Rules 71 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rules 71 to 73 turn sections 47, 50 and 52 of the Act into procedure. An interested person applies on Form PV-28 after three years from the certificate; the breeder has one month to oppose on Form PV-29; the Authority makes reproductive material available to the licensee; and a compulsory licence can be revoked on Form PV-30, with the licensee opposing on Form PV-31. Breeders and applicants alike can take advice from our legal dispute resolution team.
Rules as amended up to G.S.R. 803(E) dated 16 November 2021. Later notifications should be checked on plantauthority.gov.in.
Any interested person may apply on Form PV-28 after the expiry of three years from the date of issue of the certificate of registration (rule 71(1)). The application must give particulars of the variety, the grounds with documents, and proof of capabilities and of exhausting all measures for a voluntary licence (71(2)). The breeder has one month to oppose on Form PV-29 (71(4) and (5)). The Authority may order a licence on royalties and remuneration it thinks fit (71(6)). It then makes reproductive material available from the Gene Bank or another centre (rule 72). Revocation is on Form PV-30, with opposition on Form PV-31 (rule 73).
Rule 71: applying for a compulsory licence
Section 47(1) of the Act allows any person interested, at any time after three years from the date of issue of a certificate of registration, to apply to the Authority alleging that the reasonable requirements of the public for seed or other propagating material have not been satisfied, or that it is not available at a reasonable price. See sections 47 to 49.
Rule 71(1): "Any interested person may, after the expiry of three years from the date of issuance of a certificate of registration of a variety make an application to the Authority, in the Form PV28 of the First Schedule along with the fee specified under the Second Schedule ... for grant of compulsory licence."
A numbering slip. The second sub-rule of rule 71 is printed as "(7)" in the Authority's copy, between sub-rules (1) and (3). It is the second sub-rule and is read as such here; the other sub-rules follow in sequence.
| Sub-rule | Rule |
|---|---|
| 71(2) | The application "shall" specify the particulars of the variety, denomination, and generic and specific name; contain the grounds with supporting documents; and be supported by (i) the applicant's qualification, technical and financial capabilities, with evidence, (ii) particulars of the holder of the right to the variety, and (iii) written evidence that the applicant "has exhausted all measures for voluntary licence" |
| 71(3) | If the Authority is satisfied that a prima facie case has not been made, it notifies the applicant |
| 71(4) | On receipt of an application, the Authority serves notice on the breeder, his assignee or registered agent "inviting his opposition within one month from the receipt of such notice" |
| 71(5) | The breeder, assignee or agent may give notice of opposition in Form PV-29, "supported by documentary proof to substantiate the ground or grounds of opposition" |
| 71(6) | If, after giving both parties an opportunity of being heard, the Authority is satisfied that there is a need for a compulsory licence, it "may order the breeder or his assignee or registered agent to licence the variety on such terms of royalties and other remuneration as it may deem fit" |
The 2015 Second Schedule fees are entry 28, "Application for grant of compulsory license", Rs. 25,000/-, Form PV 28; and entry 29, "Notice of opposition to an application for grant of compulsory licence", Rs. 10,000/-, Form PV 29.
Two points of practice. The applicant carries the burden of showing capability and a failed voluntary approach; a breeder should keep records of any request for a voluntary licence it has received. And the one-month opposition period in 71(4) is short, much shorter than the three months in most other procedures under the Rules. For the Act's tests on the public's requirements, see section 48, which asks the Authority to take into account the nature of the variety, the time since the certificate, price, the breeder's measures and the applicant's capacity.
A breeder's duty to arrange timely supply or sale at a reasonable market price is in rule 36A, and is the first line of defence.
Rule 72: making reproductive material available
"The Authority shall make available to the licensee of such compulsory licence, the reproductive material of the licensed variety from the Gene Bank or any other centre, including the initial breeder of such variety."
Section 50 of the Act says the Authority fixes the duration of the compulsory licence, not exceeding the remaining period of protection, and that "the prescribed authority shall, in the prescribed manner" make the reproductive material stored in the National Gene Bank or any other centre available to the licensee. Rule 72 names the Authority as the prescribed authority. It does not describe the process or any charge. Seed deposits are explained with the Regulations, 2006.
Rule 73: revocation of a compulsory licence
| Sub-rule | Rule |
|---|---|
| 73(1)(a) | Any aggrieved person "in respect of compulsory licence" may apply on Form PV-30 to the Authority for revocation, on any of the grounds specified in section 47(1) or section 52 |
| 73(1)(b) | The application is supported by evidence |
| 73(2) | The Authority, on its own motion or on receipt of the application, may give notice to the licensee |
| 73(3) | The licensee may file opposition in Form PV-31 with the Authority |
| 73(4) | After considering the opposition and giving the licensee an opportunity of being heard, the Authority passes an order of revocation or refuses to grant it |
Entry 30: "Application for revocation of compulsory licence", Rs. 10,000/-, Form PV 30. Entry 31: "Notice of opposition for application for revocation of compulsory licence", Rs. 5,000/-, Form PV 31.
Section 52 allows the Authority to revoke where the licensee "has violated any terms or conditions of his licence or it is not appropriate to continue further such licence in public interest", and requires it to send a copy of the order to the Registrar to rectify the Register. Section 53 allows modification of terms in the public interest. See sections 50 to 53. The Rules do not provide a period for opposition under 73(3), nor a period within which the Authority must decide.
An invented example: a farmers' producer company finds that seed of a registered maize hybrid has been unavailable locally for several years and that the breeder has refused its written request for a voluntary licence. After three years from the certificate, it applies on Form PV-28 with proof of its capabilities and its record of approaching the breeder. The breeder has one month to oppose on Form PV-29. If the Authority orders a licence, the producer company receives reproductive material under rule 72 on the terms set.
If you are a breeder facing an application, or an applicant preparing one, our legal dispute resolution team can prepare the case from the first request for a voluntary licence to the hearing.
Need help with a compulsory licence?
A compulsory licence case turns on documents: the voluntary-licence attempt, the capability evidence and the breeder's supply record. Our legal dispute resolution team can prepare or defend an application and manage the one-month opposition window.
Key takeaways
- An interested person applies on Form PV-28 after three years from the certificate, with the Second Schedule fee (entry 28).
- The application must show capabilities and that all measures for a voluntary licence were exhausted.
- The breeder, assignee or agent has one month to oppose on Form PV-29.
- The Authority may order a licence on royalties and remuneration it thinks fit, and then makes reproductive material available from the Gene Bank or another centre.
- Revocation: Form PV-30; the licensee opposes on Form PV-31.
Read next
- Sections 47-49: compulsory licence after three years
- Sections 50-53: duration, terms and revocation
- Second Schedule: fees
Disclaimer: Based on the Protection of Plant Varieties and Farmers' Rights Act, 2001 as amended up to the Tribunals Reforms Act, 2021, the PPV&FR Rules, 2003 as amended up to G.S.R. 803(E) of 16 November 2021, and the regulations, rules and scheme named in the article, as published by the PPV&FR Authority and consulted on 3 October 2026. Later notifications should be checked on plantauthority.gov.in. This article is general information, not legal advice; check the official text before acting.