Plant Varieties | Intellepedia

PepsiCo’s Potato Plant Variety and Patent Agent Address Change through Form 30

The Delhi High Court set aside the revocation of PepsiCo’s potato plant variety, ruling that only substantive validity grounds justify such action. The Court also clarified that patent agents should use Form 30 to update their address and email under Indian patent law.

Divisional Patent Filing, Patent Claim Amendments, Assessment of Damages, and DUS test for PV Protection

This post reviews significant Indian judgments on divisional patent filings, claim amendments, damages, and plant variety protection. It highlights key legal principles regarding patent and plant variety jurisprudence in India.

Indian IP Office invites entries for National IP Awards, 2021 and 2022

The Indian IP Office is inviting entries for the National Intellectual Property Awards 2021 and 2022, celebrating excellence in IP creation and innovation. Submissions are open until 31st August, 2022, with detailed guidelines and categories outlined in the official announcement.

Accessibility in Delhi High Court IP Division Rules, 2021

The Delhi High Court IP Division Rules, 2021 introduce explicit provisions for accessibility, ensuring reasonable accommodations for persons with disabilities. These measures are expected to enhance equal participation in IP proceedings and set a significant precedent for other Indian legal forums.

Updated Patent, Trade Mark, Copyright and other Acts

The post offers updated and amended versions of major Indian intellectual property statutes following the abolition of the IPAB. Downloadable resources and detailed amendment summaries are provided for reference.

PPVFR Act and Powers of High Court following the end of IPAB

The abolition of the IPAB has transferred appellate powers under the PPVFR Act to the High Courts. High Courts now adjudicate on appeals concerning plant variety protection, replacing the previous tribunal system.

Tribunals Reforms Ordinance 2021 and amendments to the Protection of Plant Varieties and Farmers’ Rights Act 2001

The Tribunals Reforms Ordinance 2021 has eliminated certain tribunals and reallocated their powers to the High Courts. Key amendments to the Protection of Plant Varieties and Farmers’ Rights Act 2001 reflect this structural legal change, impacting the appellate process for plant variety protection cases.

President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect

The Tribunals Reforms Ordinance 2021 has made the IPAB and several other tribunals defunct, transferring their powers to the High Courts and Commercial Courts. This post provides a brief overview of the key statutory amendments affecting intellectual property laws in India.

How Wise is it to TRIP Over Food?

This post explores how intellectual property rights, particularly under the TRIPS agreement, affect food security and plant variety protection in India. It provides a legal analysis of the challenges and exceptions relevant to agricultural innovation and breeders’ rights.

Threatened Co-existence of Breeders Rights and Patent Rights

This post analyses the threatened co-existence of breeders rights and patent rights in plant innovation law. It discusses the lack of breeders exemption in patent law and the resulting challenges for researchers and breeders. Legal and practical solutions are evaluated within the Indian and international context.