Court : Chennai
..... and protection of children) act, 2000paragraph-14offences under the emigration act, 1983paragraph-15offences under the passports act, 1967paragraph-16offences under the foreigners act, 1946paragraph-17offences under the copyright act, 1957paragraph-18offences under the trade marks act, 1999paragraph-19offences under the information technology act, 2000paragraph-20offences under the biological diversity act, 2002paragraph-21offences under the protection of plant varieties and farmers' rights act, 2001paragraph-22offences under the environment protection act, 1986paragraph-23offences under the water (prevention and control of pollution) act ..... petitions assail the impugned orders, are:-(i) that the order of the director under section 5(1) and the order of the adjudicating authority under section 8(3) were passed in violation of the principles of natural justice and without providing adequate opportunity of being heard; and(ii) that without deciding the question of independent ownership of the properties, the respondents have ..... which he has acquired the property attached under sub-section (1) of section 5, or, seized under section 17 or section 18, the evidence on which he relies and other relevant information and particulars, and to show cause why all or any of such properties should not be declared to be the properties involved in money laundering and confiscated by the central government.provided that where a notice under this sub-section specifies any property as being held by a .....
Tag this Judgment!Court : Andhra Pradesh
..... cases arise against the backdrop of the protection of plant varieties and farmers' rights act, 2001 (for brevity, 'the act'). ..... , the protection of plant varieties and farmers' rights authority (hereinafter, 'the competent authority') to entertain and process applications from plant breeders, farmers or persons claiming through them for registration of the plant varieties over which rights are sought to be ..... legislation was promulgated by the parliament for protecting the intellectual property rights of plant breeders and farmers over plant varieties developed by them. ..... is also to be remembered that not only prosperous plant breeders but also individual farmers, who assert intellectual property rights over their plant varieties, are entitled to protection under the act. ..... consequences of the registration of a plant variety are explicitly spelt out by the act and the rules framed thereunder and the objector to such registration, who is clothed with the statutory right of access to full data of the plant variety to be registered and of having his objections considered in the manner prescribed therein, alleges and asserts violation of such procedural safeguards, the threat posed to his rights transgresses the realm of mere apprehensions and assumes realistic proportions. ..... may be noted that under section 10 of the companies act, 1956, the registered office of a company incorporated under the said act would determine the high court which would have jurisdiction for the purposes of that act. .....
Tag this Judgment!Court : Andhra Pradesh
..... the advertisement of the 2nd respondent's applications in respect of mrc-7918, mrc-7041 bgii and mrc- 7160 varieties in the "plant variety journal of india" without following the due procedure specified under the provisions contained in sections 19, 20, 21 read with rule 29 and 30 of protection of plant varieties and farmers' rights act, 2001 as illegal and unconstitutional and for other allied reliefs. 2. ..... protection of plant varieties and farmers rights act, 2001, the 1st respondent authority came to be constituted for enabling registration of plant varieties and essentially derived varieties ..... that a farmer or a breeder, therefore, need not wait till the competent authority completes the registration of a plant variety in violation of his rights before approaching ..... the breach of procedure adopted by the 1st respondent earlier also by the very same writ petitioner, who has raised objections with regard to five varieties while no objections were raised with regard to four other varieties, and hence the fairness and legality of the procedure adopted by the 1st respondent in taking out the advertisement with regard to the applications lodged earlier by the 2nd respondent was ..... sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses; possibility of view of premises, if view would be appropriate to the action; and all other practical problems that make trial of a case easy, expeditious and inexpensive. .....
Tag this Judgment!Court : Delhi
..... section 24(5) of the protection of plant varieties and farmers rights act, 2001, is, therefore, declared void. ..... that provision merely deems proceedings before the board and the registrar to be akin to judicial proceedings in relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this act within the meaning of sections 193 and 228 of the criminal procedure code and for the purpose of section 196 of the indian penal code. ..... the authority or the registrar, as the case may be, relating to registration of variety or essentially derived variety, registration of agent, registration of licence or registration of compulsory licensing under this act shall be deemed to be judicial proceedings within the meaning of sections 193 and 228, and for the purpose of section 196 of the indian penal code (45 of 1860) and the authority or the registrar, as the case may be, shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). 30. ..... (c) 250/2009 & 7102/2011 page 22 (d) order or decision of the authority regarding revocation of compulsory licence or modification of compulsory licence; or (e) order or decision of the authority regarding payment of compensation, made under this act or rules made thereunder. .....
