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
Aug 05, 2026

‘First published on Asia IP’ By: Safir Anand and Ritu Bhargava India has taken important steps forward in protecting consumers who use its digital

Misleading ads and dark patterns: Evolving jurisprudence in India
News & Updates, Thought Leadership
Aug 01, 2026

On 24 May 2024, after roughly a quarter-century of negotiation, the Member States of the World Intellectual Property Organisation adopted, by consensus

WIPO GRATK Treaty: India Helped Write and Would Not Sign
News & Updates, Thought Leadership
Jul 18, 2026

‘First published on India Business Law Journal’ By: Madhu Rewari Artificial intelligence (AI) has changed the internet in both useful and unsettling

Preventing AI-powered domain name abuse
News & Updates, Thought Leadership
Jul 17, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Modern sport is no longer merely an athletic competition; it is a multi-billion-dollar

Managing Ambush Marketing: Legal and Commercial Perspectives