value
of the plant variety;
(i) "essentially derived variety", in respect of a variety (the initial variety), shall be
said to be essentially ... variety, extant variety,
transgenic variety, farmers‟ variety and essentially derived variety."
Sections 14-16 are found in the chapter "Registration of plant varieties
such variety, extant variety, transgenic variety, farmers'
variety and essentially derived variety.
and includes propagating material of such variety , extant
variety, transgenic variety, farmers ... variety and essentially
derived variety."
22. Concededly, both the varieties (KMH-50 and 30V92) are Extant
Varieties within the meaning of Clause
matter under the Patents Act, Trade Marks Act,
Copyright Act and Plant Varieties Protection Act. As per Section 84(2) of
the Trade Marks ... Technical
Member (Copyright) and for cases relating to the Plant Varieties Protection,
the Bench shall comprise of a Judicial Member and a Technical Member
(Plant
plant which is true to
such type. Section 3 of the said Act provides for the establishment of a
Protection of Plant Varieties and Farmers ... produces any
other variety giving such variety the denomination identical with or
deceptively similar to the denomination of a variety registered under
order dated 17.11.2011 passed by
Mr.Manoj Srivastava, Registrar of Plant Varieties Registry, New Delhi.
2. The background facts are that the petitioner made several ... applications for registration of its plant varieties under the Protection
of Plant Varieties and Farmers' Rights Act, 2001 (the Act), in April
Kaveri Seed Company Ltd. vs Registrar Of Plant Varieties And Anr. on 2 December, 2016
Bench: S. Ravindra Bhat , R.K. Gauba
* IN THE HIGH ... 18367/2012
KAVERI SEED COMPANY LTD. ......Petitioner
Versus
REGISTRAR OF PLANT VARIETIES AND ANR.......Respondents
Through: Sh. Jayant Bhushan, Sr. Advocate with
Sh. Abhishek Saket
extant varieties", "farmer‟s variety" and "varieties of
common knowledge". The criteria for registration of the
plant/seed varieties requires ... distinctiveness
to the variety;
(d) important agronomic and commercial attributes of
the variety;
(e) photographs or drawings, if any, of the variety
submitted
variety (of plant
varieties etc.) derived from an initial variety or in respect of a variety,
predominantly derived from such initial variety or retaining characteristics ... propagating material of such variety, extant
variety, transgenic variety, farmers‟ variety and essentially
derived variety."
26. Protection of Plant Varieties and Farmers‟ Rights Authority
variety which can be grown by farmers. Nuziveedu submits that the Bt Trait
can be transferred from this variety into other varieties by traditional plant ... only in
terms of "a plant cell, a seed, a transgenic plant "or a plant variety", all
of which are falling wholly
potato varieties with patents, Plant
Breeders' Rights and, in the case of India, registration under
the Protection of Plant Varieties and Farmers Rights ... case of ―new‖ varieties. It was submitted that
―extant‖ varieties have two distinct disadvantages when contrasted with
―new‖ varieties since in certain situations as prescribed
