Category Archives: Plant Variety Protection

Plant Variety Protection

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

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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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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

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

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

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

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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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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark

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

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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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Copyright Geographical Indication Patent Plant Variety Protection Trademark

The Compilation of the Decade of SpicyIP Posts on IPAB

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[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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Copyright Design Geographical Indication Patent Plant Variety Protection Trademark Uncategorized

Breaking: President Promulgates Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021

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IPAB has been in the eye of the storm since its inception. While there are ardent believers of the institution (See here and here), there are equally strong arguments by the ones against it (few of them advanced by the former Chairperson of the institution itself!) (See here here and here). A few months ago, the Executive seemingly laid the debate to rest by introducing the Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposing to scrap IPAB. However,…


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Copyright Geographical Indication Patent Plant Variety Protection Trademark

Justice Manmohan Singh Holds Hearings at IPAB Despite Supreme Court Ruling

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Heard it through the grapevine and saw in the causelist that Retd. Justice Manmohan Singh is still holding hearings in the IPAB and passing orders. Just a couple of days ago we reported that the application for Justice Singh’s extension as the IPAB Chairperson was rejected by the Supreme Court. The Court in its judgement (pdf) expressly noted that the tenure of the incumbent Chairperson ended on 21.09.2019 and further rejected the notion that the incumbent must remain as the…


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Others Plant Variety Protection

Breaking: Supreme Court Dismisses Application Seeking Extension of Justice Manmohan Singh as IPAB Chairperson

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Hitting the (seemingly) final nail and ending the trail of extension requests, the Supreme Court via its order yesterday (12/02/2021 (pdf) ) dismissed the application seeking another extension to the tenure of the incumbent IPAB Chairperson. The application for extension was filed by the AIPPI (aka the International Association for the Protection of Intellectual Property) and was a part of a writ petition which was disposed of by the court after tagging it to Madras High Court Bar Association decision….


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Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

The Legality of the Appointment of the 5 Technical Members to the IPAB

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Prashant Reddy, one of our most prolific bloggers, is back with a guest post, questioning the legality of the appointment of the 5 Technical Members made to the IPAB earlier this year. The Legality of the Appointment of the 5 Technical Members to the IPAB Prashant Reddy Continuing from Praharsh’s earlier post on the Supreme Court’s judgment on the legality of the Tribunal Rules, 2020, I would like to briefly comment on the legality of the appointments of the 5…


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Copyright Geographical Indication Others Patent Plant Variety Protection Trademark

Supreme Court Revisits Tribunal Culture (Yet Again): Upholds Validity of 2020 Rules with Conditions

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Adding to an existing trail of decisions on administration of the tribunals, the Supreme Court passed a detailed judgement in Madras High Court Bar Association v. Union of India last month, wherein it upheld the constitutional validity of the Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience and other Conditions of Service of Members) Rules, 2020 (or Tribunal Rules 2020). Among other things, the decision is crucial for its observation on appointment of the Chairpersons, Vice-Chairperson and Technical Members to…


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