Section 66
Relief in suits for infringement.
The Protection of Plant Varieties and Farmers Rights Act, 2001
About this Act
An Act to provide for the establishment of an effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants.
(1) 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.
(2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:--
(a) discovery of documents;
(b) preserving of infringing variety or documents or other evidence which are related to the subject-matter of the suit;
(c) attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.
(2) The order of injunction under sub-section (1) may include an ex parte injunction or any interlocutory order for any of the following matters, namely:--
(a) discovery of documents;
(b) preserving of infringing variety or documents or other evidence which are related to the subject-matter of the suit;
(c) attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.