Protection of Plant Varieties and Farmers’ Right Act : Protection of innocent infringement. Indian Bare

Protection of Plant Varieties and Farmers’ Right Act,2001

Act No : 53

Section : Protection of innocent infringement.

42. Protection of innocent infringement.-Notwithstanding anything contained in this Act,- (i) a right established under this Act shall not be deemed to be infringed by a farmer who at the time of such infringement was not aware of the existence of such right; and (ii) a relief which a court may grant in any suit for infringement referred to in section 65 shall not be granted by such court, nor any cognizance of any offence under this Act shall be taken, for such infringement by any court against a farmer who prov s, before such court, that at the time of the infringement he was not aware of the existence of the right so infringed.