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

Ramesh, a smallholder farmer in Madhya Pradesh, saved and sowed seed of a variety that is registered under the Protection of Plant Varieties and Farmers' Rights Act, 2001. He had no idea that any breeder's right existed in that variety. The breeder sues him for infringement. What is the position under the Act's provision on innocent infringement?

Ramesh is not treated as an infringer. Under the innocent infringement provision, a right established under the Act is not deemed infringed by a farmer who was unaware of its existence at the time. Ignorance is therefore a valid defence for a farmer, with no halving of damages.

  1. AThe right is not deemed infringed by a farmer who was unaware of its existence at the time of infringementCorrect
  2. BHe is liable, but the court must reduce the damages by half
  3. CHe is liable because ignorance of registration is no defence under the Act
  4. DHe is protected only if the variety was also entered as a farmers' variety

Explanation

Section 42(i) states that a right established under the Act is not deemed to be infringed by a farmer who, at the time of infringement, was not aware of the right's existence. The Act does not give a half-damages rule or require a farmers' variety entry, and ignorance is expressly a defence for a farmer.

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