Sections 64 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.
Sections 64 to 67 describe infringement and how to sue. A right is infringed when someone other than the breeder, a registered agent or a registered licensee sells, exports, imports or produces the variety without permission, or uses a confusingly similar denomination for another variety. The suit lies in a District Court, which can grant an injunction and damages or a share of profits, and can appoint an independent scientific adviser.
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.
The right is infringed by a person who, without being the breeder, registered agent or registered licensee, sells, exports, imports or produces a registered variety without permission, or who uses another variety under an identical or deceptively similar denomination likely to cause confusion (s.64). A suit cannot be filed in any court inferior to a District Court (s.65). Relief includes an injunction and, at the plaintiff's option, damages or a share of profits (s.66). The court may appoint an independent scientific adviser (s.67).
Section 64: what infringes
"Subject to the provisions of this Act, a right established under this Act is infringed by a person—"
| Clause | Infringing act |
|---|---|
| (a) | Who, not being the breeder of a registered variety or a registered agent or registered licensee, sells, exports, imports or produces the variety without the permission of its breeder, or within the scope of a registered licence or registered agency without permission of the registered licensee or registered agent, as the case may be |
| (b) | Who uses, sells, exports, imports or produces any other variety giving it a denomination identical with or deceptively similar to the denomination of a registered variety, in such manner as to cause confusion in the mind of the general people in identifying the registered variety |
Clause (a) protects the exclusive right in section 28(1): note that the verbs here are sell, export, import and produce, narrower than the six verbs in section 28(1) (produce, sell, market, distribute, import, export). Clause (b) is about denominations, linking to section 17 and to the offences in sections 68 to 73.
The opening words "Subject to the provisions of this Act" bring in the limits: the farmers' rights in section 39, the researchers' rights in section 30, compulsory licences, and the farmers' protection for innocent infringement in section 42. See sections 42 to 44.
An invented example: Agrigen Biotech Ltd holds a registered cotton hybrid and has licensed it to Rajput Seeds in two States. A trader outside the licence sells packets of the hybrid in a third State without permission from Agrigen. Clause (a) is engaged. A different trader sells an unrelated variety under a name deceptively similar to the registered denomination, causing farmers to confuse the two. Clause (b) is engaged. A breeder facing such conduct can consult our IP watch and enforcement team on evidence and next steps.
Section 65: the court
| Sub-section | Provision |
|---|---|
| 65(1) | No suit for the infringement of a registered variety, or relating to any right in a registered variety, shall be instituted in any court inferior to a District Court having jurisdiction to try the suit |
| 65(2) | "District court having jurisdiction" means the District Court within the local limits of whose jurisdiction the cause of action arises |
So the forum is fixed by where the cause of action arises, and the starting court is the District Court at least. Section 65(1)(b) also covers suits "relating to any right in a variety", which is wider than infringement alone. Who can sue is dealt with in section 28(6) (the registered agent or licensee, after three months) and in section 81.
Section 66: relief
"The relief which a court may grant in any suit for infringement referred to in section 65 includes an injunction and at the option of the plaintiff, either damages or a share of the profits." The injunction "may include an ex parte injunction or any interlocutory order for any of the following matters":
- discovery of documents;
- preserving of the infringing variety or documents or other evidence related to the subject-matter of the suit;
- attachment of such property of the defendant as the court deems necessary to recover damages, costs or other pecuniary remedies which may finally be awarded to the plaintiff.
The plaintiff chooses between damages and an account of profits; the Act does not allow both. The Act states no amounts. Relief is not available against a farmer who proves he was unaware of the right (section 42).
Section 67: scientific adviser
When the court has to form an opinion upon any question of fact or a scientific issue, it "may appoint an independent scientific adviser to suggest it or to inquire and report upon the matter to enable it to form the desired opinion." The adviser may be paid remuneration or expenses as the court fixes. The Act does not list the questions on which an adviser may be used.
Related provisions
Breeders should also read the offence provisions on false denominations and the defences in sections 70 to 73 and the rule that invalidity pleaded by an accused leads to rectification proceedings in sections 74 to 77.
Need help enforcing a registered variety?
Early evidence, a clear view of who holds the right (breeder, agent or licensee) and the choice of forum decide a plant variety case. Contact our IP watch and enforcement team to plan enforcement.
Key takeaways
- Infringement covers selling, exporting, importing or producing without permission, and confusing denomination use.
- Suits lie in the District Court within whose limits the cause of action arises, at least.
- Relief includes an injunction (including ex parte and interlocutory orders) and damages or a share of profits at the plaintiff's option.
- The court may appoint an independent scientific adviser.
- A farmer unaware of the right is protected by section 42.
Read next
- Sections 42-44: farmers' protection
- Sections 68-69: false application of a denomination
- Sections 81-84: suits by agents and evidence
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.