Plant Breeders' Rights Act, 2016

nrcrSTEnrDNo.M'302 1,.-76/6 @$6tvdc d SrHdtm EXTRAOFDINARY PUBLISHED BY AUTHORITY 9 ISI,AMABAD, THT-IRSDAY, DECfMBER 8, 20I6 PART I Acts, Ordinanccs, Preside t's Otders and Regulations Sf,NATE SECRETARIAT lslamabod, the 7th December 2016 No. F. 9(31)/2016-Legis. The follolving Act of Mojlis-e-Shooro (Parliament) received the assent of the President on 2nd December, 2016 and is hercby publishcd tbr general inlbrmat ion Acr No. L oF 2016 An Acl lo encourdge lhe deyelopfienl of new plahl yarielies and to pmtect rhe rights of breeders of such yarrcties WHEREAS the estab lishment o f a viable seed industry isessential to the food security in Pakistan to ensure the availabiliry ofhi8h quality seeds and planting material to rhe farmers; AND wHERr s it is expedient to make provisions for the development of new plant varie[ies and prorection ofthe rights ofbre€dcrsofsuch varieties providing exceptions to scientific researchers and farmers for matt€rs connected therewith or incidcnta I theretoi (123e) Price: Rs.20.54 [,1220 (2016),8r. Gaz.] 1240 THECAZE]l l OF PAKISI^N, EXI RA.. Dll(lLlMBl-iR 8,2016 [P^Rr I AND WHEREAI; it is impcralivc lo givc clltct 1o thc provisions of sub paragraph (b) of paragraph .l ot Art'cle 27 in Parl II of the Agreement on Tmde Relatcd Aspects oflntelleclual Propen)i Rights (IRIPS) which the Covemment of Pakistan has ratified, relating to proteclion ofnew plant varieties; AND wHEREAS the Provincial A-ssemblics of Balochistan, Khyber Pakhtunkhwa, Punjab, rnd Sindh havc pass€d resolulions underArticle 144 ofthe Constitulion ofthe lsla nic Republic ofPakistan to the effect that ltlojlis-e-Shoora (Parliament) may regu ate and make l6w on Plant Breeders' Righrs and matters connected therewith; It is hereby enacted as follo*s: 1. Short titl e, erlcna ond aommenccment.={ I ) Ih is Act may b€ called the Planl Brceders'Righls Act- 2016. (2) It extends to the whole ofPalistan (3) It shall c(mc into force at once cxccpt lhc provisiuns ofsection 10, which shau come into forcc on such dalc as the Iedeml Co\emment may, by notification in lie offici rl C ^zette, appoint. CHAPI'ER-I PRELIMINAR} 2. DefitritioN,- ln this Act, unless there is an,'thing repugnant to the subject or context, (i) "applican " means any natural or legal pcrson who has submifted an application for thc granl ofPlanl Brceders'Rights under this Act; (ii) "breeder" means a naturalor legal person, an institution, a farmer or an organir:ation which has bred, discovered ordeveloped a newplant variety; (iii) "Committ.jc" means thc Plan! Variet}, Protection Advisory Committee cstablishc:l undcr section I 0: (iv) cenificale' means the certiflcale ot protection of plart breeders' right i.isu( d with reSard to an osscnrially dcrivcd variety under sut section (J ofsection 20 or(with rcgards to a r1ew plant variety) under section 2l: PART Il THE GAZETIE OF PAKISTAN, EXTR {., DECEMBDR 8,2016 1241 (v) "commercial" mcans a business activity related to rhe production, processing or merchandising seeds or plopagating material including sale. distribution orresale for rhe purpose ofmakingprofir; (vi) "Convener" means the Convener of tfie Plant Variet) Protection Advisory Committee appointed undersection 10; (vii) "Director G€neral" means the Director Ceneral ofthe.Federal Seed Ceft ifi cation and Registratron Departrnent; (viii) "Distinctness, Uniformity and Stability (DUS) examination" means plantvariety examination for distinctness, uniformity and stability carried out by the Federal Seed Certification and Registralion Deparlment; (i\) "Department" meansthe Federal Seed Certification and Registration Department; (x) "essentially derived variety" means a variety derived from a protected variety where the protected variety is not itselfall essentially derived variety, while it retains lheexpression ofessential characteristics that result from the gcnoqpc or combination ofgenotypes ofthe initial variety and (a) it is clearly distinguishable from such initial varie0,, and (b) itconforms (except for the differences which result from the act of derivation) to such initral variety in th€ expression of the essential characteristics that result from the genotype or combination of genotyp€s of such initial variety; (xi) "export"with its grammatical variations and cognateexpressions means to take out of Pakistan: (xir) "fanner" means any legal or natural person who cu ltivates crops either through cultivating land himselfor through a person emplo)€d for the purPose; (xiii) "genetically modified plantvariety" means plant varieties which have been bred bygenetic engineering involving molecular techniques that modify, recombine and transfer Senes or segments of genetic material and includes recombinant deoxyribonucleic acid (DNA) techniques that tra nsfer genes or segments ofgenetic materialbet\!een genotypes (spccics that have no probability ofexchanging genes in nature) and shall also apply to plant vaneties derived from a living modified organism; 1242 I HE GAZETTE OF PAKISTAN. EXTRA., DbCEMBER 8.2015 [PaRr I (xi!) "hybrid" means ( l) thc tlrsl gcneBtion offspring ola cross beween h{o indiv iduals (plants) d iffering in one or more Bcnes; (2)theprogeny ofa cros! bclween species ofthe samc genus or ofdifferent gcncra; (xv) ''im port "! ith its grarnmatical variations and cognate exprcssions means to bring ilto Pakistan; (x"/i)'i[venlior" means any newand useful productorprocess. in any field oftcchno o!C/ and includes any newand usefirl improvcmcnt o fe iher ofthem; (xvii) "l,ocal communities" means the human population in a distinct eco logica I ar€a wfio dep€nd d irectly on its biod iversit-v and ecosy$em goods an(l scrvic€s for all or part oftheir livelihood and who have developed or acquired traditional knowledge as a resuk of this dependenJe: (xviii) "Ministry'means Minisry ofNational Food Securiry and Research; (xix) "National Bio-safety Commiftee" means the committcc established by lhe Fe(lera I Govemment u nder c lause (d) of section I 5 : (xx) "plant"m,)ans a livingorganism classified