Skip to main content

Section 24(5) of the Protection of Plant Varieties and Farmers’ Rights Act, 2001 declared void by the Delhi High Court.

Prabhat Agri Biotech Ltd, Nuziveedu Seeds (P) Ltd and Kaveri Seed Company Ltd. challenged the vires of section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act 2001 in a writ before the Delhi High Court, with an application for intervention made by Pioneer Overseas Corporation. The writ was allowed by the court.

It agreed with the petitioner and held that, “although the provision envisages the issuance of orders to injunct the commission of abusive acts, it does not explain what acts are to be considered abusive. This further fortifies the argument that the Registrar has been vested with unbridled power under the Act”. The court further went on to state that, “The term “abusive act” is not defined; likewise, the question of decision taken by the authority on such application. More importantly the decision – final – taken upon an application for registration according to the provision is “by the Authority”.

Authored by Gitika Suri. Patents Rewind

Read more about Archana Shanker’s talk at the Punjab Agricultural University to on the confluence of plant variety and patent laws.

 

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
•
Nov 11, 2026

Think about the apps you use every day. Their visual identity is often the first thing you recognise: the arrangement of icons, navigation menus, buttons,

Can You Patent the Look of an App? GUI and Icon Protection in India
News & Updates, Thought Leadership
•
Nov 07, 2026

Pharmaceutical innovation and access to medicines are closely connected aspects of public health. While patent protection can encourage investment in research

Can Public Health Override a Pharmaceutical Patent? The BPaL Patent Dispute in India
News & Updates, Thought Leadership
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming