Court : Andhra Pradesh
..... 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. ..... 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. ..... 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. ..... depending upon the sustainability of the objections, the variety can be registered pursuant to which rights get conferred on the breeder to produce, sell and market, distribute, import or export the said variety exclusively in terms of section 28 of the act. ..... an application must be made to the registrar and the variety sought to be registered conforms to the criterion of novelty, distinctiveness, uniformity and stability, the same becomes entitled to be registered in accordance with section 15 of the act. .....
Tag this Judgment!Court : Supreme Court of India
..... paragraph24offences under the protection of plant varieties and farmers rights act, 2001 (53 of 2001) section description of offence 70 read with penalty for applying false denomination, etc. ..... of food adulteration act, 1954; (vii) section 10c of the essential commodities act, 1955; (viii) section 138a of the customs act, 1962; (ix) section 43e of the unlawful activities (prevention) act, 1967; (x) section 98-b of the gold (control) act, 1968; (xi) section 57 of the wild life (protection) act, 1972; (xii) section 18 of the foreign exchange regulation act, 1973; (xiii) sections 35 and 54 of the narcotic drugs and psychotropic substances act, 1985; (xiv) sections 3c and 3d of the epidemic diseases act, 1897; (xv) section 21 of the terrorist and disruptive activities (prevention) act, 1987; (xvi) section 20 of the prevention of corruption act, 1988; and (xvii) sections 29 and 30 of the protection of children .....
Tag this Judgment!Court : Delhi
..... section 24(5) of the protection of plant varieties and farmers rights act, 2001, is, therefore, declared void. ..... protection of plant varieties and farmers rights authority and registry is established under section 3; its general functions are outlined in section 8. ..... section 24 (5) of the protection of plant varieties & farmers rights act as cast at present may undoubtedly be an adequate remedy to prevent abusive practices (assuming that what is abusive can be defined over a period of time); yet the danger of abuse of the provision itself and the attendant (likely) long term injury to innocent breeders, farmers and those in the business of development of hybrids and plant varieties far outweighs its benefits, in view of the unguided nature of the power, which is destructive of the rule of law and contrary to article 14 of the constitution of india. ..... (c) 7102/2011 challenge the vires of section 24(5) of the protection of plant varieties & farmers rights act (hereafter "the act"). in w.p. ..... it is quite apparent that in consonance with its objectives, the act made numerous provisions elaborately spelling out and protecting breeders and farmers rights in respect of new varieties and even extant varieties and plant species, seeds etc. .....
Tag this Judgment!Court : Delhi
..... the registrar of the plant and varieties appointed under section 12(4) of the protection of plant varieties and farmers rights act, 2001 has passed an order dated 21.10.2016 (hereafter the impugned order ) to the aforesaid effect rejecting the ..... the petitioner had applied for registration of two wheat varieties referred to as w6001 and w6301 under the protection of plant varieties and farmers rights act, 2001 (hereafter the act ). ..... respondent no.2 (the protection of plant varieties and farmers rights authority) sent a letter calling upon the petitioner to pay the renewal fee for the extended period of registration at a flat rate of 80,000/- per year for each variety for renewal of ..... rule 39 of the protection of plant varieties and farmers rights rules, 2003 (hereafter the said rules ) provides for the renewal fee to be computed based on the average annual fee levied during ..... the amount of fees payable in respect of the registration of plant varieties and grant of any right under the act or any application or notice of opposition or reply or counter reply required to be filed under the act and other matters shall be as per the rates specified in the ..... from the plain reading of rule 8(1) of the said rules, that the rates specified in the second schedule to the said rules are in respect of (i) registration of plant varieties; (ii) grant of any right under the act; or (iii) any application or notice of opposition; or (iv) reply; or (v) counter reply required to be filed under the act. .....
Tag this Judgment!Court : Delhi
..... learned counsel for the petitioner has in response pointed out section 6 of the protection of plant varieties and farmers rights act, 2001 and as per which authorities may appoint various officers and employees who are necessary for the efficient performance of its functions. ..... the respondents however issued a show cause notice/office memo dated 15/18.06.2012 stating that since the appointments of the petitioners were in violation of rule 20 of the protection of plant varieties and farmers rights rules, 2003, action will be taken in accordance with the rules. ..... petitioners in these writ petitions were appointed by the statutory authority under the protection of plant varieties and farmers act, 2001(ppv & fr act). ..... versus chairman , protection of plant varieties and farms rights authority and ors. .... ..... versus the chairperson, protectiion of plaint varieties and farms rights authority and ors .... ..... in my opinion, in view of the peculiar facts and circumstances of the case, it would be advisable for the concerned authority to examine the impact of sub rule 3 of rule 20 and also as to whether the same can in any manner constrict the operation of section 6 of the impugned parent act inasmuch as the said provision of section 6 does not bar appointments by direct recruitment on and after creation of posts, in terms of the necessary approval from the central government.8. .....
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 : 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 : 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 : Delhi
..... cotton plant varieties under the protection of plant varieties and farmers rights act, 2001 (hereafter called the pv act ).10. ..... however, the insertion of section 3 (j) which excluded plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals and the simultaneous enactment of the pv act meant that facially, the parliament intended not to afford intellectual property protection in the form of patents, to processes and products that would otherwise be called inventions and be entitled to patents. ..... , which 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... .....
Tag this Judgment!Court : Delhi
..... is more so in case of special legislation such as patents act, 1970 and the protection of plant varieties and farmers' right act, 2001. ..... 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 ..... cases relating to the patents act, the bench shall comprise of a judicial member and a technical member (patents); for cases relating to the trade marks act, the bench shall comprise of a judicial member and a technical member (trade marks); for cases relating to the copyright, the bench shall comprise of a judicial member and a technical member (copyright) and for cases relating to the plant varieties protection, the bench shall comprise of a judicial member and a technical member (plant varieties protection). ..... jurisdiction to deal with the matters under the patents act, trade marks act, copyright act and plant varieties protection act. ..... jurisdiction to deal with the matter under the patents act, trade marks act, copyright act and plant varieties protection act. ..... cue must be taken from the consumer protection (amendment) bill, 2001 which brought in a change to the scheme of the consumer protection act, 1986 by adding sub-section (1b) to section 16 and sub-section (1a) to 20, which empowers the president of the state commission/national commission to constitute a bench with one or .....
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