Court : Delhi
..... as per provisions of chapter vi section 54(ii) ppv&fr act, 2001, the plant varieties protection appellate tribunal having judicial powers to dispose of appeals made against orders and decision of plant varieties and farmers right authority has not been established as yet. ..... this is more so in case of special legislation such as patents act, 1970 and the protection of plant varieties and farmers' right act, 2001. ..... the transitional provision under section 59 of ppv&fr act, 2001 which says:-"transitional provision :-"as contained under section 59 of ppv&fr, act-2001 notwithstanding anything contained in this act, till the establishment of the tribunal under section 54, the intellectual property appellate board established under section 83 of the trade marks act, 1999 shall exercise the jurisdiction, powers and authority conferred on the tribunal under this act subject to the modification that in any bench of such intellectual property appellate board constituted for the purposes of this section for the technical .....
Tag this Judgment!Court : Delhi
..... protection of plant varieties and farmers rights act, 2001(the act) ..... the assistant commissioner (seeds), department 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. ..... application under the said act to register its novel variety of cotton, which application was published by the protection of plant varieties and farmers rights authority (the said authority for short) in the plant variety journal dated 01.09.2008. ..... dated 21.02.2013, the 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 ..... section 59 is a transitional provision requiring the intellectual property appellate board (ipab) established under section 83 of the trade marks act, 1999 to exercise jurisdiction of the tribunal till the tribunal is established under section 54 of the said act but requiring a technical member to be appointed under the said act who would be deemed to be a technical member for constituting a bench under section 84(2) for the purposes of this act .....
Tag this Judgment!Court : Delhi
..... protection of plant varieties and farmers rights act, 2001(the act) ..... the assistant commissioner (seeds), department 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. ..... application under the said act to register its novel variety of cotton, which application was published by the protection of plant varieties and farmers rights authority (the said authority for short) in the plant variety journal dated 01.09.2008. ..... dated 21.02.2013, the 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 ..... section 59 is a transitional provision requiring the intellectual property appellate board (ipab) established under section 83 of the trade marks act, 1999 to exercise jurisdiction of the tribunal till the tribunal is established under section 54 of the said act but requiring a technical member to be appointed under the said act who would be deemed to be a technical member for constituting a bench under section 84(2) for the purposes of this act .....
Tag this Judgment!Court : Delhi
..... has also filed an application with protection of plant varieties and farmers rights authority (hereafter the authority ) under section 24(5) of the act, inter alia, claiming that kmh50 was identical to 30v92 and the two varieties are one and the same and further w.p. ..... the test to be conducted for evaluation of a variety to be referred under the act shall conform to the criteria of distinctness, uniformity and stability test guidelines published by the authority in the journal of protection of plant varieties and farmers rights authority and shall be revised and updated from time to time with the prior information to the ..... s application for conducting special test was rejected by the registrar, protection of plant varieties and farmers rights authority (hereafter registrar ) by an order dated 27.08.2013 on the sole ground that the two varieties of maize (kmh50 and 30v92) were found to conform to the criteria of distinctiveness, uniformity and stability pursuant to the tests conducted in this regard (hereafter dus ..... act was enacted to establish the effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants as indicated by the preamble of the act. ..... 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 ). .....
Tag this Judgment!Court : Delhi
..... has also filed an application with protection of plant varieties and farmers rights authority (hereafter the authority ) under section 24(5) of the act, inter alia, claiming that kmh50 was identical to 30v92 and the two varieties are one and the same and further w.p. ..... the test to be conducted for evaluation of a variety to be referred under the act shall conform to the criteria of distinctness, uniformity and stability test guidelines published by the authority in the journal of protection of plant varieties and farmers rights authority and shall be revised and updated from time to time with the prior information to the ..... s application for conducting special test was rejected by the registrar, protection of plant varieties and farmers rights authority (hereafter registrar ) by an order dated 27.08.2013 on the sole ground that the two varieties of maize (kmh50 and 30v92) were found to conform to the criteria of distinctiveness, uniformity and stability pursuant to the tests conducted in this regard (hereafter dus ..... act was enacted to establish the effective system for protection of plant varieties, the rights of farmers and plant breeders and to encourage the development of new varieties of plants as indicated by the preamble of the act. ..... 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 ). .....
Tag this Judgment!Court : Chennai
..... justice (care 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, 1974paragraph-24offences ..... , the main grounds on which the petitioners in all these writ 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 attached the properties owned by the family members of the accused ..... the order of attachment reaching finality, upon the establishment of guilt of the accused before the trial court, is the third stage.56. .....
Tag this Judgment!Court : Andhra Pradesh
..... these 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 asserted. ..... this legislation was promulgated by the parliament for protecting the intellectual property rights of plant breeders and farmers over plant varieties developed by them. ..... it 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. ..... 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. ..... secretary of state for the home department12, the house of lords observed: 'the doctrine of forum non-conveniens' is a good example of a reason, established by judicial authority, why a court should not exercise the jurisdiction that (in the strict sense) it possesses. ..... it 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
..... 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. ..... a writ of mandamus is solicited for declaring 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. ..... i consider that it is important to notice the following principles, that emerge from the judgment rendered on 24.1.2012 by the division bench: (1) in order to maintain a writ petition, the petitioner has to establish that the legal right claimed by him has prima facie either been infringed or is threatened to be infringed by the respondent and that would provide the necessary cause of action for invocation of a legal remedy. ..... the doctrine of forum conveniens (or forum non conveniens) is invoked by a court in exercise of its sound discretion by rejecting to adjudicate or pronounce upon a particular dispute even though jurisdiction and proper venue were established by the suitor. .....
Tag this Judgment!Court : Delhi
..... section 24(5) of the protection of plant varieties and farmers rights act, 2001, is, therefore, declared void. ..... (c) 250/2009 & 7102/2011 page 30 protection of plant varieties and farmers rights authority. ..... protection of plant varieties and farmers rights authority and registry is established under section 3; its general functions are outlined in section 8. ..... given the importance of the act, there is enormous danger in empowering authorities with unguided and uncanalized power through provisions that can implicate livelihoods and limit or impair food access to tens of thousands- potentially hundreds of thousands of farmers and users of plant varieties. ..... the impugned provision gives scope to maharashtra seeds and others to subvert the due process of law by filing application against any third party s genuine products, even without establishing their ip rights on the products and even when their application for registration of the product for protection could be rejected by the authorities after due process, examination, evaluation, evidence, opposition etc. .....
Tag this Judgment!Court : Delhi
..... cotton plant varieties under the protection of plant varieties and farmers rights act, 2001 (hereafter called the pv act ).10. ..... the related 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. ..... pursuant to 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. ..... so viewed, india s commitment to trips, especially its commitment to enact a sui generis law, the enactment of the pv act and its conscious exclusion of patent protection to matters falling within section 3 (j) are to be construed as an expressed 18national biodiversity authority, faqs (available at: http://nbaindia.org/content/19/16/1/faq.html) (last accessed on:05. ..... monsanto argues that infringement by use of the patented invention in claims 25 to 27 is established because nuziveedu admits that their cotton varieties and hybrid exhibit bt. ..... it is well established that there can be no estoppel or waiver of statutory rights; in the field of taxation it is, for instance recognized that mere payment of amounts extracted under pretence of lawful levy do not preclude challenge to the collection at a later stage: state of punjab & anr v devans modern brewaries ltd 2004 (11) .....
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