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

Anil, a farmer in Gujarat, sells seed of a registered variety for sowing. He says he did not know of any breeder's right. The breeder files an infringement suit and also seeks to have a criminal court take cognizance of an offence under the Act. Anil proves in court that he was unaware of the right at the time. What is the consequence?

Once Anil proves he was unaware of the right at the time of infringement, the court cannot grant infringement relief against him and no court can take cognizance of any offence under the Act for that infringement. The protection covers both civil and criminal consequences.

  1. AOnly the civil relief is barred; the criminal court may still take cognizance
  2. BThe court may take cognizance of the offence but must impose only a fine
  3. CNeither the civil relief in the suit nor cognizance of any offence can be granted or taken against him for that infringementCorrect
  4. DThe suit is transferred to the Authority for fresh inquiry

Explanation

Section 42(ii) covers both limbs: relief in a suit for infringement shall not be granted, nor shall any court take cognizance of any offence, against a farmer who proves he was unaware of the right. The wrong option splits the two limbs, but the section bars both.

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