inKingdom Plantae; (xxi) -Plarlt BftedeB'Righls Joumal" means thejounral published by the RegisEy; (xxii) 'plant variety" means a plant grouping wirhin a sinSle botanical t&\on of the lowost known rank, wh ich grouping, irrespective o fwh€ther the conditions for lhe grant of a new plant varieti€s are fully met, may (a) defined by the expressio n ofthe characteristics rtsu lting from a Biven 8enotyF or combination of genotyp€s; (b) distrr gu'shed from any other plant grouping by the expression of at leEst one oI Ii€ said characteristics; and (c) considered as a unit with regard ro its suitabiliry of the plant grouping for be ing propagated unchanged; ()odii) "prescribsl" means prescribed by fre rules made under thisAcl; P^Rr Il THE CAZETTE OF PAKISTAN. EXTRA.. DECEMBER 8.2016 1143 (Lxiv) "protected variety" means a plant vaflety for which a certrficate of protection ofPlant Ilreeders' Rights has been issued under thisAct; (xxv) ''public sector research in stitu tion" means a research institution under the control of the Federal Covemment or a Provincial Covemment recervlng financia I support fioh theGovemment; ()(xvi) "regisler" mcans thc rcgistcr ofprotccted plant varieties as provided under section 9; (x\Yii) (uviii) "Rcgistrar" means the Registrar appointed under s€ction 5; "Regisry' means the Plant Breeders' RightsR€gistryestablishedunder section 3l (xxii) "rules ' mean rules made und€r this Act; and ()orx) "tcrminator technolory" means genetic modification that includes gene orgene sequences which restrict germ ination ofthe seed produced by the plant variety during the next subsequenr year ofplanting. CHAPTER-II ADMINISTRATION 3. The Plant Breeders'Rights Registry.-{ 1) Notwithstanding the provisions contained ir the Intellectual Property Organization of Pakistan Act, 2012(XXII of 2012), for the pu4oses of this Act, the Federal Govemment shall establish a Ragistry "The Plant Breeders' Rights Registry" under the Ministry of Natlolal Food Security and Research. (2) Ihe headquarler ofthe Registry shall b€ at lslamabad and for the purpose offacilitating th€ applicants, the Ministry ofNational Food Security and Research may, with the prior approval olthe Federal Covemm€nt, set up omces of the Registry at such places, as it may deem necessary as and when required. (3) The Ministry ofNational Food Security and Research may, wrth the prior approval ofthe Federal Govemmen! create posts and appoint such officers, employees. cxperu and consullanls. as it may cons ider necessary for fie p€rf6rmance ofthe tunctions ofthe Regisrry having such qualifications and experience as may be pre5crrbed. 4. Functions olth€ Registry.-The Registry shall perform the following functions, narnely: 1244 IIiECAZETIE OF PAK ISTAN. EXTRA , DECEMBER 8.2016 IPARrl (a) to facilitateprotcction ofn€E'plant varieties Jubjecl ro such lerms and conditicns and in the manner as may be prescribed: (b) lo issue c€rtificates under this Act (c) to ensurr the mainlenanc€ oflhc register ofprotected planr varieties; (d) to promote the development of new varieties of plants, by such measur€s as it thinks fit, and to pr(Xect the rights of the larmers and bre€ders as providcd undcr this Acl; (e) lo manale chamcterizalion and dorumentation ofvarieties protected under this Acts (D 10 collert statistics with regard lo plant varieties, includinS the contribu Lion ofany person at any time in the evolution or development of any p lant variety, in Pak6tan or in any other country, for compilation and publicatioq and (d to take all actions necessary for its smooth functioning 5. Officers aDd employces of the Registry.-(l) Thc Fedcral Covemment shall appoint a RegisEar who shallexecule the activities ofthe Regislry with the assishnce ofriuch olficers and staffas may be appointed under sub.s€ction (3) of section 3 and shall be under lh€ administralive control of the Minisfy of National Food S€curily and ResearEh. (2) Tle Reg srry shall funclion under drc d irect supervision ofthe Registrar who shall coord inate iti activities with the Fede.al Seed Certificition and Registration Department- ]}e Regrrtsar may, with thc prior approval ofthe Ministry ofNational Food Security and Research delegate any ofits powers and functions to any other officer of the Registry (3) The ReSistlar with the consent of the Director General may advise the FederalGovemment to transfer as many officers and officials as it may decm fit from Federel Seed Certlfication and Regist.ation Department for the proper functioninS ofthe Reg istry. 6. FurctiorB of th€ R€gi!lrar.--{ l) The Registrar shall, (a) execute and implement policy dirccrives, rules, regulations and resolutions issued by thc F€dcralCovemmem or Ministry as the case may be; PARr ll THE GAZETTEOF PAKISTAN, EXTRA., DDCEMBER 8,2016 1245 (b) can),oul the administratior\ maflaSement and firnctional activities of the Registry; (c) suggest mcasures for the encouragemenl aIId developmmt of new varietics of planls and to prorect the riShts of farmers and brEeders: (d) impose any tenns and conditions forresearch and experimentaluse Jr cxport of any registered plant variety dcvcloped fiom local genetic (€) request the advice ofthe PJant v6riety ProtectionAdvisory Committee in case of any dispute; (1) develop characterization and documentation of varieties protccted undcr thisAct; and (g) to facilitate cataloguing of all varietics of plants (2) In the discharge ofhis firnclions, the Registrar shall coordinate with the Dircctor General, from lime totime. 7. Regisarar to brve cerhin powers of the civil .lurt-Subjecl to any rules made in this behalf, the Registrar in any proceedings before him under thrs Acl shall hare the powers ofa civil coud whilc Eying a suit under thc Code ofCivil Procedure, l90E (Acl V of l90t), in r€sp€ct ofrhe following matters, namely: (a) summoning and enforcing the attendance ofanyFrson and exarnining him onoati: (b) requiring thediscovery ard production ofanydocument; (c) rece iv ing evidence on affidav its; (d) issuing commissions for thc examination ofwrtnesscs ordocuments; and (e) awarding costs t, Regfutry to crrry . s€al.