Category Archives: Plant Variety Protection

Plant Variety Protection

The ‘Farmers’ Rights’ Law Lays the IPR Trap


We’re pleased to bring to you a guest post by Shalini Bhutani. Shalini is an India-based independent legal researcher and policy analyst working in the Asian region. The ‘Farmers’ Rights’ Law Lays the IPR Trap Shalini Bhutani One day intellectual property rights (IPRs) in the seed sector granted to MNCs would entrap farmers. This is precisely what farmers’ groups and concerned citizens in the country had been warning against, ever since India chose to introduce IPRs through the Protection of…


Read More »
Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (II)- Who is to monitor Seed Prices?


In my previous post, I had summarised Monsanto’s past dealings with Indian seed companies and the history of seed price control orders in India. I had also pointed out the confusion regarding the applicability of both, the Patents Act and Protection of Plant Varieties and Farmer’s Rights Act (PPVFR Act), to Bt cotton seeds. From the Notice, it is clear that it seeks to give clarification on the powers of the Plant Authority to monitor prices of registered plant varieties…


Read More »
Patent Plant Variety Protection

The Notice on Plant Breeders’ Rights (I)-The Apparent Conflict between the Patents Act and the Plant Varieties Act


The Notice on Plant Breeders’ Rights (“Notice”) has opened a whole new can of (boll)worms! In this post, I hope to describe the following: The convoluted history of seed price control orders in India Main features of the Notice (as above mentioned) The controversial relationship between the Patents Act,1970 and the Protection of Plant Varieties and Farmer’s Rights (“PPVFR”) Act, 2001 (in so far as it relates to the dispute involving Monsanto and the domestic seed companies) Monsanto’s BG Technology and…


Read More »
Patent Plant Variety Protection

Analyzing Subject Matter Excluded from Patenting in the Backdrop of Lawsuits Involving Monsanto


We’re pleased to bring to you a guest post by Kartik Puttiah. Kartik is the co-founder of InvnTree IP Services. He has over thirteen years of experience in patent consulting. He specialises in patent drafting and prosecution, and routinely advises his clients on patent portfolio development. He also works with his clients in addressing patent risks. He obtained his B.E. degree in Industrial Engineering and Management and is also a registered patent and trademark agent. Analyzing Subject Matter Excluded from…


Read More »
Patent Plant Variety Protection

Excluding “Essentially Biological Processes”: Implications for Monsanto vs Nuziveedu


We are pleased to bring to you an insightful guest post by Dr. Deepa Kachroo Tiku on a contested provision of patent law involving the exclusion of plants/animals and essentially biological processes. As readers are aware, this exclusion (section 3(j)) is at the forefront of a big ticket patent battle between Monsanto and Nuziveedu. As we understand, the hearings have concluded and the court is expected to issue a decision sometime soon. Deepa is a partner at K&S Partners and…


Read More »
Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)?


We’re pleased to bring to you Part II of the fifth post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. Part I of the post can be viewed here and all the earlier posts in the series, here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (II)? Prof. (Dr.) N.S. Gopalakrishnan Concept of benefit sharing The origin and development of the concept of benefit sharing is…


Read More »
Plant Variety Protection

Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)?


We’re pleased to bring to you the fifth post in the ongoing series of insightful posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. The earlier posts in the series can be viewed here. Problems with the Indian Plant Varieties Regime (V): Farmers’ Rights – A Myth or Reality (I)? Introduction One of the significant contributions of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 is the Chapter on Farmers’ Rights. It is intended to comprehensively…


Read More »
Plant Variety Protection

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


We’re pleased to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part III of the three-part post where Prof. Gopalakrishnan critically examines the procedure followed for registration of farmers’ varieties. Parts I and II of the post can be viewed here and here and the earlier posts in the series, here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part III)? Prof….


Read More »
Plant Variety Protection

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


We are happy to bring to you yet another insightful post in the ongoing series of posts by Prof. (Dr.) N.S. Gopalakrishnan on problems with India’s plant varieties’ regime. This post is Part II of the three-part post where Prof. Gopalakrishnan critically examines the procedure followed for registration of farmers’ varieties. Part I of the post can be viewed here and the earlier posts in the series, here, here and here. Problems with the Indian Plant Varieties Regime (IV): Obliterating the “Farmers’ Variety” (Part II)? Prof. (Dr.)…


Read More »
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…


Read More »