Judgment Search Results Home > Cases Phrase: protection of plant varieties and farmers rights act 2001 section 28 registration to confer right Page 1 of about 321 results (0.106 seconds)

Nuziveedu Seeds Pvt. Ltd Hyderabad Vs. the Protection of Plant Variety ...

Court : Andhra Pradesh

..... " 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. the 2nd respondent is also a seed ..... the 2nd respondent. 4. in accordance with the provisions of 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. an application must be made to the registrar and the variety sought to be registered conforms to the criterion of novelty, distinctiveness ..... the division bench clearly held 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 competent court. the threat posed by the impending registration contrary to the prescribed procedure in the act .....

Cattle Remedies and anr. Vs. Licensing Authority/Director of Ayurvedic ...

Court : Allahabad

Reported in : 2007(2)AWC1093

..... 2002.(ii) the copyright act, 1957. (iii) the design act. 2000.(iv) the geographical indications of goods (registration and protection) act, 1999.(v) the patents act, 1970.(vi) the protection of plant varieties and farmers rights act, 2001.(vii) the semiconductor integrated circuits layout design act, 2000.(viii) the trade marks act, 1999.i ..... .p.rs. are also dealt under two more areas namely, the trade secret and the indian contract act. we have yet to enact any statutory law governing the trade secret. however, we are protecting ..... manufacturers that certain exclusive privileges in their inventions should be granted to them in india, and that exclusive privileges obtained under the said act should be protected : it is enacted as follows):appendix-isections 3(a), 3(h) and 33eea of the drugs and cosmetics act, 1940, are as follows:3 .....

A.Kamarunnisa Ghori. Vs. the Chairperson Prevention of Money Launderin ...

Court : Chennai

..... -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, 1974paragraph-24offences under the air ..... follows:-paragraphoffencesparagraph-1certain offences under the indian penal code.paragraph-2offences under the arms act, 1959.paragraph-3offences under the wild life (protection) act, 1972paragraph-4offences under the immoral traffic (prevention) act, 1956paragraph-5offences under the prevention of corruption act, 1988paragraph-6offences under ..... the rights of children and women, who form part of the household of even those charged under the act, may have protection in terms of the constitutional provisions and international conventions relating to women and children. the validity of section 8(4) has .....

Nuziveedu Seeds Pvt. Ltd.,rep. by Its Dy Vs. Protection of Plant Varie ...

Court : Andhra Pradesh

..... , would depend upon our decision in the appeals. 2. these cases arise against the backdrop of the protection of plant varieties and farmers' rights act, 2001 (for brevity, 'the act'). this legislation was promulgated by the parliament for protecting the intellectual property rights of plant breeders and farmers over plant varieties developed by them. the scheme of the act provides for the authority constituted thereunder, viz., 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 asserted. the act and the rules framed thereunder enunciate the detailed procedure .....

Nuziveedu Seeds Ltd. And Ors. Vs.monsanto Technology Llc and Ors.

Court : Delhi

..... 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. the second issue is whether the injunction, though temporary, could have been granted, enjoining monsanto to not ..... 30th october 2001. this is a pioneering legislation that recognizes farmers contribution in conserving biodiversity and developing new plant varieties. india has consciously opted for a sui generis system of protection of plant varieties to recognize farmers age-old contribution in agriculture and agro-biodiversity. the four major underlying objectives of the act ..... , bacteria, or a whole microscopic living entity, is excluded from the bar of unpatentability, whereas every other part of a plant, variety or seed, cannot receive patent protection under the patents act.30. mr. sundaram cited the decision of the canadian supreme court in harvard college v canada (commissioner .....

Gene Campaign . Vs. Union Of India

Court : Supreme Court of India

..... lab, in original, as notified for the purpose. morphological characters using distinctiveness, uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra) guidelines for the hybrids. source of germplasm/ pedigree and biotech traits must be provided ..... , director general indian council of medical research, director general council of scientific and industrial research, director general health servies, plant protection adviser, directorate of plant protection, quarantine and storage, chairman, central pollution control board and three outside experts in individual capacity. (iv) member secretary ..... director general-indian council of medical research, director general-council of scientific and industrial research, director general-health services, plant protection adviser, directorate of plant protection, quarantine and storage, chairman, central pollution control board and three outside experts in individual capacity. iv. member secretary .....

Prabhat Agri Biotech Ltd. And Anr. Vs.registrar of Plant Varieties and ...

Court : Delhi

..... a unit with regard to its suitability for being propagated, which remains unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers variety and essentially derived variety. 26. protection of plant varieties and farmers rights authority and registry is established under section 3; its general functions are outlined in section 8. section 11 enacts ..... according to the provision is by the authority . the authority obviously is a reference to the w.p.(c) 250/2009 & 7102/2011 page 30 protection of plant varieties and farmers rights authority. this is under section 3(1). the entire section 3 and its sub-sections (2), (3) and (4) etc. ..... the power, which is destructive of the rule of law and contrary to article 14 of the constitution of india. section 24(5) of the protection of plant varieties and farmers rights act, 2001, is, therefore, declared void. the writ petitions are allowed in these terms; however, there shall be no order .....

Monsanto Technology Llc and Ors. Vs.nuziveedu Seeds Limited & Ors.

Court : Delhi

..... , its preamble emphasizing its objectives as to encourage the development of new varieties of plants and to protect the rights of the breeders. any new variety created is registrable under section 15 of the plant varieties act. section 2(za) of plant varieties act defines variety to include a non-transgenic variety or a transgenic variety, that includes a plant variety containing the nucleic acid sequence developed by the defendants.89. in the ..... 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 .....

Maharashtra Hybrid Seeds Co Ltd Vs. Uoi and ors

Court : Delhi

..... -related aspects of intellectual property rights (trips) in 1994 requiring it to make provisions for giving effect to various articles of the agreement relating to protection of plant varieties. the protection of plant varieties and farmers rights act, 2001(the act) was thus born. the act received the assent of the president of india on 30.10.2001, ..... be assigned. thus, we are talking about a period of more than a year, which is stated to be realistic. so much for the interest in protection of plant varieties and rights of farmers! 6. we need to only emphasize what we have observed in our order dated 21.02.2013. prior to the introduction and ..... of agriculture and cooperation, ministry of agriculture referred to only the aforesaid dates and the factum of the ministry of agriculture being the nodal ministry for protection of plant varieties and farmers rights authority. it appears that the first communication in this behalf was addressed only vide letter dated 02.07.2009 to the department of .....

Pioneer Overseas Corporation vs.chairperson, Protection of Plant Varie ...

Court : Delhi

..... at new delhi % judgment delivered on:01. 07.2019 + w.p.(c) 6470/2013 & cm no.14085/2013 pioneer overseas corporation ........ petitioner versus chairperson, protection of plant varieties and farmers rights and ors ........ respondents + w.p.(c) 6208/2014 & cm no.15019/2014 and pioneer overseas corporation ........ petitioner versus union of india & ors ..... the authority. w.p.(c) 6470/2013 & 6208/2014 page 26 of 49 36. at this stage, it is also relevant to refer to protection of plant varieties and farmers rights (criteria for distinctiveness, uniformity and stability for registration) regulations, 2009 (hereafter 2009 regulations ). regulation 4 of the 2009 regulations provides that ..... property rights (trips agreement). in terms of paragraph 3(b) of article 27 of the trips agreement all members were required to provide for protection of plant varieties either by patents or by an effective sui generis system or by any combination thereof .20. as explained in emergent genetics india pvt. ltd. .....