-There shall be a scal ofthe Registry and all ordcrs ard decisions of th. Registrar sh6ll be issued Dnder the seal. 1246 THE GAZET- C OI'PAKISTAN. EXTRA., DECEI!,BER 8,2016 IPARr I 9. Registe" of protected plent verietiec,-For the purposes of this Act, a Register ofprclectcd plant varieties shall be kept at the Regislry under the supervision ofthe Re,{islrar. Names ofall the plant varielies protecl€d under this Act alonS with the nEmes and addresses of respective breeders, the right of such breeders in respecr of the protected varicly, the particuhrs ofthe denominatiol of each protcctcd variety, its s€eds or other propagating matcria I along with +ec ificetion and salicnl fealures tl,ercof and such other matlers as may be prcscribcd rhall be entered in this Regisk r. 10. Esaablrshment of the Plsnt Vari€ty Prot€clion Advisory Committee.-(l )'thc l'ederal Covernment shall establish ll Plant Varicry Pror€ction Advisory Committe€ consisting ofa Conv'ener and such other members Irom the public and privale seclors, as it may deem fit. (2) The Cornmittee shall advise the Ministry or fie Registrar, as the case may be, on such sciertific and technical rssues which may be referred to it. (3) An ofii( er, not below the level ofa Dircctor ofthe Regisrry, shall be er-oficio sccrewry <f lhe committee (4) The Commht€e shall mcct as and when required to perform its fiinctions (5) The Co nmitlee may co-opt any other pelson who is en expert in a specific field oftechrolo8ry when a question related lo that field of technology is underconsidemtion. (6) The Co nmiflee ma, with thc prior appmval of the Minrstry, make rules for rEsulating its business. CTlAPTER.III APPLICATION FOR PROTECTION Il. Appli.ntioE for grBnt of plsnt brccders' righB.-Any persoo specified in section I I may make an application for grant ofplant breeders, rights to the Regisrrar for pmte ction ofanewplant variety of the genera or spec ies prcsc bed by rhe Federal Goventmenr. 12. Criteri:r for pmtection ofptart bre€d€n' rights.-{ t) A new planr variery $all be prote.ted under rhis Act, if it conforms to the criteria of novelty, distinctncss, unilormi:y, slability and designated byan acceptable denominarion. (2) Forthe lurgxcs ofrhisAct a ncw planr varief.shall be deemed ro br. PART ll THE CAZETTE OF PAKISTAN, EXTRA., DECEMBER 8.2016 1247 13. Right to apply for a certilicste.-{ 1) An application for protection under section 15 may be made by, (a) novel, provrded thar (i) it has not been sold ormarketcd by or wrth the agreementofthe applicant, Iormore than one y€ar in Pakistan before filing ofthe application for a certificate underlhis Act; (ii) it has nol been sold ormarketed by or with the agleementofthe applicant, for more than six years iD the case oftrees or vines and for more than four years rn the case ofall other plants in a foreign country b€Iore filing ofthe application for a certificate underthisAct: (b) distinct, ifitclearlydiff'ersby one or more identiliable morphological, physiological or other characferistics from any other varicty whose existence is a maftcr of common knowledge on lhe date of this application. In particular, the filing ofan application for granling ofa certifioate for anothcr variety or for entering ofanother variety in the Register, in any country, shallbe deemed to render the othervariety a matter ofcommon knowledge from the date ofdre appl ication, prcvided that the application leads to th€ gmnting ofa certificate or to lhe entering ofthe said other variety in the register ofvarieties, as the case may be: (c) uniform, if subject to the variation ihat may be expect€d from the particular features ofits propa8ation, it is sufficiently uniform in its essential characteristics; (d) stable, ifits relevant characteristics remain unchanged after repeated propagation or in the case ofa particular cycle ofpmpagation, at the end ofeach such c)cle: and (e) acceptable de omination, ifthe denomination given to such varjety is capable ofidentiryinS such variety and must not be liable to mislead or to cause confu sion conceming the chaaacte stics, value or identity of the variety or the identityofits breeder and must also not be coouary to law, public orderorethrcs. (a) dre ourerofavariety or his successor in title subject to the conditions and requirement ofthis Act. For the purposes ofthis clause the owner shall bc the breeder or discoverer of the varietv or the successor in 1248 THE CAZETTI. Of PAKISTAN. LX'IRA., DECEIVI0ER 8.2016 [PARTl titlc or cilhcr ol'lhem. The ovner Ilav be a natural or legalperson, bul where the applicant is a lcSal pcrson, the breeder ofthe variety shall be named in the application; and (b) any pcrsoD aulhorized in the prescribed manner by a permn specified under clar se (a). lo makc thc application on his behalI (2) ln proccerlings before the Registrar for lhe ganr ofa ccrlilicare. the applicanl shall be dccnrsd 10 be entitled to such a grant. ln the case where two or more breeders indepcndcDtly developlllc sarrcvarietyand apply for protection, the cnlitlement for rights shallrest with thc pcrs who first apphed lbrprotection. (3) When twt ormore persons havejointly bred ordiscovered the variety lbr which prorection is soughr, they shall be consider€djoint breeders- Onejoinr breeder may filc an apJ lication for Plant Breeders' Rights naming all ol lhejoinl breede.s. A Certificale ,)l Plant Breeders' RiShts shall be issued in lhe name ofall ofthejoint breeders (4) The legsl rcpresEntative of a deceased breeder and of those under lcgal incapaciry may aplrly rbr a certificate on behalfofsuch penon under the same conditio$s and rquircnrents asapply to other owne6 ofva.rieti€s. (5) ln cas€ ofpublic sector brocdors, thc institute rhat devclops the planl vari€ty shall be entitled to apply for a certificate iind the plant varicty-developing institute directly involv,:d in theresearch will be€ntitledtorighls. (6) Tle brccdcrs norking in lhc public sectorwillbr eligible Io registera variely under their oun r ame al least five ycars aRer