File:Protection of Plant Varieties and Farmers' Rights (1st Amendment) Rules, 2009.djvu

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English: Protection of Plant Varieties and Farmers' Rights (1st Amendment) Rules, 2009
Date
Source http://egazette.nic.in/WriteReadData/2009/E_275_2010_004.pdf
Author Government of India

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This file is a copyrighted work of the Government of India. However, the reproduction or publication of certain edicts of the Government of India are deemed not to be infringement of copyright according to the Indian Copyright Act, 1957 (as amended):

This work of the Government of India falls under Section 52(1)(q) of the Indian Copyright Act, 1957, which allows for the reproduction or publication of...

  • any matter which has been published in any Official Gazette except an Act of a Legislature;
  • any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
  • the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
  • any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be.

The decision of the Supreme Court of India in "Eastern Book Company & Ors vs D.B. Modak & Anr" on 12 December, 2007 interpreted this section of the Act as making the material public domain.

This work is also in the public domain in the U.S.A. because it is an edict of a government, local or foreign. See § 206.01 of the Compendium II: Copyright Office Practices. Such documents include "judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents."

52. Certain acts not to be infringement of copyright

(1) The following acts shall not constitute an infringement of copyright, namely,-
(q) the reproduction or publication of-
(i) any matter which has been published in any Official Gazette except an Act of a Legislature;
(ii) any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
(iii) the report of any committee, commission, council, board or other like body appointed by the government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the government;
(iv) any judgement or order of a court, Tribunal or other judicial authority, unless the reproduction or publication of such judgement or order is prohibited by the court, the Tribunal or other judicial authority, as the case may be;
(r) the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder-
(i) if no translation of such Act or rules or orders in that language has previously been produced or published by the government; or
(ii) where a translation of such Act or rules or orders in that language has been produced or published by the government, if the translation is not available for sale to the public: PROVIDED that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the government;
(2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.

Re-users of this file who wish to adapt it to their own use are cautioned that many derivative works are prohibited.

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