Category Archives: Plant Variety Protection

Copyright Others Patent Plant Variety Protection Trademark

A Petition to Shutdown the IPAB and Shift Its Functions to High Courts and Commercial Courts

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A few weeks ago we had an interesting series of posts on SpicyIP, debating the role of the Intellectual Property Appellate Board (IPAB) and whether it should continue to exist. Along with our former blogger Rahul Bajaj, who is currently a Rhodes Scholar at Oxford, I have drafted the petition below requesting the government to consider a proposal to scrap the IPAB and transfer its functions back to commercial courts and High Courts. We intend to send it to the…


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Patent Plant Variety Protection

Patents and Plant Variety: Development from Brazil

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In this post, I intend to provide my views on the recent judgment of the Superior Court of Brazil (the highest Court in Brazil) dated October 9, 2019 on the overlap (or non-existence thereof) between patent law and plant variety law. Disclaimer 1. I represent Monsanto in India in ongoing litigations on related and unrelated issues. Accordingly, I will not express any views on the position in India; 2. This post is based on a rough/uncertified translation of the judgment,…


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Others Plant Variety Protection

PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia 

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We’re pleased to bring to your notice two PhD scholarship opportunities for the Australian Research Council funded project on ‘Food security and the governance of local knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia. The deadline for applications is November 30, 2019. For further details, please see the announcement below: PhD Scholarship for Project on ‘Food Security and the Governance of Local Knowledge in India and Indonesia’ at the University of Newcastle (UON), Australia  The aim…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part III)

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In Part-I and Part-II, I had previously shared a summary of the Public Notice 01/2019 as well as my views on whether (and the extent to which) the said notice is ultra vires. In this Part-III, I intend to take the discussion forward with only one other point Why Only Single Cross Hybrids? Readers may recollect that in the previous posts, I referred to a pictogram to illustrate and differentiate a parent from a hybrid. Those images reflected a single…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part II)

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In Part-I of this three-part post, I provided a brief summary of the compound system of registration for parents and hybrids, created under the Public Notice 01/2019 of the PPV Authority. I had offered my view that the notice is ultra vires as far as it affects the term of protection for hybrids. I had ended it by noting prima facie that the notice may also appear ultra vires as far it links the eligibility criteria between parents and hybrids,…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part I)

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The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPV Act) is probably one of the least understood IP laws in this country. Arbitrary and ultra vires actions of the PPV authority certainly don’t help the cause, irrespective of whether the motive is right or wrong. In this case, I am referring to Public Notice 01/2019 published in May 2019 and clarified in a certain meeting with stakeholders in August 2019. To the best of my knowledge, there is…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: The Story of ‘Sona Moti’

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares the story of a variety of wheat recently named Sona Moti. In way of context, the post briefly describes the current revival of ancient grains globally, specifically Emmer wheat varieties. The story of Sona Moti demonstrates the issues of traceability in variety development and the importance of intellectually property-broad. The Story of Sona Moti Natalie Kopytko…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Model Farms and Farmers in Seva

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In the next post in the ongoing series on The Sustainable Seed Innovations Project, Natalie Kopytko, Post-Doctoral Research Associate at University of Leeds shares stories of farmers creating model farms to educate others about natural farming methods. The cultivation techniques are a crucial aspect to sustainable innovations; moreover, this story discusses community support and socio-economic sustainability. Model Farms and Farmers in Seva Natalie Kopytko Cultivation of traditional varieties, often termed Desi seeds, require no external inputs (chemical fertilizers or pesticides)….


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations – Ethical Issues (Part IV)

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Rolling out DLT/Blockchain Based Solutions for Sustainable Seed Innovations: Ethical Issues to be Considered Mrinalini Kochupillai As discussed in Prong 3, blockchains/DLTs are essentially platforms that help manage data, and when designed and governed using appropriate models, can help solve problems of trust, traceability and equitable data collection, storage and use. Blockchain/DLT can also support and facilitate payments (including royalty payments) of equitable compensation to those sharing their data. Blockchains can be public or private (or a combination of public…


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Innovation Plant Variety Protection Traditional Knowledge

The Sustainable Seed Innovations Project: Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III)

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Supporting a Smooth Implementation of the Three-Pronged Approach to Sustainable Seed Innovation – Legal & Ethical Issues (Part III) Mrinalini Kochupillai (iii) Seed Certification, Safety and Efficacy: Re-distributing responsibilities and rewards India’s Seeds Bill[1] that has been pending since 2004, aims to establish certain systems that can facilitate the emergence of regional, national as well as international markets for indigenous/heterogenous seeds. For example, the mandatory seed certification requirement can help farmers and farmer groups get their varieties quality tested and…


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