retiremem or lirav ing govemment (7) tn casc ol private sector cnployed hreeders,lhe employer company or breeder that develops the plant variety shall be cntitled to apply for a certificate: Provided that rhe breeders'right for new plant variety duriDg lhe course of his employmenl in lhc area of activir) of the eorployer shall. in the absence of conlractual obligElion ro the contmry. bclont to the b.eede., unless the employer proves thal (he new varicty could not hayc hccn made withoutlhc usc ofemployer's facilities, equipment n€cessary for the development ofnew plant variely (8) -l'he pltrnl hrccdcrs from privatc scctor will have to give a cenificate oramdavit to theelltcl lha( the variet) has, or has not, b€en developd atany srage utilizingthe breeding material obtained liom public secror rEsearch insliturron. PARr Il nIEGAZETTEOIT PAKISTAN, EXTRA.. DECEMBER 8.2016 I249 1,1. Plrtrtvariet) dcnominalion.-Dvcry applicant in his application shall assign an appropriate and distinct denomination in accordance with the prescribed rulcs to a variely with rcspcct 1o Yihich the applicant is seekinB righls underthisAct. (2) Where the denomination assigned to the va.iety does Dot satisry the req iremen ts spec ifrcd ln the ru les, the Registrar may require the applicant to propose another d enominal ion within such time as rnay be prescribed. (3) Noovithstanding anlthing corttained in the frade Marks Ordinanc€ 2001 (XIX of200l). adenomination assigned to a variety shall not be protected as a mark. 15. Requircmerts for an application for protectioo ofrights.-Every application for protection shall. (a) he $,ith respect to a ncw plant variety; (b) state an appropriate denomination assigned to such variet) by the applican! (c) be accompanied by an affidavit sworn by the applicant declaring that such variety does not contain an: gene or gene sequence involving terminatorlechnology; (d) in case ofgenetically modilied plant!ariet); provide a certificate from the National Bio-safely Committee constituted by the Federal Govemment to this effect that th€ genetically modified planr variety shall have no adverse eIlect on the environmen! human, animal or plant Iife and health; (c) be in such form as may be presc.ibed; (0 contain a completc idcntification da ta ofthepmental lines liom which the varicty has be€n derived alongwith the geograph ical location in or outside Pakislan from where the genetic maoerial has been takerlsetting forth its novelry, par€ntage or ped igree, breeding history and adrawing or photogmph to undcrstand and evaluate the novelty of the variery; (g) b€ accompanied by written consent of the authority representing pu blic sectot private scctor orthe local communiry in case where the plant variety is developed from tmd itional varieties; 1250 TIIE CAZET'IEOF PAKISIAN, Lx1RA., DECEMBER 8.2016 [PARr I (h) be supF('rted by documenls relatiflg to the compliance of any larv reBulating access to genctic or biol()gical resources; (i) be acconlpanied by a statement containing a briefdescription ofthe vadety b hgin8 out its characteristics ofnoveh),, distinctness. un iform ity and stability as required for protcction ard descriptions, DNA profilc and dra$,ings or photographs which disclose clearly the distinctive characler istics of the variety fiom other varieties ofthe same crop; 0) be acconrpanied by such fcc as may h€ prescribedr (k) b€ filed ir the Registry, and (l) be accofrpanied by pr(r)fofGc right to make the application, where such app ication is madc by vinue ofa succession oran asslgnmentof the righ( lor protection. 16. Testing.--{l) Every applicanlshall, alongwith the application made under section 13, ma<e available to the Registrar such quantities of seeds or pmpagating material, cfa variety in respect of which protection is sought by way of such an application, its required for the purpose of conducting "Distinctncss, Uniform iry and Stabiliry (DUS)" tests to cvaluate whether such variety along with parental marerial conjbrm to the prescribcd standards as may be specified by regulations (2) The Reg strar may make reference for the conduct of distinctness, uniformity and stabrliq (DUS) kials or any othcr specific test rcquired 10 the Federal Seed Cenificalion and Registration Departmcnt as may be prescribed: Providcd that lhe Regist.ar or Federal Seed Certification and RegisEation Department to whom liuch se€d has b€en sent for conducting the tests shall kccp such seed in such man,er and in such condition that its viability and quality shall remain unaltered as may be prescribed. lL\ access to unauthorized person shall not be allowed. Similarly, {lata ofpa.ental lines and other documents shall be protected from disclosure to mautlorized persons. nny v iolation by any pe6on shall bc Fndi/rd as prescribed in rules. (3) The applicantshalldcposit such Fcccharges as ma-v be prescribed for conducting the tests re-erred lo in sub-scctions (1) and (2). (4) The tests under suEse€tions (t) and (2) shatl b€ conducted in such manncr and by such m:thod as may be prcscribed P^Rr Il THE GAZETTEOF PAKISTAN, EXTRA.. DECEMBER 8,2016 l25l 17. Am€nding the applicalion.-{ I ) On rec€ipt ofan application, the Registrar may, within three months aftcr making any such inquiry, as he thinks fit with respect to thc pamiculars containcd in such application, accept thc applicatioD ormake theacccptance subject tosuch cond ition s or I im ilations as hc may deem fit. (2) Whcrc the ReBistrar is satisfied that the application does not comply with fte rcquirements ofuhis Act or any rulcs made thereunder, he may, (a) rcquire the applicant to amend the application to his satisfaction; or (b) reject the application Provided thatno application shallbc rcjected unlessa noticchas been given !o the applicanr statinB the grounds forrejeclionand the applicant has b€en given ar opportunity ofpresentiog his case in prrson or through his authoflzed aBent, as the case may k. 18. Adveniscm€nt of applicalioo.