 to ₹5,00,000, or both
Escape if the accused proves he acted without intent to defraud.
Penalty for selling falsely denominated variety (s. 71)
Imprisonment: 6 months to 2 years, or fine: ₹50,000 to ₹5,00,000, or both
Unless the accused proves one of the three defences: reasonable precautions and no reason to suspect; gave all information on his source on demand; or otherwise acted innocently.
False application of denomination (s. 69)
Without breeder's assent: apply identical or deceptively similar denomination, or use such a package for another variety
Burden of proving the breeder's assent lies on the accused.
Innocent farmer (s. 42)
Farmer unaware of the right → no infringement, no relief, no cognizance of offence
The farmer must prove before the court that he was unaware of the right at the time.

How to solve Infringement, Offences and Penalties questions

Use this order for any problem on infringement, offences or penalties. It keeps your answer in the provision, analysis, conclusion format.

  1. 1Identify whether the question is civil (infringement, remedy, court) or criminal (false denomination, sale, penalty).
  2. 2Confirm the variety is registered under the Act, since the offences concern registered varieties and the rights flow from registration.
  3. 3State the relevant provision in plain words: section 65 and 66 for suits, section 69 for meaning of false application, section 70 for applying, section 71 for selling or possessing.
  4. 4Apply each element to the facts: who did what, with or without the breeder's assent, with what name, and with what intent or knowledge.
  5. 5Check the defences and protections: no intent to defraud (s. 70), the three defences (s. 71), unaware farmer (s. 42), and who bears the burden.
  6. 6State the court and the relief or penalty with the exact range of imprisonment and fine.
  7. 7Close with a clear conclusion, and add a practical point such as seeking an ex parte injunction or preserving evidence.

Quickest way: Section-map shortcut

When to use it: Use when time is short and you must identify the right section fast.

  1. Name misuse? Think sections 69, 70 and 71.
  2. Applied the name or false origin or breeder details? Section 70, minimum 3 months.
  3. Sold, displayed or possessed for sale or production? Section 71, minimum 6 months.
  4. Suit or remedy? Section 65 for the court, section 66 for relief.
  5. Farmer who did not know? Section 42.
  6. Write the fine range ₹50,000 to ₹5,00,000 in both penalty sections.

Common mistakes in Infringement, Offences and Penalties

  • Saying a Magistrate or any civil court can try an infringement suit.

    Students assume ordinary civil courts handle all disputes.

    Fix: Remember section 65: not inferior to a District Court, based on where the cause of action arises.

  • Mixing up the minimum imprisonment in sections 70 and 71.

    Both sections share the same fine range and two-year maximum.

    Fix: Section 70 (applying) has a minimum of three months. Section 71 (selling or possessing) has a minimum of six months.

  • Forgetting the defences available to the accused.

    Students memorise only the penalty.

    Fix: Always state the defence: absence of intent to defraud in section 70, and the three defences in section 71.

  • Saying the prosecution must prove the breeder did not assent.

    General criminal law puts the burden on the prosecution.

    Fix: Under section 69(3), the accused must prove the breeder's assent.

  • Treating every farmer as exempt from infringement.

    Students confuse farmers' rights with section 42.

    Fix: Section 42 protects only a farmer who proves he was unaware of the right at the time of infringement.

  • Listing only damages as relief.

    Students overlook the plaintiff's option.

    Fix: Relief includes an injunction and, at the plaintiff's option, damages or a share of profits, plus interlocutory orders.

Worked examples

Example 1

Greenfield Seeds Pvt Ltd in Pune has a registered paddy variety. Without its consent, Ravi Agro in Nashik packs ordinary paddy seed in bags bearing a deceptively similar denomination and sells them. Advise Greenfield on the offences and the penalty.

Show the solution
  1. Provision: section 69(1)(a) deems a person to falsely apply a denomination if, without the breeder's assent, he applies the registered denomination or a deceptively similar one to any variety or package.
  2. Facts: Ravi Agro applied a deceptively similar denomination to bags of ordinary seed without consent. Section 69(3) puts the burden of proving assent on Ravi Agro.
  3. Section 70: applying a false denomination is punishable with imprisonment of 3 months to 2 years, or fine of ₹50,000 to ₹5,00,000, or both, unless Ravi Agro proves it acted without intent to defraud.
  4. Section 71: selling such seed is separately punishable with imprisonment of 6 months to 2 years, or fine of ₹50,000 to ₹5,00,000, or both, unless a section 71 defence is proved.
  5. Practical point: Greenfield may also sue in a District Court and ask for an injunction, including an ex parte order to preserve the infringing seed and evidence.

Answer: Ravi Agro is liable for falsely applying the denomination (s. 69, 70) and for selling falsely denominated seed (s. 71), subject to the defences. Greenfield may also seek civil relief in the District Court under sections 65 and 66.

Example 2

A shopkeeper in Nagpur stocks bags of cotton seed carrying a registered variety's name. The bags were bought from a licensed distributor. The shopkeeper had no reason to suspect they were false and gave the distributor's details when the breeder asked. Is he liable under section 71?

Show the solution
  1. Provision: section 71 punishes anyone who sells, exposes for sale, or possesses for sale a variety bearing a false denomination.
  2. Facts: he possesses and sells bags with a false name, so the basic elements are met.
  3. Defences: he must prove either reasonable precautions with no reason to suspect, or that he gave all information about his supplier on demand, or that he otherwise acted innocently.
  4. Application: he gave supplier details on demand, which is defence (b). He also had no reason to suspect, which supports defence (a).
  5. The burden of proving these lies on him.

Answer: He is not liable if he proves a defence under section 71. Giving his source's details on demand is itself enough, so he should be acquitted. Liability would shift to the person who applied the false denomination.

Exam tips

  • Quote the exact penalty ranges. Examiners reward the figures: ₹50,000 to ₹5,00,000 and the different minimum terms.
  • Structure case answers as provision, analysis, conclusion. Name the section before applying it.
  • Always check for defences and for who bears the burden of proof.
  • Mention both civil and criminal routes when the facts allow, and note the District Court requirement.
  • Do not cite section numbers you are unsure of. Use the ones in sections 42, 65, 66, 69, 70 and 71.

Practice questions from Protection of Plant Varieties

Infringement, Offences and Penalties in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Infringement, Offences and Penalties: frequently asked questions

Which court hears an infringement suit under the PPVFR Act?

Section 65 says no suit for infringement or about any right in a registered variety can be filed in a court inferior to a District Court. The District Court within whose local limits the cause of action arises has jurisdiction.

What relief can a breeder get in an infringement suit?

Under section 66, the court can grant an injunction and, at the plaintiff's option, damages or a share of the profits. It may also pass ex parte or interlocutory orders for discovery of documents, preserving evidence and attaching the defendant's property.

What is the penalty for false denomination of a variety?

For applying a false denomination under section 70, imprisonment is from three months to two years, or fine from ₹50,000 to ₹5,00,000, or both. For selling such a variety under section 71, imprisonment is from six months to two years, with the same fine range.

Is an innocent farmer liable for infringement?

Not if he proves before the court that he was unaware of the right at the time. Section 42 says there is then no infringement, no relief and no cognizance of any offence against him.