Skip to main content

Two decisions in India on the protection of plant varieties provide useful guidance in this area, as Archana Shanker reports.

While there is sufficient Indian jurisprudence in relation to patents and other forms of IP, there has been very little judicial debate in relation to the Protection of Plant Varieties and Farmers’ Rights (PPVFR) Act.

In 2015 and 2016 there were two significant decisions of the Delhi High Court under the PPVFR Act. These decisions are in relation to protecting parental lines of an extant variety as being novel under section 15(3)(a) and “provisional protection” under section 24(5).

 In 2015, the Delhi High Court interpreted several provisions of section 15(3) with a view to deciding whether parental lines of a known hybrid (extant variety) could be registered as a new plant variety.

Extant variety, defined under section 2(j), is a farmer’s variety or a variety of which there is common knowledge or which is in the public domain. The PPVFR Act permits registration of extant varieties and novel varieties, but in addition to distinctiveness, uniformity and stability, a new variety has to satisfy the criteria of novelty.

Secret seeds

The present case dealt with an order of the Registrar of the Authority denying registration to Maharashtra Hybrid Seed Company for its parental lines of the extant variety. The main contention of the petitioner revolved around whether the parental lines of an extant variety should be considered as novel, as the parental lines of the hybrid variety are not sold and their identity is kept secret.

Read the full article on Life Sciences Intellectual Property Review.

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Oct 23, 2026

Imagine a researcher using artificial intelligence to identify a new material, a pharmaceutical team using machine learning to discover a promising compound,

Can AI-Assisted Inventions Be Patented in India?
News & Updates, Thought Leadership
•
Oct 20, 2026

Every time someone publishes an article, uploads a photograph, releases a song or shares research online, they contribute to an expanding body of human

Who Owns Internet’s Knowledge? Copyright, AI Training and Indian Law
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions
Thought Leadership
•
Oct 15, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda Imagine you gave a supersmart robot a credit card and told it to “buy the best

Taming the AI Beast: How Big Companies Build Safe AI Agents