-\Jyherc an applicrtion for protection of a vari€ty has been accepted, the ReSistrar shall as soon as is pmcticable after such accephnce, cause such application to be advertised in the prescrib€d manner toSether with thc cond il ions or limitations, ifany, subj€€t 10 which it has been accepted and the spec ifications ofthe variety for protection ofwh ich such application is madc including iE photographs or dra* in8:s. callinS for objections ftum any pcrson inter€sted in the matter 19. Oppositiotr to pmtectiotr.-{l) At any timc, within four months from the date ofadvertisement ofan application under section 18, any person may give norice in writingand with dmumenlary cvidence to the Registrar o.f opposition to the grant ofrights, on payment ofthe prcscribed fe€ and on any of the following grounds, rumely: (a) that the p€rson opposing thc a ppl ication is entitled ao the rights for the ncw varicry as against the applicanl; (b) thal lhc variety is not protectable within the meanin8 of lhis Act; (c) that rhe grant ofa c€rtificalc may not be in the public interest or aEainst publk order; ot (d) that the variety may havc adver$ efFects on the environmenl, human, animalorplant health. (2) Where a notice isgiven under sub-s€ction (1),lhe Re8istrdr shallgive a notice oftheopposition to lhe applicant, alongwith a copy ofsuch noticcofopposition, within two months from the receipt ofthe notice ofopposition and thc applicant shall send within two months ofthe receipt ofthis notice ofopposition to lhc Registrar a counter statment ofthe Smunds on which he relies for his application, and ifhe does not do so, he shall b€ deemed to have abandoned his applicalion. 1252 lHE(;Azt.l'l trOl-'PAKIS1AN. LX lRA.. DI-CLMIIER 8-2016 lP^Rr I (l) lt lhe al,plicart sends such a counter statement, the Registrar shall serve a copy thereofon the p€rson 8iving noflce ofopposirion. (4) Any evidence upon which the opponent and thc applicanl may rely shall be submitted in :he manner prescribed and wrthin thc timc prescribed. lo rhe Registrar and the Regir{rar shallgive ro thc applicant and lhe opponent an opportunity ofbeing heard. (5) Tlc Rc! istrar shall. aficr hcaflng lhc appticant and the opponent and after due cons ideratror o flhc cvidcncr dcc idc whL.thcr ar rd subject to u'hat conditions or limitations. rf an-, ,lhe right is to be grantcd. (6) Where ? person giv ing norice of opposit ion o. an a pplicant sending a counler statement aftcr receipt ofa copy of such nohce neither resides nor carries on business in Pakistan. the Registrar ma)'require him to give sccurity for thecosls ofproceedings before him and in default ofsuch se€uriry treing givcn may trEal the opposition or applicalion. as lhe case mav bc. as abandoncd. (7) The Rclistrar may, on rcqrcst. permit corection of any error in, or any amcndment of, a notice ofopposition or a countcr sBtement on such terns as he may think fiI. (E) fhe Ret israr shall consider all the grounds on which the application hls been opposed an< after giving reasons lhercoc by order, uphold or reject lhe opposition. (9) When a new planl varico rs protcctcd hy the Registrar, he shall issue a ce(ificate in terms r)fscction 24. 20. Protectron of esscrtielly derived v{riety.-{ I ) An applicarion for the protection ofan errsentially derived variety ofthe gencra or spccies prescribed by the Federal Covernmenl may be madc to thc Rcgistrar hy or on behalfofany person rcferrcd to in s/:ction l3 and in lhc manncr spccificd in scction l5 as ifforthe word"variety" lh€ words"csscnlially dcrivcd v&iety" havc been substituted therein and shall be accompaoied by such docunrents and fee as may be prescribed. (2) On rec. pt ofan application under sub-section (l), the Registrarshall have any such csscnrially dcrivcd varicly cxamined in order to delerminc as ro whether the cssentia ll. derived varicly isa varic$,derivcd Jiom thc initial variety by conducting such l€sts and following such p(rcctlurc as may be prcscribed. (3) When dre Regrstrar rs satistled on the reporl ofthe test rEfened to in suFsection (2) as to the fact that the essenhally derived variety has been derived fmm the initialvariety. he maycnlcr such vadety in the Registerand issu€ a certificate to this efFect. PARr U THE GAZETTEOT PAKISTAN. EXTRA., DECEMBER 8,2016 1253 (a) Where the Registrar is no( salisficd on rhe report ofthe rest referred in sub-scction (2) (hat fie €ssentially derived variety has been dcrived from the in itial variety he shal I reject the app licat ror. (5) The righls olrhc breeder ofa new plant variety contained in this Act shallalso apply ro the breeder ofan essenrially dcrivcd variery: Provided thar thr aurhorirration by the breeder ofthe initial vanety ro the breeder ofcssenlially derived variel,* may be subject lo such tcrms and conditions as botfi lfie paries may murull ly agrecd uFxln (6) An essentiall-v deri!ed variety shallnot be protected underrhis section unless it saris6es the requirerncnts ol section It as il fbr thc word "variet)", rhe sords "essentially derived varier) have b€en substituted lherein. CHAPTER.IV THE CERTTFICATE OF PLANT BRf,f,DERS' RIGHTS 21. Issurncc of the Certific{le.-Thc ccnilicnle shall b€ issued, on payment of such fce as may bc prescribed, in the name of the Covemment of Pakislan and shall be signed by the Registrar. 'l}le certificate shall be recorded in the Register and the record shall be made publicly available durirg ord ha.r), business hours. Notice of issuance oflhe certifica& shallbe puhlishcd in lhePlant Br€eders' Rights Joumal. There shall bc anncxcd t(i thc ccni6catc a definitive description of the protected plant variety. 