Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part III)


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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Others

SpicyIP Weekly Review (October 21-November 3)


Thematic Highlight Adarsh wrote a two-part post on the various misunderstandings surrounding the Plant Varieties Act (“PPV Act“). In the first part of the post, he focussed on the Public Notice 01/2019 (“Notice“) published in May 2019, which created a compound system for seeking registration of ‘hybrids’ and ‘parental lines’. He points out that the Notice is ultra vires since the Notice has been issued under Section 20 of the PPV Act, which is simply the provision empowering the PPV Authority to examine…


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Events

SpicyIP Events: CUSAT’s 7th Annual ‘Rethinking Intellectual Property Rights’ Workshop 2020 [Kochi, April 3 – 5, 2020]


We are pleased to announce that Inter University Centre for IPR Studies, Cochin University of Science and Technology (CUSAT) is organising the seventh annual ‘Rethinking Intellectual Property Rights’ workshop on the theme ‘Role of IPR in the Realm of Sports’ for law students and students of other disciplines interested in this area (under graduates, post graduates and research scholars). The programme is scheduled to be held from April 3 – 5, 2020. For further details, please read the announcement below:…


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Others

Delhi HC Gives Expansive Interpretation to Section 79 of IT Act: Issues Global Blocking Order Against Intermediaries


On October 23, a single judge of the Delhi High Court – Justice Prathiba M Singh – issued an interim injunction directing Google, Facebook, YouTube, Twitter and other unnamed intermediaries to take down on a global basis, defamatory content uploaded on their platforms against Baba Ramdev (‘Judgment’). The Judgment is significant as it went beyond the conventional mode of ‘geo-blocking’, whereby the take-down of URLs is limited to specific geographic locations. Background The present Judgment is only a link in…


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Innovation Patent

The India Innovation Index 2019 – Great Start, But Why Hide Section 3(d) and CLs in It?


The 7 pillars that it refers to are: Innovation input aka 'enabler' pillars: (1) Human Capital, (2) Investment, (3) Knowledge Employment, (4) Business Environment, and (5) Safety and Legal Environment; and Innovation output aka 'performance' pillars: (1) Knowledge Output and (2) Knowledge Diffusion. While the report 

On October 24th, the Niti Aayog released the first edition of the India Innovation Index (III). The Institute for Competitiveness was the knowledge partner for this endeavour. After years of various other global and pseudo global innovation (and IP) indices, it is a welcome development to see a national index that examines innovation within the country. It’s a 250+ page document with a substantial amount of data and analysis, as well as a large number of (very useful) graphical representations,…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part II)


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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Trademark

Place the (Trade Marks) Act Before the Rules: Del HC Directs Registry to Record Grounds of Refusal of Applications


In a much-lauded decision, Justice J. R. Midha of the Delhi High Court has made it easier and quicker for applicants to appeal a decision of the Registrar of Trade Marks arising from a refusal or partial acceptance of a trademark. This decision arises from a writ petition (Intellectual Property Attorneys Association v. Controller General of Patents, Designs, Trade Marks & Anr) that challenged the non-speaking orders passed by the Registrar of Trade Marks while refusing trademark applications. The petitioner,…


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Others

Justice Pratibha Singh Demands a Reply from the Government of India on the Dysfunctional IPAB – IP Bar Continues to Be Mute Spectator


In a sharply worded order passed last week, Justice Pratibha Singh of the Delhi High Court has made scathing observations regarding the dysfunctional Intellectual Property Appellate Board (IPAB) and has demanded answers from the Secretary of the DIIPT on the state of affairs at the IPAB. The tribunal is empowered to hear appeals against orders of the IP Office, as well as the power to hear revocation petitions against trademark and patent matters as well as fix royalty rates under…


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Plant Variety Protection

Plant Varieties Act: Misunderstood and Misapplied (Part I)


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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Others

SpicyIP Weekly Review (October 14-20)


Topical Highlight Prashant wrote a post on an order passed by the Delhi HC concerning the marketing of a biosimilar of the breast cancer drug Herceptin by Reliance Life Sciences. Genentech, which owned the erstwhile patent for Herceptin, filed a suit against Reliance claiming that their drug did not comply with Guidelines for Biosimilars and hence could not claim to be as efficacious as the drug sold under the Herceptin brand. In this appeal, the Delhi HC overturned the decision…


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