Plant Variety Protection

In a continuation of the long-drawn out big ticket litigation between PepsiCo and potato farmers, a Division Bench of the Delhi High Court in January 2024 reversed an earlier decision that had revoked the multinational’s registration of potato variety FL2027, which it uses to make the iconic Lays chips. ......

Evidence from DNA fingerprinting tests can be used to determine disputes involving plant varieties, according to a recent decision of the Delhi High Court. In its recent judgment dated July 1, 2019 in Pioneer Overseas Corporation v. Chairperson, Protection Of Plant Varieties And Farmers Rights And Ors, MANU/DE/2102/2019, the Delhi High Court was examining allegations of misappropriation of germ plasm protected under ...

The procedures for the fixation of trait value or seed price of registered plant varieties must only be done as per the plant variety protection law, and based on the agreement between the right holder and the concerned party, according to a new Notice issued by the plant variety regulator. The Notice is unique because this is the first time that an IP regulator has formally issued a legal instrument stating that any price control of protected items must be in accordance with the relevant IP legislation. ...