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

A seed company sold propagating material of its registered variety to a farmers' cooperative in Maharashtra without disclosing expected performance. The material gave a much poorer yield under the stated conditions. Where and how may the cooperative seek relief under the Act?

The cooperative may claim compensation in the prescribed manner before the Protection of Plant Varieties and Farmers' Rights Authority. The Authority, after notice to the breeder, an opportunity to oppose and a hearing, may direct the breeder to pay such compensation as it deems fit.

  1. AFile a compensation claim in the prescribed manner before the Authority, which may direct the breeder to pay after notice and hearingCorrect
  2. BSeek reward from the Gene Fund as a conservation farmer
  3. CApply for compulsory licence of the variety
  4. DClaim only a refund from the retailer, as the Act gives no remedy against the breeder

Explanation

Section 39(2) requires the breeder to disclose expected performance. If the material fails to give it, the farmer, group or organisation may claim compensation before the Authority, which gives notice, allows opposition, hears the parties and may direct payment. The Gene Fund and compulsory licence serve different purposes.

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