Section 79
Implied warranty on sale of registered variety, etc.
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.
Where a denomination of a variety or its
propagating material or essentially derived variety or its propagating material registered under this Act
has been applied to the variety or its propagating material or essentially derived variety or its propagating
material, as the case may be, on sale or in the contract for sale of such variety or its propagating material
or essentially derived variety or its propagating material, as the case may be, the seller shall be deemed to
warrant that the denomination is a genuine denomination and not falsely applied, unless the contrary is
expressed in writing signed by or on behalf of the seller and delivered at the time of the sale of the variety
or its propagating material or essentially derived variety or its propagating material, as the case may be, or
contract to and accepted by the buyer.