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 ..... or assets, out of which or by means of 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 person on behalf of any other person, a copy of such ..... chairperson {w.p.no.530 of 2011 dated 1.4.2011} in support of his contention that the petitioners ought to have gone to the appellate tribunal under the act. .....
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 : Andhra Pradesh
..... 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. ..... 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. ..... 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. ..... canvassed with regard to the breach of procedure adopted by the 1st respondent earlier also by the very same writ petitioner, who has raised objections with regard to five varieties while no objections were raised with regard to four other varieties, and hence the fairness and legality of the procedure adopted by the 1st respondent in taking out the advertisement with regard to the applications lodged earlier by the 2nd respondent was the subject matter ..... 2010 was also heard, in view of similarity of contentions, by a division bench comprising of my lord hon'ble the chief justice and hon'ble sri justice p.v.sanjay kumar. .....
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. ..... underlining that agriculture is dependent on nature unlike industry which is not so dependent and in fact is a product of man made effort, and requires examination of the process at an intellectual level, the union emphasizes that rule 29 (1) (c) of the protection of plant varieties and farmers' right rules ("the rules" hereafter) requires multi location field test for 2 crop seasons for every variety that claims protection. ..... section 11 too does not help the respondents, or the intervener because it confers limited powers of a civil court, upon the registrar, i.e, (a) for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses and (b) to make such orders as to cost as it considers reasonable and any such order shall be executable as a decree of a civil court. ..... since the chairperson/members of the ntt will be required to determine substantial questions of law , arising out of decisions of the appellate tribunals, it is difficult to appreciate how an individual, well-versed only in accounts, would be able to discharge such functions. .....
Tag this Judgment!Court : Delhi
..... plant varieties under the protection of plant varieties and farmers rights act, 2001 (hereafter called the pv act ..... (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... ..... nuziveedu would be liable to tender, and pay, the trait fee to monsanto, for the use of the suit patent and trademarks, at such rates as are in accord with the prevalent local laws, as in force or revised from time to time; and (iii) upon being suitably notified, be obliged to execute necessary documents so as to render the contract(s) in accord with the "gm technology (gm trait) licensing agreement" as prescribed under the "licensing and formats for gm technology agreement guidelines ..... upon being suitably notified, be obliged to execute necessary documents so as to render the contract(s) in accord with the "gm technology (gm trait) licensing agreement" as prescribed under the "licensing and formats for gm technology agreement guidelines, 2016", notified by the .....
Tag this Judgment!Court : Supreme Court of India
..... , uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra ..... it is imperative for states like india, to uphold their obligations under international law, including their responsibilities to mitigate greenhouse gas emissions, adapt to climate impacts, and protect the fundamental rights of all individuals to live in a healthy and sustainable environment.48.6 in this context, i would also like to refer to the relevant articles of the cartagena protocol on biosafety to the convention on biological diversity which specifically deals ..... 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, ..... of the principles of environmental rule of law, the bodies, authorities, regulators, and executive offices entrusted with environmental duties must function with the following institutional features: writ petition ..... collector chairman (ii) factory inspector member (iii) a representative of the pollution control board member (iv) chief medical officer (district health officer) member (convenor) writ petition (civil) no.115 of 2004 etc ..... chairperson ..... 2001 .....
Tag this Judgment!Court : Delhi
..... the protection of plant varieties and farmers rights act, 2001(the act) was thus born. ..... we may, however, add that in 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 the gazette on 12.09.2003. ..... the petitioner filed an 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. ..... now coming to the sub-rules enacted in pursuance to 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 36. ..... 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
..... 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 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 ..... one counter claim (cc502016) invoking order viii rule 6a read with section 151 cpc and section 34 of the specific relief act, 1963 prayed for a declaration that the sub-licensing agreements (of 2015) executed by the plaintiffs in their favour are valid, binding and in force and consequently, the defendants being entitled to all the rights and benefits thereunder, as modified in accordance with article 11.03 without any limitation besides a direction to the third plaintiff to perform its obligation accordingly. .....
Tag this Judgment!Court : Delhi
..... 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 ). ..... 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. ..... petitioner versus chairperson, protection of plant varieties and farmers rights and ors ........ ..... 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. ..... 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. .....
Tag this Judgment!Court : Delhi
..... 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 ). ..... 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. ..... petitioner versus chairperson, protection of plant varieties and farmers rights and ors ........ ..... 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. ..... 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. .....
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