Farmers Must Be Given Full Opportunity To Oppose Any Monopoly Created By Registering Plant Varieties Under PPV Act: Delhi HC
Case: NUZIVEEDU SEEDS PVT. LTD. v. THE PROTECTION OF PLANT VARIETY AND FARMERS
Coram: Justice C Hari Shankar
Case No.: W.P.(C) 4312/2014
Court Observation: “It is obviously for this reason that Section 18 of the PPV Act contains an exhaustive and comprehensive list of the details which are required to be submitted with every application. While examining the nature of the information which is required to be submitted in accordance with Section 18 of the PPV Act, the Court has to be guided by the preambular provisions of the Act, and the necessity of protecting farmers’ rights,”
“To hold that DUS testing need not precede advertisement of the plant variety and that, even after advertisement, DUS testing could be conducted and registration refused if the test result is adverse, would, therefore, entirely rewrite the statutory scheme,”
“The merits of the application, as well as the oppositions of these petitions, would be holistically concerned by the Registrar, who is directed to take a decision in the matter as expeditiously as possible and, at any rate, within 6 months from today. The petitioners would be at liberty to raise all contentions available in law.”
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Farmers Must Be Given Full Opportunity
