Plant Breeder s Rights
[No.18
of 2007
261
(5) Any delivery or storing of any propagating material in
accordance with this subsection does not affect the ownership of
the material and the material shall not be dealt with otherwise than
for the purposes of this Act.
(6) The Institute may use any propagating material stored at
a plant genetic resource centre for the purposes set out in this Act.
(7) Without limiting subsections (5) and (6), where any
propagating material is stored at a plant genetic resource centre,
the material shall not form part of the national collection, and shall
not be used for the purposes of that collection, until a decision on
the application for a plant breeder's rights is taken.
(8) Where a variety is accorded recognition, the propagating
material may be provided for purposes of any further research and
breeding under the intimation of the depositor of the material.
39. (1)
Aplant breeder's right in a plant variety is infringed Infringement
of right
by any person who-(a) not being the breeder of the plant variety registered under
this Act, or a registered agent or licensee of that variety,
undertakes any act stipulated under sub-section (I) of
section seven in relation to the variety without the
permission of the variety's breeder, or within the scope
of a registered agent or licensee without permission of
the registered agent or licensee as the case may be;
(b) uses, sells, exports, imports or produces any other variety
or gives a variety a denomination identical with or
deceptively similar to the denomination of a variety
registered under this Act, in such a manner that may
cause confusion in the mind of the general public in
identifying the variety that is registered.
(2) A person who infringes a plant breeders right may be sued
in any court of competent jurisdiction by the holder of a plant
breeder's right for an injunction or damages or both.
(3) A court may, in addition to the costs of an action under this
Act, grant an injunction or damages or both as may appear to be
reasonable or just in the circumstances of the case.
(4) Any action or proceeding for an infringement of a plant
breeder's rights may be instituted in writing in a court or, where
agreeable to both parties, be submitted to arbitration in accordance
AetNo. 11 of
with the Arbitration Act.
2000
(5) A defendant in an action or proceeding for an infringement
of plant breeder's rights in respect ofa variety may apply by way
of counter-claim for the revocation of that plant breeder's rights
on the grounds that-