Tag this Judgment!Court : Delhi
..... plant varieties under the protection of plant varieties and farmers rights act, 2001 (hereafter called the pv act ..... issues are whether any other patent exclusion provision of the patents act, is attracted; whether monsanto s patent rights are unaffected by provisions of the protection of plant varieties and farmers rights act, 2001. ..... india s obligation to provide an effective sui generis system for protection of plant varieties, ipr rights in respect of plant varieties was developed by integrating the rights of breeders, farmers and village communities by way of the pv act. ..... to effectuate its obligation under trips, for an effective sui generis system for protection of plant varieties, and taking care of the concerns for equitable sharing of benefits, introduced the pv act. ..... can be (i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping; (ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and (iii) considered as a unit with regard to its suitability for being propagated, which fao (os) (comm) 86/2017 & 76/2017 page 49 of 60 remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers variety and essentially derived variety section 2(za) includes a transgenic variety, such as the one developed by the... ..... new variety shall not be registered under this act if the denomination given to such variety- .....
Tag this Judgment!Court : Supreme Court of India
..... morphological characters using distinctiveness, uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra) guidelines for the hybrids. ..... it is imperative for states like india, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.48.6 in this context, i would also like to refer to the relevant articles of the cartagena protocol on biosafety to the convention on biological diversity which specifically deals with living modified organisms to mean any living organism ..... such products may be formulated in the form of powders, granules, tablets, capsules, liquids, jelly and other dosage forms but not parenterals, and are meant for oral administration; (ii) such product does not include a drug as defined in clause (b) and ayurvedic, sidha and unani drugs as defined in clauses (a) and (h) of section 3 of the drugs and cosmetics act, 1940 (23 of 1940) and rules made thereunder; (iii) does not claim to cure or mitigate any specific disease, disorder or condition (except for certain health ..... c) direct the union of india to put in place rules to ensure that it shall be compulsory for any dealer or grower selling gmos to label them as such. ..... 2001-2002 to 568 kgs. .....
Tag this Judgment!Court : Delhi
..... protection of plant varieties and farmers rights act, 2001(the act) ..... , add that in exercise of a right conferred under section 96 on the central government to make rules, the protection of plant varieties and farmers rights rules, 2003 were enacted and were published in the gazette on ..... that farmers rights are protected under section 39 of the said act through a non-obstante clause providing that nothing shall prevent farmers from sowing, saving, using, resowing, exchanging, sharing and selling their farm seeds of a variety protected under the said act.64. ..... protection of plant varieties and farmers rights rules (recognition and reward from the gene fund) rules, 2012 were notified on 31.07.2012 while the protection of plant varieties and farmers rights (use of denomination and ..... -rules enacted in pursuance to the power conferred by sub-section (1) of section 96 of the said act, chapter iii of the protection of plant varieties and farmers rights rules, 2003 deals with registration of plant variety and consists of rule 24 to 36. ..... same officer has filed another affidavit affirmed on 28.02.2013 stating that the ipab has given its consent for invoking the transitional provision under section 59 of the said act and the chairman and vice chairman of the ipab will act as judicial members along with the technical member to be appointed under the said act for purposes of exercising the transitional power and authority conferred on the appellate tribunal under the said .....
Tag this Judgment!Court : Delhi
..... varieties as is the activity statedly undertaken by the defendants, the limited corresponding right of the person claiming ownership of the intellectual property right of such variety to claim benefit sharing under ..... to question the cs (comm) 132/2016 page 53 of 96 validity of the suit patent under the patents act, 1970, arguing that such grant is in contravention of various provisions of the said law referring to section 3(f), 3(h) and (j), section 8, section 10 (4) and section 59 (1), submitting that impugned acts on the part of defendants are protected by the provisions of the protection of plant varieties and farmers rights act, 2001 ( plant varieties act , for short), the said law by virtue of section 92, overriding the patents act, 1970, it affording a right , under section 30, to the use of any variety (of plant grouping) by any person as an initial source for the purpose of growing other .....
Tag this Judgment!Court : Delhi
..... the controversy involved in the present petitions relates to the acceptance of kaveri s application for registration of a variety of maize, referred to as kmh50 under the protection of plant varieties and farmers rights act, 2001 (hereafter the act ). ..... ) is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or (iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this act; or (v) is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or (vi) is likely to hurt the religious sentiments respectively of any class or section of the citizens of india; or (vii) is prohibited for use as a name or emblem for ..... any of the purposes mentioned in section 3 of the emblems and names (prevention of improper use) act, 1950 (12 of 1950 .....
Tag this Judgment!Court : Delhi
..... the controversy involved in the present petitions relates to the acceptance of kaveri s application for registration of a variety of maize, referred to as kmh50 under the protection of plant varieties and farmers rights act, 2001 (hereafter the act ). ..... ) is liable to mislead or to cause confusion concerning the characteristics, value identity of such variety or the identity of breeder of such variety; or (iv) is not different from every denomination which designates a variety of the same botanical species or of a closely related species registered under this act; or (v) is likely to deceive the public or cause confusion in the public regarding the identity of such variety; or (vi) is likely to hurt the religious sentiments respectively of any class or section of the citizens of india; or (vii) is prohibited for use as a name or emblem for ..... any of the purposes mentioned in section 3 of the emblems and names (prevention of improper use) act, 1950 (12 of 1950 .....
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