22 Righb of the platrt breedcB-< I ) Subject to the provisions of this Act the owner of a protected variety shall h0ve the lbllowing erclusive rights in respcct ofthat variety. namcly: (a) offering for sale or selling or mad(eling ofthe r€prcductive or vegetative propagating marerial ofthe protected variety in Pakistan; (b) importing the reproduclive or vegetative propagating marerial ofrhe pmtected variety into Pakinan orexporting ir from Pakistan; (c) conditioninS or multiplying thc rcpmducrive or vegetative p.opagating mat€rial ofthe prolccted varicly; (d) carrying out any of the acts idenlified in clauses (a), (b), ard (c) in relation lo an ess€ntially derived varietyprovidcd the protected variety is nor its€lftur essentially derivcd varicry; 1254 TIIE GAZET-I]j OI PAKISTAN,IjXTR^.. DECEMIIER t.2016 [PARr I (e) instigatin I or promo(ing any ofthe acts identified in clsuscs (a), (b), (c) and G): (l) authorizirLg any person io produce, sell, markcr orotherwisc dealNith a proteck d variety; and (8) stocking tbr any ofthe purposes mentioned in clauses (a) to (d). (2) Su bject tc any othcr prov is ion of this Act no other person shall perform any ofthe acts mentiorcd in sub-s€ction ( l) without the prior authorizaliun o[the 23. Provisional protectiotr.-ljor lhe period between the filing ofthe application and lhe glar t ofa cerlificalc, the owner ofthe certificateshall he entitlcd to equitable remuneratirll frcm any pcrson who, duringlhe said period, which once dle certificale was issurid. would fall within owner's rights to exclude others under section 22. 24. Term of the certilicate.-Subjecl to sectron 29, the term of the certificare shall b€ twerLty five years in thc case oftrees and vines and twenty yea$ in the case ofall othe.l,lants fiom the datc of filing of$e application. 25. ExceptioN.-Nothing contained in thisAcl shall prevent (a) any actd,)ne privatev on a non-comm€rcial basis; (b) any act (one for scientific rese$ch or plant breeding as an inirial source o[ vfiiety for the puq]ose of creating other varieli€s provided that ihe ?ulhorization of thc breeder of a protecled variety shall be required whcrc lhe repeated use ofsuch variety as a parenlal line is nec€ssaD l'or commercial production ofsuoh othernewly developed vanery; (c) any actd,)ne for the purpose ofbreedingother plant varieties and any act refened to irl section 20 in respect of such other plant vari€ties, except wlcrc such other planl varieties have been esscntially derived from the prolected plant variety; (d) a tarmer to be entitled to save, use. sow, re-sow, exchange, share or scll his fe rm produce provided that the farmer shall not be enlitled to sell seed ofa variety protected under this Acr on a commcrcial basis without complying wilh the requiremenls of Seed Act. 1976 (XXIX o'1976), and regulations made therein; and PARr Il 'l llE CAZETTEOF PAKIS'IAN, EXTRA., DECEMBER 8.2016 1255 (e) any cxchang€ of propagating rnarcrials among farmers as may b€ sp€cified in the rcgulations. CHAPTER-V SIJRRENDfR, REVOCATION, RECTIFICATION OR CORR.ECTION OF REGISTER 26. Su reBder of ccrtificate.-l he holdcr of a certificate underthisAct may. at an) rim€ by giving notice in the prescriM mannerto lhc RegisEar, surrende. his certificate in such manner as may be prescribed. 27. Revocrtion of certifrcete by th€ Registran-At any time wit-hin twclve months afler the gmnt of a certificare, any p€rson inter€sted who did not oppose the grant ofthe certificarc may make an application to tlte ReBislrar lor arl ordcr revoking rhe certificate on any onc or morc ofthe Brounds upon which rhc giant ofthe certificate could have been opposed: Provided that \lheo an action for infringemenl or proceedings for the revocation, ofa cenrficate is p€nding rn any cour! ad application 1o lhc Regisrar under this scction shall not tle made exccpt with thc leave of the court. 28. Revocatior of certilicatc by tbe High Court.-Subject to lhe provisions ol thisAct, a cenificatc may, on the petitionofany person interested orof the Fedcral (;o\,emment or on a counterclaim in a suit foa infringcment of the cenificate, b! rcloked in part or in wholc by drc High Court on any oDe or more ol' dre grounds upon which gmnt ofcedficate.may be refused: Provided that a no(ice o, an), pclition for .evocation ofa certificate undel rhis sectior shall be served on all persons appearing fiom the registcr to be the owner ofthar certificate or to have interest therein. 29. PaymeDt of rnnual fee and forfeitu.e of cerlilicate itr dcfault thereof.--1I) I hc Federal Govcmment may prescrib€ a fee ro b€ paid annually by cven'ou'Derofa ce(ilicare under this Acl subjectlo such conditions and proc€durcs as nral be prescribed (2) lf$e owner of thc cenificate fails to pay the lec as under sub-secdon ( l), lhe Rcgistrar may forfeit t}lc cenificatc in the manner as may & prcscribed. 30. Rectificalion or correctiotr of r€gister.-i I) Any person having sulilcient interest may, on paymentofsuch fee as mry be presqibed, apply fo. thc rr.rillcar i.,n ofan error or omi\sion in the Registcr: I256 ITIDCAZETT. OF PAKISTAN, EXTR-A,. DECEMBER E.20I6 [PA[T T Provided that an 6pplication fbr rcclificarion may not be made in respct of a matter affecting the \alidrB ofthe ccr1illcfllc. (2) An appli( ation for rectilical;on ma) bc nlade to rhe Regislrar except thal (a) ifprocee( ings conceming thecertificate illqucstionare p€ndlflg inlhe High CoL n. fio application shall bc made to the I Iigh Courtr and (b) in case th,) applicalion ismade Io theRegistrar. he ma,vatany stage of the procc,-'dings refer the applicatiort ro the High Cou( (l) The Registrar on his o\yn molion may. allcr giling nolice in the . prcscribed mannerto rhe parties concrmed and after giying them an opponunit) of being heird, malie any 'ectificatron olan crororomission in the ReBisler. (4) Except wrere the Regislrar or the High Coun directs othcrwise, th€ effect ofrectit'ication o: thc register shall be that lhe error or omission in question shall be deemed never :o have been madc 31. Alterrtion of denomination ofa protccted variety.