Agricultural development has been accelerated by the development of new plant varieties and the improvement of seed quality.

Therefore, it has been recognized internationally that plant breeders’ rights should not only be recognized but also be protected through a Sui generis legal mechanism.

A member of the Union of Protection of New Varieties of Plants (UPOV) Convention and the World Trade Organization, India realized that plant breeders, farmers, and genetic resources and seed industries must be protected. Thus, the Government of India enacted the Protection of Plant Varieties and Farmer’s Rights Act, 2001 (PPVFRA).

There are a number of types of varieties that may be registered

The Act allows the registration of new varieties if they meet the criteria for novelty, distinctiveness, uniformity, and stability.

A variety which is already in existence may be registered under the Act if it meets the criteria for distinctiveness, uniformity, and stability. As a result, novelty is not considered when a plant variety is protected.

Farmers’ Variety: a variety that has been traditionally cultivated and evolved by farmers in their fields over time.

Plant varieties may be registered by the following individuals:

It is possible to apply for registration of a variety by anyone claiming to be its breeder, its successor or assignee, any farmer, group of farmers, or community of farmers that claims to be its breeder or any university or publicly funded agricultural institution that claims to be its breeder.

It is a requirement of this right that certain facts concerning the exploitation of the protected variety be authorized by the breeder in advance.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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