Handling Infringment

Case against any violation of the Breeders Exclusive Rights mentioned in section 22(1) of the Act and unauthorized use of a protected variety to produce an EDV or F1 hybrid, shall be filed in the Court of District Judge within the local limit of whose jurisdiction the case of action arises.

Following are important aspect for any such suit:

a.     Damages will not be assessed against a defendant for infringement committed before actual or constructive notice is given to the defendant that the variety is protected.

b.    The case shall be filed with 03 years of occurrence of the infringement.

c.    The court may award share in benefits or damages to the owner of the certificate not exceeding the quantum of loss caused or benefit derived from such violation or any other appropriate relief.

d.    No suit can be filed against use of the protected material:


         i.   In a private non-commercial activity 

        ii.   In research and breeding of a new variety. However, authorization of the owner of the protection rights is required in case the protected variety has to be repeatedly used as parent in commercial                    production of the derived variety.

        iii.  Development of new varieties, except the new variety is an EDV of the protected variety.

        iv.  By farmer to save, use, sow, re-sow, exchange, share or sell his farm produce provided that the farmer cannot sell seed of the protected variety on commercial basis without complying with the                       requirements of Seed Act, 1976 and Regulations made therein.

(for details please see section 25 & 38-40 of the Plant Breeders’ Rights Act, 2016 & section 20 of the Plant Breeders’ Rights Rules, 2018)