Court : Delhi
..... 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 ..... 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 ..... (2) the authority shall after advertising the posts in the employment news and at least one national daily recruit officers and other employees of the authority by the method of direct recruitment or contract basis by selection after ..... of appointment of officers and other employees of the authority. ..... (3) notwithstanding anything contained in subrule (1) and subject to the approval of the central government the authority may also appoint such other officers and employees as may required by it on transfer or deputation basis or on ..... (4) the salary, allowances and other conditions of service of the officers and employees of the authority shall be the same as applicable to central government servants of ..... it is contended that the problem arises because of sub-rule 3 as per which the appointments of such other officers and employees as may be required can only be on transfer or deputation or on contract basis in case the posts are not included in the 4th schedule of .....
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 ..... (2) the director, or any other officer not below the rank of deputy director, shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession referred to in that sub-section, to the adjudicating authority, in a sealed envelope, in the manner as may be prescribed and such adjudicating authority shall keep such order and material for such period as may be prescribed. .....
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. ..... the respondent company has its registered office at mumbai and its applications for registration of its plant varieties were filed in new delhi where the competent authority has its head office. ..... house of lords explained the ambit of the principle 'forum non conveniens' for issuing an order of stay: "(1) the fundamental principle applicable to both the stay of english proceedings on the ground that some other forum was the appropriate forum and also the grant of leave to serve proceedings out of the jurisdiction was that the court would choose that forum in which the case could be tried more suitably for the interests of all ..... 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
..... 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. ..... (2) if a part of cause of action arises within the territory of the state, the jurisdiction of this court can be invoked though the authority who took the decision may have been stationed beyond the territorial limits of the state. ..... although the origin of this doctrine in anglo-american law is somewhat obscure, however, most authorities are in agreement that this doctrine found its earliest expression in scottish estate cases. ..... 8031 of 2010 that a writ of certiorari cannot be issued to the competent authority as the same is not situated within the territorial limits of the state. .....
Tag this Judgment!Court : Delhi
..... section 24(5) of the protection of plant varieties and farmers rights act, 2001, is, therefore, declared void. ..... neither the act nor the rules spell out the qualifications that an individual ought to possess for appointment as registrar [a term or office which includes the registrar-general of plant varieties under section 12(3) as expanded by rule 2(j)].. ..... the term of office and the conditions of service of the registrars- (1) a person having adequate practical knowledge of plant variety protection system and post-graduation in agricultural science (with specialization in plant breeding and genetics, biotechnology, agriculture botany etc. ..... 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. ..... the definition of judicial member in section 55(2) is one who has for at least ten years held a judicial office or has been a member of the indian legal service and held any grade-ii post of that service for at least three years or is an advocate for at least 12 years. ..... (3) a person holding the office of the registrar may relinquish the office by giving in writing to the authority notice of not less than three months. .....
Tag this Judgment!Court : Delhi
..... 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. ..... subsequent correspondence between the patent office and monsanto resulted in exclusion of plants, plant cells, tissues and progeny plant containing the nucleic acid sequence as well as plants created through an essentially biological process (excluded on account of section 3(j)). ..... cited by monsanto are concerned, in pioneer hi-bred, (supra) the supreme court of canada held that the commissioner correctly rejected a patent application claiming a new variety of soybean resulting from artificial cross-breeding and 14guidelines for examination of biotechnology applications for patent, office of the controller general of patents, designs and trade marks, march 2013, available at: http://www.ipindia.nic.in/writereaddata/portal/ipoguidelinesmanuals/1_38_1_4-biotech- guidelines.pdf(last accessed on 03.03.2017) fao (os) (comm ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
..... uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra ..... prevention of accidents which may cause environmental pollution and remedial measures for such accidents; (vii) laying down procedures and safeguards for the handling of hazardous substances; (viii) examination of such manufacturing processes, materials and substances as are likely to cause environmental pollution; (x) inspection of any premises, plant, equipment, machinery, manufacturing or other processes, materials or substances and giving, by order, of such directions to such authorities, officers or persons as it may consider necessary ..... 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, ..... geac is occupied by a person of the rank of additional secretary to the government of india and the vice chairman is the member of the department of biotechnology, however, other members such as in clause (iii) while being government employees, possibly are still members working in specialized departments whose knowledge and expertise would be relevant to the functioning 70 | w.p ..... 2001 .....
Tag this Judgment!Court : Delhi
..... the protection of plant varieties and farmers rights act, 2001(the act) was thus born. ..... in view of our order 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 act. ..... two other examples of such negative connotation have been stated to be the proviso to section 34 (2) of the arbitration & conciliation act, 1996 and section 20 (3) of the sales tax act, 1956.51. ..... it appears that the second judgement is being relied upon only in the context that not only is there a prohibition to do certain acts under section 21 (2) of the said act but the consequences of not doing the same confers an immunity on the other side in view of section 24 (1) of the said act.42. ..... this is so as the provisions of the limitation act apply only to proceedings in court and not to bodies other than courts such as quasi-judicial tribunals or executive authorities notwithstanding the fact that such authorities may be vested with certain specified powers conferred on courts [reference: sakuru vs. .....
Tag this Judgment!Court : Delhi
..... 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 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 ..... the suit patent, thus, would have to be tested on the anvil of the specifications of the suit patent as has been granted by the indian patent office, section 48 of the patents act 1970 generally conferring on the patentee (the plaintiffs) "the exclusive right to prevent third parties" from the act of "making, using, offering for sale, selling or importing" such product or process as is the subject matter of the patent, in india, ..... had been licensed by the first plaintiff and had full right and authority subject to obtaining necessary regulatory approval to further sub-license monsanto technology to sub-licensee, the grant of the sub-license by the agreement being on account of the sub- licensee being interested in licensing the monsanto technology from the sub-licensor and the latter being agreeable to so grant sub .....
Tag this Judgment!Court : Delhi
..... 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 ..... 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 ). ..... concededly, both the varieties (kmh-50 and 30v92) are extant varieties within the meaning of clause (j) of section 2 of the act which is set out below:-" (j) extant variety means a variety available in india which is (i) notified under section 5 of the seeds act, 1966 (54 of 1966); or farmers variety; or (ii) (iii) a variety about which there is common knowledge; or (iv) any other variety which is in public ..... that during the said visit, the said employees had observed maize plants being grown at dus test centre, which were similar to pioneer s variety 30v92. ..... referred to in sub-section (1) shall be filed in the office of the registrar. .....
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