Plant Variety Protection

SpicyIP Weekly Review (8 April- 14 April)

Here is our recap of last week’s top IP developments including summaries of posts on the India- EFTA TEPA, AP High Court’s curious findings on fair use, and Delhi High Court’s order imposing INR 1 lakh as damages on Google for failing to disclose information about their corresponding foreign applications. Anything we are missing out on? Drop a comment below to let us know. Highlights of the Week EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and […]

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Section 24(5) of the Plant Varieties Act Revived?

[This post is authored by SpicyIP Intern Vishno Sudheendra. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here.] On 22nd February 2024, the Delhi High Court, in UPL Limited v. Registrar & Anr. (“UPL judgment”), made observations that prima facie revived Section 24(5) of the Protection of Plant Varieties and Farmers Rights Act, 2001 (“PV Act”). Some readers may know this section has had a recently troubled past. In 2016, a Division

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SpicyIP Weekly Review (January 8-January 14)

Here is a brief recap of IP developments from last week. Do read our summaries of the post about a party seeking help from gods in a trademark dispute and the post on Makemytrip ad words case. Blogposts Angering the Gods: A Relook at the VBM Trademark Infringement Case Holy Trinity of Hindu Gods against trademark infringement allegations? Recently, in a trademark infringement dispute, the defendant pleaded that the impugned VBM mark was an acronym for the trinity of Hindu

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The Taste of Triumph: Lays Sweeps Potato Variety IP Dispute

Lays Bags the Win A division bench (DB) consisting of Justice Yashwant Varma and Justice Dharmesh Sharma has nullified on 09 January 2023, the single bench’s (SB) ruling from 05 July, 2023 (discussed by Niyati here) and the order of the Authority established under Protection of Plant Varieties and Farmers’ Rights Act (PPVFRA), 2001, along with its letter dated February 11, 2022, which denied PepsiCo’s application for the renewal of patent registration on a potato seed variety- FL 2027.  Before

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Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds

Recently, the Delhi High Court clarified that the distinctness, uniformity and stability (DUS) testing is a must before a plant variety registration application can be advertised by the Plant Varieties and Farmers’ Rights Authority. SpicyIP Intern Veda Chawla discusses this order. Vedika is a third-year B.A.LL.B. (Hons.) student at National Law University, Delhi. Her previous posts can be accessed here. Nuziveedu v. Plant Varieties Authority: Reaping the Fruits of Pioneer’s Seeds By Vedika Chawla In an artfully written judgement, The Delhi

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Comments on Draft IPR Division Rules of High Court at Calcutta, 2023

[This post is co-authored by SpicyIP Intern Pranav Aggarwal, Praharsh and Swaraj. Pranav is a second-year student pursuing B.A.LL.B.(Hons) at Rajiv Gandhi National University of Law, Punjab. He has a keen interest in commercial laws, especially in IP and allied fields. His previous post can be accessed here.] [Edit: Our final submissions co-authored by Praharsh Gour, Pranav, Swaraj, and Malobika Sen were sent in on 5th January, and can be viewed here.] On December 19, 2023 the High Court at Calcutta published the

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SpicyIP Weekly Review ( August 14 – August 20)

Last week was full of exciting discussions on the blog. Niyati wrote on the Delhi High Court order rejecting the appeal against Pepsico’s potato plant variety revocation order. Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. We also had a guest post by Aditya Gupta on the Delhi High Court Division Bench’s order in Google v. DRS Logistics. Anything important we’re missing out on? Drop us a comment below!  This Weekly Review is co-authored

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Chip and Del(hi) High Court: Pepsico Loses Appeal on Famous Potato Chip Plant Variety

On July 5, the Delhi High Court dismissed an appeal by PepsiCo India Holdings against an order passed by the Protection of Plant Varieties and Farmers’ Rights Authority in 2021, thereby effectively revoking Pepsico’s registration of the FL 2027 potato variety. The revocation application was filed by notable farmers’ rights activist, Kavitha Kuruganti, who is associated with the Alliance for Sustainable And Holistic Agriculture (ASHA), an organisation which aims to strengthen sustainable agricultural livelihoods. Kuruganti had previously accused Pepsico (apparently,

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SpicyIP Weekly Review (July 3- July 9)

Last week, we had some interesting discussions on the blog and saw some important IP development across the courts. We featured a total of 5 posts discussing 2 significant orders from the Karnataka High Court on Twitter’s writ petition against blocking orders issued by the GOI, and on the copyright infringement complaint filed against the Indian National Congress. We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality

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SpicyIP Weekly Review (June 5- June 11)

Last week saw some interesting IP developments. The Bombay High Court passed two important orders related to the assignment of copyright, and the Calcutta High Court passed a first-of-its-kind order on the Plant Varieties Act, granting an interim injunction to the plaintiff. Read on below for an update on these as well as other developments and discussions that took place on the blog in the last week. Anything important we’re missing out on? Drop us a comment below! Highlight of

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