-(l) The breederofa variety pro:ected undet this Acl may apply in the prescribed mannerto the Registrar to delete a ly part or to add oralter the denomination oIsuch variety in any manncr not substartially affecting thc identitv rhcreol and the Regisrrar may refuse ormay grant leaie lo amend on such terms and subje€( to such limitations as he may think fit and sub iect to the rules to avoid snyconflict with the rightsofother breeders ofthe varietieit protected under this Act. (2) The Regittrar may cause an application under this section to be advertised in lhe prcscrited manner in ar1 case uherc it appears to him that it is expedient to do so, and wherc he do€s so, if\ ilhin sixty davs from the datc of[he advertis€menl eny person gives notice to lhc Registrar in the prescribed ntannerof opposirion to the applicalioD, th€ Registrar' shall, after heari|rg the parties ifso rcquire4 decide thc mattcr. (3) Where lear,e is granled under rhis s(rrion. rhc Jenominarion ofGc variety asahered shallb:ad!crti\ed in lhe prcscflEd manncr. unle,s rh( applicarion has already 6ecn advenrsed under sub-scclion (2). CHA P I F R.VI BEI\IEFIT SHARING 32. Betrefir soaring.- {I) On receipr of copy of rhe ce(ilicate of protection. lhc Regisua-shall publish such conrents ofthe certificate and invite claims bfbenefit sharing to lhc variety protecred uader such certificale rn thc rnanner as may h€ prcsoribed P\Rr ll THE CAZETTE OF PAKIS'I'AN, [XTRA., DECEMBER 8.20I6 I257 (2) On in!itation ofthe claims under suFsection (l), atry person or Sroup {fpcrsons or firm or Bovemmcntal or non-govemmental organizition shall submit itschim ofbenefit sharing tosuch varielv in lhe prLscriH folm withinsuch period, and accornpanied with such fees. as may be prescribed: Provided that such claim shall only b€ submitted by any, (a) person or group ofp€6ons, ifsuch person orevery person conslituling such group is a citizen ofPakistau; or (b) Ilrm or govemmental or non-govemmcntal orgonization, ifsuch fitm or organir,ation is formed or established in or outside Pakisran. (l) On receiving a claim undersuEsecdon (2), the Regisdrar shall send a copr- ofsuch claim to the breederofth€ varicty prolccted under such ce(ificale and the breeder may. on reccipt ofsuch copy, submil hisopposition to such claim within such period and in such manner as may b€ prEscribed. (4) Th€ RegistrEr shall, after givinS an opportunity ofbeing heard to thc parties, dispos€ ofthe claim received under sub-section (2). (5) While disposing ofthe claim under sub-section (4), the Registrar shall ex pl ic il ly ind icate r n its order the amount ofthe benefit sharing, ifan):, for which Ge claimant shall bc entitled and shall tak€ into conskleration lhe following maners, namelv: (a) (he extent and nature o f lhe usc of geflet ic material of the claimant in the development of the va.iely relating to which the benefit sharing has been claimed; and (b) the commercial uti lil), and dc )and in the market ofthe variety relatinS to which the benefit sharing has been claimed (6) The amountofbenefit sharinS to a variety determined under thisAcl shall be deposited by the breeder of such vrriety in the manner prcscribcd. The a nr ou nr o f bene fit shaing sha ll be delerm incd under th is Act on a reference made to thc ReSistrar in the prescribed manner CHAPTER-VII COMPULSORY LICf,NSE 33. Powcr oI Registrar to mskc order for compulsory lic.ttsc in cerlsin circumstances.--{ 1 ) Subject to sub-section (2), where, l?58 THE CAZEI"IE OIj PAKISI N. LX'lRA., DUCDMBEI{ 8.2016 [PARr I (a) the public interesl rn panrcularthe nurrition or hcalth so requires (b) the Reg strar has dete'hnincd that the nranner ofexploitation, by the ou ner ol the cenificare or his licensee. ls anti.compelitive: (c) reasonal)lc rcquiremcnts ol thc public lbr secds or olher propagating matcrialofthc varictv havc not b!'cn satisfied or that thc sccd orolher propagating material ofthc varicll is nor alailablc to lhc public al a reasonal)le pric€; (d) the owner ofthe c€(ificate rehrses to grant a license to a third pan!' on reasonable commercial terms and conditions; or the righl underthe cenificate has not been explorted in a mannerwhich contributes to the promoti)n, transfer and dissernrnation oftechnolo&ri and (e) the ReSistrar may after thc cxpiry of lhree years from the date of grant ofa c€(ificate and aflcr scekrng advice ofthe Commitlee, even \r'ithout the consenr of lhc owner of the certificate decide that a Govemrnenl agency, or a lhird person who makes an application to the Regisuar in the prescribed manner in this behalf, may exploitthe flghts urder the cerlificate. (2) The ReEistr.r shall, before taling any decision under sub-section (1). Bive $e owner ofthe c€rtificate and the interested peBon an opportunity ofb€ing heard. (3) The exploitation of riShts under the certificate shall be limited to the purpos€ for which it'xas authorized, subject to paymeDt to thc said owner ofan adequate remuneraticrl thereoi takrng into accounl the economic value ofthe authorization, and sub,ectto such tcflns a d condrtions as may be prescribed. 34. Durrtion of compulsory liccnsc.-'fhc Registrar shall dctermine the duration ofthe conpulsory licenses grantcd under rhis Acl and such duration may var) from cas( u casc Leeping in riew lhc gcstation periods of lhe plarr varietyand otherrelerant facts but in anycase thc term ofcompulsory licenseshall not exceed five years from lhe datc ofgrant 35. Revocrlion of compulsory liceDse.-lf rhe Registrar. on his orvn motion or on an application made in the prcscribed manner to the Registrar by a person aggrievcd ofth,i grant ofa compulsory license under thisAct. is satisfied that the licens€e has violarcd any of the terms or conditioni ofthc liccnsc or it is not appropriate to continu.r such license funher in the public interest. after giving such liensee an opponuniq to fil€ opposition and of be tng heard, male an order to revoke such license. PAR.[ Il THEGAZETTE OF PAKISTAN. EXTRA.. DECEMBER 8.2016 1259 36. Modificafion of compulsory license.-The Registrar rnay, if he considcrs it in thc public intcr€st. on hisown molion oron application made by the holder ofa compulsory lrccnse under tht5 Act. afler providing an opponunitv of being heard to the owler ofthe cenificate under thisAct, order modification of the entries in the Register on such terms and conditions as he may thinks fit. 37 Application of Se€d Act, 1976.