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

Sunita, a farmer in Punjab, is sued by a breeder for infringing rights in a registered variety. In court she wants to avoid both the civil relief and prosecution. Under the Act, what must she do?

She must prove before the court that, when the infringement happened, she was unaware of the existence of the right infringed. If she proves this, the court cannot grant infringement relief or take cognizance of an offence against her. The burden of proof lies on the farmer.

  1. AProve before the court that at the time of infringement she was unaware of the existence of the right infringedCorrect
  2. BPay the breeder's annual fee before the hearing
  3. CShow that the Registrar had not published the variety in a newspaper
  4. DObtain a certificate from the Authority that she is a farmer

Explanation

Section 42(ii) bars the court from granting relief in an infringement suit, and from taking cognizance of any offence, against a farmer who proves before the court that she was unaware of the right at the time of infringement. The burden is on the farmer. The other steps are not required by the section.

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