Category Archives: Plant Variety Protection

Plant Variety Protection

Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)?


We are pleased to bring to you the fourth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. The earlier posts in the series can be viewed here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part I)? Prof. (Dr.) N.S. Gopalakrishnan Introduction It is well documented that informal innovation in plant breeding by traditional farmers is one of the most important components of sustainable agriculture. It involves…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (III): Setting Arbitrary DUS Standards For Extant Varieties?


We are pleased to bring to you the third post in an ongoing series of perceptive posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. The first and second post in the series can be viewed here and here. Problems with the Indian Plant Varieties Regime (III): Setting Arbitrary DUS Standards For Extant Varieties? Prof. (Dr.) N.S. Gopalakrishnan A new plant variety is registered under the Protection of Plant Varieties and Farmers’ Rights Act only if it satisfies the criteria…


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Plant Variety Protection

Problems with the Indian Plant Varieties Regime (II): Helping Seed Companies at the Cost of the Farmer?


Last week, we had brought to you the first post in an ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on India’s problematic plant varieties’ regime. We are pleased to now bring to you the second post in the series. Problems with the Indian Plant Varieties Regime (II): Helping Seed Companies at the Cost of the Farmer? Prof. (Dr.) N.S. Gopalakrishnan One of the main objectives of the Protection of Plant Varieties and Farmers’ Right Act, 2001 “is to…


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Plant Variety Protection

Problems with the Indian Plant Variety Regime: Old Vine in Newly “Enclosed” Bottle?


We are extremely pleased to bring to you a guest post by Prof. (Dr.) N.S. Gopalakrishnan. Prof. Gopalakrishnan is a leading IP academic from India, who has taught and groomed a number of other IP academics and researchers, including our very own founder of SpicyIP, Prof Basheer. He is now a Honorary Professor at the Inter University Centre for IPR Studies, CUSAT, Kochi, a centre that he kickstarted some years ago. This post is the first in the upcoming series…


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Patent Plant Variety Protection

NSAI’s Lopsided Take on Patenting of Biotech Innovation in Agriculture 


Last week, we had brought to you a guest post by NSAI on the ongoing Monsanto-Nuziveedu patent dispute. We now bring to you another guest post on this dispute by Mr. Bhagirath Choudhary, the founder director of the South Asia Biotechnology Centre (SABC), New Delhi and Dr. Usharani KS, who practices at Prometheus Patent Services, Hyderabad. This post is in response to NSAI’s post, which in turn was in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety…


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Patent Plant Variety Protection

National Seed Association of India (NSAI) on Delhi High Court’s Judgment in the Monsanto-Nuziveedu Dispute


We bring you a guest post from Mr. R.K. Trivedi, Director (Technical) of National Seed Association of India (NSAI). This post is in response to Prashant’s post on whether Monsanto’s invention can be protected as a plant variety and seek benefit-sharing from Nuziveedu, which was published on the blog last week. As readers may be aware, Monsanto is locked in what is possibly the biggest patent/technology battle against various seed companies for some years now. The main seed companies at…


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Overlaps in IP Patent Plant Variety Protection

Can Monsanto’s Invention be Protected As a Plant Variety and Can It Seek Benefit-Sharing From Nuziveedu?


One of the central planks of Nuziveedu’s defense in its ongoing litigation against Monsanto, that we’ve blogged about over here and here, is its claim that Monsanto’s invention is nothing but a “transgenic plant” with increased insect resistance and that the same could be protected as a “plant variety” under the Plant Variety Protection & Farmers Rights Act, 2001 (PVPFRA). As discussed earlier, this characterization of Monsanto’s claim may not be accurate but it seems to have been accepted by…


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Patent Plant Variety Protection

The Issue of Claim Construction Will be Key to the Monsanto-Nuziveedu Litigation before the Supreme Court


As expected, the judgment of the Division Bench (DB) of the Delhi High Court in the Monsanto v. Nuziveedu litigation was admitted by the Supreme Court last week and the case is now slated for a hearing in July sometime. The bench of two judges hearing the matter refused to grant a stay on the operation of the DB’s judgment. While I don’t (yet) have access to the pleadings, I’m told that Monsanto’s legal team is now disputing the extent…


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Overlaps in IP Patent Plant Variety Protection

Delhi High Court’s Judgment in Monsanto v. Nuziveedu Delivers a Deadly Blow to the Agro-biotech Industry


A Division Bench of the Delhi High Court recently pronounced its judgment in the long running litigation between Monsanto and Nuziveedu. The present judgment was delivered in cross appeals filed by both parties against the order of a single judge of the Delhi High Court that was delivered last year. To describe the judgment briefly, the court has delivered a knock-out punch to Monsanto, by declaring invalid its patent for Bt. Technology because Section 3(j) of the Patents Act prohibited…


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Biological Diversity Patent Plant Variety Protection

Pest Policy: Confusion, Capture or a Fetish for the Foreign?


Policy-making is curious business. Particularly when it comes to technology. How else does one explain the following conundrum confronting our agro-biotech landscape? One the one had, the government appears more or less convinced that BT cotton (patented technology belonging to Monsanto) has developed pest resistance (against the pink Bollworm) and does not work anymore. And yet on the other, it wants this patented technology to disseminate widely in a cheaper and more accessible manner to the poor farmer. Forcing one…


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