Certified Copy 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 81 to 84 are the evidence and access provisions. A registered agent or licensee may sue on the breeder's behalf if the breeder authorises it. A certified, sealed copy of a Register entry is accepted in all courts without further proof, the Authority and Registrar cannot usually be compelled to produce the Register, and anyone can inspect entries or obtain certified copies on payment of the prescribed fee.
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.
A registered agent or licensee may institute proceedings on behalf of the breeder if authorised in the prescribed manner (s.81). A certified and sealed copy of a Register entry is admitted in evidence without further proof, and a certificate under the hand of the Authority or Registrar is prima facie evidence (s.82). The Authority, Registrar and their officers cannot be compelled to produce the Register or to appear as a witness, unless the court orders for special cause (s.83). Any person may obtain a certified copy or inspect on an application and the prescribed fee (s.84).
Section 81: suit on the breeder's behalf
"The registered agent or the registered licensee of a variety ... registered under this Act may institute appropriate proceedings in the court under this Act on behalf of the breeder ... if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so."
This is separate from the agent or licensee's own right under section 28(6) to sue in his own name after calling on the breeder and waiting three months. Section 81 is the route where the breeder authorises the suit and the agent or licensee sues on behalf of the breeder. Compare section 28(4) to (11).
Under rule 75, the breeder applies in Form PV-32 of the First Schedule for authorising the registered agent or licensee, or his assignee, to institute appropriate proceedings in any court of law on his behalf. Once authorised, service on the agent of documents relating to a proceeding under the Act or Rules is presumed to be service on the authorising person, communications may be addressed to the agent, and appearances before the Authority may be made through the agent; the Authority may still require the signature or presence of an applicant, opponent or party if it considers it necessary.
If you hold licences and want your licensees to be able to enforce, the authorisation belongs in the licence file and the register. An IP portfolio management review can check that each licence has the authority it needs.
Section 82: evidence of Register entries
| Sub-section | Provision |
|---|---|
| 82(1) | A copy of any entry in the Register, or of any document issued under the Act, purporting to be certified by the Authority or the Registrar and sealed with its seal, "shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original" |
| 82(2) | A certificate purporting to be under the hand of the Authority or the Registrar as to any entry, matter or thing that it is authorised by the Act or Rules to make or do "shall be prima facie evidence of the entry having been made, and of the content thereof, or of the matter or things having been done or not done" |
The practical rule: to prove a registration, a licence entry or a denomination in court, obtain a certified and sealed copy. Sub-section (1) removes the need to call witnesses or produce the original. Sub-section (2) covers certificates about entries and acts, with the status of prima facie evidence: it can be rebutted.
An invented example: a licensee suing for infringement files a certified copy of the Register entry showing the breeder, the variety, the denomination and its own registered entitlement. The court admits it under section 82(1) without requiring the Registrar to attend.
Section 83: no compulsion to produce the Register
"The Authority or the Registrar or any officer working under the Authority or the Registrar ... shall not, in any legal proceedings, be compelled to produce the Register or any other document in its or his custody, the content of which can be proved by the production of a certified copy issued under this Act in the prescribed manner or to appear as a witness to prove the matter therein recorded unless by order of the court made for special cause."
Read with section 82: where a certified copy can prove the content, the officer need not attend. The exception is a court order "for special cause". The section applies where the content can be proved by a certified copy; it does not shield a document that cannot be proved that way.
Section 84: public inspection and certified copies
"Any person may, on an application to the Authority or the Registrar, as the case may be, and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the Register or any other document in any proceedings under this Act pending before such Authority or Registrar or may inspect such entry or document."
| Feature | Detail |
|---|---|
| Who | Any person |
| Where | The Authority or the Registrar, as the case may be |
| What | Certified copy of an entry in the Register, or of any document in a pending proceeding, or inspection of them |
| Cost | The fees prescribed |
Rule 76 provides the mechanism: any interested person applies in Form PV-33 of the First Schedule, with the fee specified in the Second Schedule, to the Authority or Registrar for certified copies of Register entries, certificates, extracts of a plant variety application or other records, or for inspection. The rule's 2015 heading reads "Manner of issuing certified copy under section 83 and fee payable for obtaining a certified copy for inspection under section 84"; as originally printed the heading referred only to section 84. Fees are entries 32 and 33 of the Second Schedule; the amounts are in the Second Schedule article. Farmers, groups of farmers and village communities pay no fees for inspection or copies (section 44). Section 78 can limit disclosure where the Authority considers it prejudicial to the security of India. See also rules 74 to 76.
Need help with your licences and Register evidence?
Enforcement starts with proof of title. Our team can help you assemble the certified entries and authorisations you need. Speak to us about IP portfolio management.
Key takeaways
- A registered agent or licensee can sue on the breeder's behalf if authorised (Form PV-32).
- Certified and sealed copies of Register entries are admitted without further proof; a certificate under the hand of the Authority or Registrar is prima facie evidence.
- Officers are not compellable to produce the Register or appear unless the court orders for special cause.
- Anyone may inspect or obtain a certified copy by application (Form PV-33) and fee.
- Farmers pay no fee for inspection or copies.
Read next
- Section 28(4)-(11): agents and licensees
- Sections 64-67: infringement suits
- Rules 74-76: accounts, authorised agents and certified copies
- 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.