Does the law provide for opposition prior to the registration of a new variety?
Yes. After the acceptance of the application, the Registrar will advertise in the gazette, the specifications of the new variety including photographs and drawings and call for objection against the Registration. Any person within three months from the date of advertisement may lodge the opposition along with the prescribed fee. The Registrar thereafter will forward the notice of opposition to the applicant who must lodge the counter statement within two months, failing with which the application will be deemed to have been abandoned. After the lodging of the counter statement by the applicant, the parties will be given chance to submit evidence in support of the respective cases and thereafter the matter will be decided in a quasi-judicial manner.
