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. .....
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..... 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. .....
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..... 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 .....
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..... 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... .....
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..... 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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..... protection of plant varieties and farmers rights act, 2001(the act ..... 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 ..... 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 ..... 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 ..... 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 ..... 4527-2010 & 640-2012 page 11 of 40 held to be applicable in case of notice of opposition under section 21(2) of the said act and / or a direction to make necessary amendments in the act and rules incorporating the provision for extension of time for notice of opposition, counter evidence in view of what was sought to be urged on behalf of union of india in wp(c) no.4527 .....
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..... protection of plant varieties and farmers rights act, 2001(the act ..... 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 ..... 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 ..... 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 ..... 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 ..... 4527-2010 & 640-2012 page 11 of 40 held to be applicable in case of notice of opposition under section 21(2) of the said act and / or a direction to make necessary amendments in the act and rules incorporating the provision for extension of time for notice of opposition, counter evidence in view of what was sought to be urged on behalf of union of india in wp(c) no.4527 .....
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..... 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 ). ..... pioneer 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. ..... he referred to regulation 11 of the protection of plant varieties and farmers rights regulations, 2006 (hereafter the 2006 regulations ) and submitted that the test referred to under section 19(1) of the act was only for the purpose to evaluate whether the seeds, submitted alongwith the application, conform to the standards as notified under the seeds act,1966. ..... this is clear from the provisions of section 24(1) of the act, which expressly provides that the registrar shall register the variety and issue a certificate of registration in cases where an application for registration of a variety (other than an essentially derived variety) has been accepted and either (a) the application has not been opposed and the time of notice of opposition has expired; or (b) the application has been opposed and opposition has been rejected.46. .....
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..... 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 ). ..... pioneer 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. ..... he referred to regulation 11 of the protection of plant varieties and farmers rights regulations, 2006 (hereafter the 2006 regulations ) and submitted that the test referred to under section 19(1) of the act was only for the purpose to evaluate whether the seeds, submitted alongwith the application, conform to the standards as notified under the seeds act,1966. ..... this is clear from the provisions of section 24(1) of the act, which expressly provides that the registrar shall register the variety and issue a certificate of registration in cases where an application for registration of a variety (other than an essentially derived variety) has been accepted and either (a) the application has not been opposed and the time of notice of opposition has expired; or (b) the application has been opposed and opposition has been rejected.46. .....
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