Section 28 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.
A person who becomes entitled as agent or licensee of a registered variety must register that entitlement with the Registrar. The certificate is conclusive proof of the entitlement, and a registered agent or licensee can call on the breeder to sue and, after three months, sue in his own name. The terms of registration can later be varied or cancelled on stated grounds.
Provisions as amended up to the Tribunals Reforms Act, 2021 (in force 4 April 2021); no later amendment as of 3 October 2026. Later notifications should be checked on plantauthority.gov.in.
An agent or licensee applies to the Registrar with the prescribed fee and proof of title, and the Registrar registers the entitlement and enters it in the Register (s.28(4)). The certificate is conclusive proof (s.28(5)). If the breeder refuses or neglects for three months to sue when called upon, the agent or licensee may sue in his own name (s.28(6)). A registered agent or licensee cannot transfer the right further (s.28(8)). Terms can be varied or cancelled only through the Registrar and, in effect, with the Authority's directions (s.28(9)-(11)).
Section 28(4) and (5): registering title
| Step | Provision |
|---|---|
| Who applies | An agent or licensee who "becomes entitled to produce, sell, market, distribute, import or export a variety" |
| How | In the prescribed manner and with the prescribed fees, to the Registrar, to register his title |
| What the Registrar does | On proof of title to his satisfaction, registers him as agent or licensee for the variety and enters the particulars of entitlement and any conditions or restrictions in the Register |
| Disputed entitlement | Where validity of the entitlement is in dispute between the parties, the Registrar may refuse to register, refer the matter to the Authority in the prescribed manner, and withhold registration until the Authority determines the dispute |
| Certificate | The Registrar issues a certificate of registration, enters the brief conditions of entitlement, and the certificate is "the conclusive proof of such entitlement and the conditions or restriction thereof, if any" (s.28(5)) |
Under the Rules the application is in Form PV-9 of the First Schedule with three attested copies of the agreement or instrument of entitlement or other documentary evidence, and the fee in the Second Schedule (rule 45). A reference of an entitlement dispute goes to the Authority with all the relevant information and three copies of documents (rule 46); the certificate is in Form O-5 (rule 47). See rules 45 to 49.
Registration matters because an unregistered licensee has no certificate to rely on. If you are drawing up a licence, our agreement drafting team can make sure the instrument supports registration and carries the details the Registrar will want.
Section 28(6) and (7): the right to sue
"Subject to any agreement subsisting between the parties", a registered agent or licensee "shall be entitled to call upon the breeder or his successor thereof to take proceedings to prevent infringement". If the breeder or successor "refuses or neglects to do so within three months after being so called upon", the agent or licensee may institute infringement proceedings in his own name as if he were the breeder, making the breeder a defendant. A breeder so added "shall not be liable for any costs unless he enters an appearance and takes part in the proceedings" (s.28(7)). Section 81 adds a further right to sue for registered agents and licensees; see sections 81 to 84.
An invented example: Rajput Seeds is a registered licensee for a cotton hybrid in two States. It finds a trader selling copies. It writes to the breeder, Agrigen Biotech, asking it to sue. Three months pass with no action. Rajput Seeds may now file the infringement suit in its own name and make Agrigen a defendant, and Agrigen bears no costs unless it enters an appearance and takes part.
Section 28(8): no onward transfer
"Nothing in this section shall confer on a registered agent or registered licensee of a variety any right to transfer such right further thereof." A licensee cannot sub-license or assign the registered entitlement by virtue of this section. If sub-licensing is wanted, it must come from the breeder through a fresh authorisation and registration.
Section 28(9): varying and cancelling the terms of registration
Without prejudice to registration under sub-section (4), the terms of registration can be changed in these ways.
| Clause | Who applies | What the Registrar may do |
|---|---|---|
| (a) | The registered breeder or his successor | Vary the terms as regards the variety, or any condition or restriction |
| (b) | The registered breeder or successor, or the registered agent or licensee | Cancel the terms |
| (c) | Any person other than the breeder, successor, agent or licensee | Cancel on either of two grounds: (i) the breeder, successor, agent or licensee misrepresented or failed to disclose a material fact which, if accurately represented, would have justified refusal of the agent's or licensee's registration; (ii) the registration ought not to have been effected having regard to the right vested in the applicant by a contract in which he is interested |
| (d) | The registered breeder or successor | Cancel on the ground that a stipulation in the agreement between the agent or licensee and the breeder, regarding the variety, is not being enforced or is not being complied with |
| (e) | Any person | Cancel on the ground that the variety relating to the registration is no longer existing |
Applications under sub-section (9) are in Form PV-10 with the fee (rule 48).
Section 28(10) and (11): notice and the Authority's role
The Registrar issues notice of every application under this section to the registered breeder or successor and to each registered agent or licensee other than the applicant (s.28(10)); under rule 49 the notice is in Form O-6, and a person who wants to oppose or intervene gives notice within three months of receiving it, in Form PV-11. Before making any order under sub-section (9), the Registrar forwards the application with any objection to the Authority; the Authority "may, after making such inquiry as it thinks fit, issue such directions to the Registrar" and the Registrar disposes of the application accordingly (s.28(11)). Under rule 49(4) the Registrar may accept, refuse or accept with conditions as directed by the Authority and informs the parties in writing.
An order of the Registrar relating to registration as agent or licensee is appealable to the High Court under section 56(1)(b).
Need help with a licence or a registration?
Registering a licensee, enforcing a licence or ending one all follow the steps above. Our team can help you draft the instrument, prepare the application and handle notices. Reach out about agreement drafting.
Key takeaways
- An agent or licensee must apply with fee and proof of title to be registered; disputes go to the Authority.
- The certificate is conclusive proof of the entitlement and its conditions.
- After a three-month refusal or neglect by the breeder, the registered agent or licensee may sue in his own name.
- Registered rights cannot be transferred further under this section.
- Terms are varied or cancelled by the Registrar on the grounds in section 28(9), after notice and with the Authority's directions.
Read next
- Sections 27-28(3): seed deposit and exclusive rights
- Sections 81-84: suits by agents, evidence and inspection
- Rules 45-49: registration of agents and licensees
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.