-Nothrng provided or granled by, or under thrs.Act shall be construed as conferring authority for, (a) any seed to be sold, imported. exported or advertrsed; or (b) any namc, mark or label to be applicd in connection with any sced, contrary to the Seed Act, 1976 (xXIx of 1976) or regulations ma.de thereunder, CHAPTER-VIII INFRINGEMENT, OFPENCES AND PtrNALTIES 38. Suit for inlring€ment etc.-{l) Subject to the provisions of this Act. an.,., action in violation ofthe provisions olsub-section ( I ) ofsection 22 shallbe deemed to be an infringemenl including using a variety protecled under this Act \yithout legal authorization, to produce an essentially derived variety or F1 hybid for commercial utilization. (2) No suit. (a) for the infringcment ofa variety protected under thisAct;or (b) relating to any righr in a vaflely protected under this Act; shall be irstituted in any cou( inferior to the Cou ofDistricl Judge having .jurisd iction to try the suit. (3) For thc purpose ofclauses (a) and (b) of sub-section (2), "Court of DistrictJudge havingjurisdiction" shallmean the CourtofDist ct Judge within thc local limit olwhosejurisdiction the cause ofaclion arises. 39. Reli€f in suits for infringement. ll) Ihe relief which a court ma) grant in any suit for infringement referred to in section 3ll may include an injunction and at the option ofthc plainliff, eithcr danrages or a share ofthe profits. (2) An ord€r under sub-section (l) may include an order for, (a) discoveryofdocuments; 1260 I'llE CAZET lE OI' PAKISTAN.IixTRA . DECEMBER 8.2016 [PaRr I (b) presen,ilg of infringing valicty, documonts or other lrvidence whrch are relat)d ro the subjecl mafler of the suir: ,r (c) attachmr:nl ofsuch pri)pcnl ol lhe dclcndant \{hich dre court deems necessary lo recovcr darnagcs. cosls or olhcr Jrecuniary remedies rvhich rnay finally be awarded to the plaintiff. (3) A court r)fcompelentjurisdrction. having rul€d in lavour oftheowner ofthe ctnific-ate, shal decrec an appropriatc rcnrcdy. ln evcr-r case. fie court may a\?rd dam6ges to th(! ou,ner of the right at lean equal in amounl lo thc losses suffered by the owner or any other rellef \vhich rhe court may deem appropriatc. 40. Time lidia.rioo on etr infritrgeh€trt suit, irolice of infringe n€trt.- (1) No suit lor infringement ofa ceniticate shall ba brought afrer th.ee years follouinB any allcged occurrcncc ofrnliinScmcnt. (2) Damages will nol be assessed against a defendanl for infringement committed before acttEl or consructive notico is given to rhe defendant that the concemed vaflely is a protected plant variel !-. Constructive notice may be given by marking the container oflhe protccled varicty, or by any other a ppropriately visible indi,:ation that the var ety is protected 41. Oifencer.rd Penrlti€s.-Penaltics for contravendon ofthis Act or rules fmmed thcreund.:r, shall be prcscrrbed. CIIAPTER-IX MISCELLANDOUS 42. Transitional provision.-Thc planl vari€lics alrcady registercd and released or commercirlized which do not conform to the crileria of novelty may apply for a certificate within two years of the commencemenl of this Act. Ilthe certificate is granted.lhe tenn ofcenificate will be reduced by the nUmber olyears between the time thc vsricty was rcledscd. rcgistcred or commercialized and the time the application f.r a cerlificate was submitted. 43. Protection ofrctioD taken itr good faith.--No suit. prosecution or otherleSal proc€edinSs shall lie against the Federal Covemmen! the Minislry, the Dep"rtnent, the Reg islrar or any olier person acling on behalfoforunder instructions fmm,lheFedeml Govrmmenl.lhe Minislry. the Departmenl. the Committee or the Registrar direclly or u rdcr the provisions ofthis,{ct, for anything which is in good failh done or intended to be done in puBuance ofthis Acl or any rule. regulation, scheme or order mada thereunder PARr Il THE GAZETTL OF PAKISTAN, LXTRA.. DECEMBER 8,2016 1261 44. Non-resid€nt cerlificate orlners.- Each owner of a certificate nol residmg in Pakistan shall designate inwriti g the narne a d address oia natural or legalperson on rlhomjudicial and other notices may be scrvcd. 45. Incentives for the promotion of research ard development, (l) The Federal Govemmenl and each ofthe Provincial Govemments shallconstimte aResearch IncenliveBoard which shallrecommend to the respeclive Govemments, incenti\,e6 forthe promolion ofresearch and development, including iDcentives for research scientists and their teams involved in developing new plant varieties: Provjded thal in case ofan app lican t under su tFsection (4) ofseclion 13, the scienlist, breeder or a group ofscientists or brceders and their team involved in the dcvcloprncntofanerpplant variety shall be cntitled to a minimum offorty percent of the royally orthe profits gaincd by thc insdtutethrough any commercial deal: Provided furtherthar the FedemlGo\cmment or dre Provincial Governmcnts. as ttrecasemay bc, bynotification in the olficialGazette makerules forcarryingout the puryoscs ofthis section. (2) Thc ruies rclated to determiaatron and implementation ofroyall)- oo the protccted plantvririeties shall be prescribed 46. Appeal. Any person aggrieved by the decision ofthe Registmr or ihe Coun of District J udge may, \\'ithin sixty days of the decisioD, prefer an appeal 1o High Court haviry jurisdiction. 47. D€terminalion and collectiotr of f€€.- The Federal Government may, by notification in the omcial Gazette, prescdbe a schcdule of fee and charyes for senices rendered to the applicants and the public under thisAct and any fce or amount collected shall be deposited in the manner as may be prescribed. 4E. Pow€rto makc rulcs.-'Ihe t'ederal Governmenl may, by notification in the omcial Gazeue, rnake rulcs for carr],ing out the purposes ofthis Act. 49. Removal ofdifficulty. Ifany dilllcultly arises in givirg effecl to the provisions ol lhis AcL the FcCeral Govemment may, by notillcarion in the official Gazctte, make such pro!isions, not inconsistent with the provisions ofthis Acq as may appcar to be necessary for removing the difTiculty. AMJED PERVEZ. Secretury PRINTFN NY N]F, MANACER PRINI'INO COIIPOIdATION OF L\HS1AN PRISS ISLAMABAD, P(,Bl ISHID lrY Trlll DEPUIY aaNTROLLf& STATIONTRY AND I OIMS. UNlvER5rl Y ROAD. X,{R^CHI