Benefit Sharing

  1. Any citizen(s) of Pakistan or governmental/NGO formed or established in or outside Pakistan may apply to the Registrar on PB-13 form after depositing fee (Rs.5000) claim for benefit sharing of a protected variety.
  2. The claimant shall provide following information:
    1. Nature and extent of title
    2. Reasons for justifying such claim including contribution made by the claimant to the genetic development of the plant variety
    3. In case of EDVs, the terms and conditions in which authorization has been given
  3. The Registrar shall notify the claim along with information to the breeder.
  4. The breeder has to reply the notice within a month.
  5. In case of no-reply from breeder in a month, the Registrar may summon the breeder for personal hearing. Noncompliance of personal hearing notice shall be considered no opposition by the breeder to such claim and the claim shall be decided ex parte on merit of the cas
  6. The breeder can apply opposition to the claim with 03 months of its notice and on form PB-14.
  7. The Registrar shall decide the claim by considering;
    1. Extent and nature of genetic material usage in the varietal development
    2. Commercial value of the variety
  8. In case acceptance of the claim’ the registrar shall explicitly indicate in his order the amount of the benefit sharing which is to be paid by the breeder to the claimant.

(for details please see section 32 of the Plant Breeders’ Rights Act, 2016 & section 16 &17 of the Plant Breeders’ Rights Rules, 2018)