False Denomination 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.
Section 68 reserves the use of a registered variety's denomination, in the prescribed manner, to the breeder and the registered licensee or agent, and defines what counts as applying a denomination. Section 69 defines false application, and puts on the accused the burden of proving the breeder's assent.
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.
No person other than the breeder, a registered licensee or a registered agent may use the denomination of a registered variety in the prescribed manner (s.68(1)). Section 68(2) lists five ways of applying a denomination, and section 68(3) says it counts however it is attached. A person falsely applies a denomination if, without the breeder's assent, he applies the denomination or a deceptively similar one to a variety or package, or reuses a package bearing it for other goods (s.69(1)). In a prosecution the accused must prove the breeder's assent (s.69(3)).
Section 68(1): who may use the denomination
"No person other than the breeder of a variety registered under this Act or a registered licensee or registered agent thereof shall use the denomination of that variety in the manner as may be prescribed."
The manner of use is set by rules. The Use of Denomination of Registered Variety Rules, 2012, made under section 68(1), deal with how the denomination must appear on seed containers; see the Use of Denomination Rules. Breeders and their licensees therefore use the denomination in the prescribed way; everyone else is shut out of using it in that prescribed manner. A breeder who wants a watch on how its denomination is used in the market can ask our IP watch and enforcement team.
Section 68(2): five ways of applying a denomination
A person "shall be deemed to apply the denomination of a variety registered under this Act who—"
| Clause | Way of applying |
|---|---|
| (a) | Applies it to the variety itself |
| (b) | Applies it to any package in or with which the variety is sold, or exposed for sale, or had in possession for sale or for any purpose of trade or production |
| (c) | Places, encloses or annexes the variety which is sold, exposed for sale, or had in possession for sale or any purpose of trade or production, in or with any package or other thing to which the denomination has been applied |
| (d) | Uses the denomination in any manner reasonably likely to lead to the belief that the variety or its propagating material is designated or described by that denomination |
| (e) | In relation to the variety uses the denomination in any advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document, and the variety is delivered to a person in pursuance of a request or order made by reference to the denomination as so used |
The reach is wide. Clause (b) catches possession of a package for sale or trade or production, not only sale. Clause (e) catches ordinary commercial paperwork: if a catalogue or price list uses the denomination and the variety is supplied on an order that refers to it, the denomination has been applied.
Section 68(3): however it is attached
"A denomination shall be deemed to be applied to a variety whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, such variety or to any package or other thing." The form of attachment is irrelevant: a printed bag, a tag in the sack and a stamp on the seed all count.
Section 69: falsely applying a denomination
| Sub-section | Provision |
|---|---|
| 69(1)(a) | A person who, without the assent of the breeder, applies the denomination or a deceptively similar denomination to any variety or to any package containing such variety |
| 69(1)(b) | A person who, without the assent of the breeder, uses any package bearing a denomination identical with or deceptively similar to the registered denomination for packing, filling or wrapping any variety other than the registered variety |
| 69(2) | A denomination so applied is in the Act called a false denomination |
| 69(3) | In any prosecution for falsely applying a denomination, the burden of proving the assent of the breeder lies on the accused |
The assent of the breeder is the key. A licensee or agent who has authority from the breeder is within section 68(1); a stranger needs the breeder's assent. Under section 69(3), in a prosecution it is for the accused to prove assent.
An invented example: a trader in a market town reuses empty bags that carry the registered denomination of a popular maize hybrid, filling them with a cheaper unregistered maize. This is clause (b) of section 69(1): using a package bearing the denomination for packing another variety. If the trader cannot show the breeder's assent, he has falsely applied the denomination.
How these sections link to offences and civil suits
Section 69(2) names the result "false denomination", which is the term used in the penalty provisions: see sections 70 to 73. The same conduct can also be an infringement under section 64(b) in a civil suit; see sections 64 to 67. The rules on choosing a denomination in the first place are in sections 15(4) and 17.
Need help with denomination misuse?
Whether you need to protect your own denomination or are accused of misusing someone else's, the first step is to see how the denomination has actually been applied. Talk to our IP watch and enforcement team.
Key takeaways
- Only the breeder, a registered licensee or a registered agent may use the denomination in the prescribed manner.
- Applying a denomination covers the variety itself, packages, enclosing in marked packages, misleading use, and commercial documents followed by delivery.
- The mode of attachment does not matter.
- False application is without the breeder's assent and includes deceptively similar denominations and reuse of marked packages.
- The accused bears the burden of proving the breeder's assent.
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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.