Plant Variety Protection

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SpicyIP Weekly Review ( August 14 – August 20)

/ By / Copyright, Drug Regulation, Patent, Plant Variety Protection, Trademark

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

/ By / Plant Variety Protection

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)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

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)

/ By / Copyright, Patent, Plant Variety Protection, Trademark

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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SpicyIP Weekly Review (November 29- December 5)

/ By / Opportunities, Patent, Plant Variety Protection, Publication, Trademark

We bring you a number of IP updates this week!  This time we have quick summaries of 2 blogposts and 2 opportunities, followed by case summaries of 30 court orders and decisions and a few national and international IP developments. (Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them!)   Highlights  of the Week SpicyIP Tidbit: IPD Updates in Delhi, Calcutta and Madras High Courts. We discussed …

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Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection

/ By / Plant Variety Protection

We’re pleased to bring to you a guest post by Arun Mohan on the recent order by the PPV & FR Authority dated 03.12.2021 in the “revocation application relating to FL 2027- Kavita Kuruganti”. Arun has been a regular guest blogger for SpicyIP and you can find his bio and posts here and here. Looking at PPVFR Authority’s cancellation of Pepsico India’s Extant Potato Variety Protection Arun Mohan The recent order of the Protection of Plant Varieties and Farmers Rights …

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Back from the Dead? Parliamentary Committee on IP suggests against scrapping of IPAB

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trademark

One may recall the scene in Macbeth where he encounters the ghost of his former friend Banquo and exclaims in disbelief. I am sure many would have exclaimed with similar sentiment after reading the suggestions of the recent Parliamentary Standing Committee Report on Review of IPR regime in India, which suggests re-institution of IPAB. At the outset, let me clarify, I am in no way against the idea of having a dedicated IP court, which will ensure timely disposal of …

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A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trade Secret, Trademark, Traditional Knowledge

As some of our readers may have noted, a Parliamentary Standing Committee Report, titled ‘Review of the Intellectual Property Rights Regime in India’ was released on July 23, 2021. Though the report gives some word space to ‘public interest’ and similar concepts, the overall approach seems to be a very pro-industry one, with academia and civil society stakeholders not even being consulted, even though corporate trade groups’ and law firms’ views were heard (see para 2, introduction). The 153 page report …

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IPAB Issue Finally Comes to a Conclusion: Delhi HC Creates Specialist IP Division

/ By / Copyright, Design, Geographical Indication, Patent, Plant Variety Protection, Trademark

In a welcome move yesterday, the Delhi High Court issued a press release stating that it will create an Intellectual Property Division (hereinafter IPD) in the Delhi High Court. According to today’s roster sheet, the judges that have been nominated for IPD are Justice Suresh Kumar Kait, Justice Jayant Nath, Justice Anu Malhotra, Justice C. Hari Shankar and Justice Sanjeev Narula. (pg 9) The court is in the process of formulating comprehensive rules for this division. As you may recall, …

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The Compilation of the Decade of SpicyIP Posts on IPAB

/ By / Copyright, Geographical Indication, Patent, Plant Variety Protection, Trademark

[Co-authored/compiled with Praharsh Gour]  Earlier this week, Praharsh blogged about the IPAB finally being scrapped through an ordinance, with its powers / duties transferred to High Courts and Commercial courts (for copyright matters). Long time readers may recall that Prof Shamnad Basheer, after pointing out various issues with it, had first started asking for the IPAB to be shut down 11 years ago, in this post titled “Pondering the legal competence of the IPAB”. Note the following lines – more …

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