Order of the High Court of Delhi regarding registration of a variety of maize under the Protection of Plant Varieties and Farmers’ Rights Act, 2001, 01/07/2019
Order of the High Court of Delhi in the matter of Pioneer Overseas Corporation Vs Chairperson, Protection of Plant Varieties and Farmers Rights & Others dated 01/07/2019 regarding registration of a variety of maize under the Protection of Plant Varieties and Farmers’ Rights Act, 2001.
History of the Case:
The petitioner Pioneer has been involved in the business of research, development, breeding, production and marketing of plant varieties since the year 1926. Kaveri Seeds Limited has also been the same business.
The controversy involved in the present petitions relates to the acceptance of Kaveri’s application for registration of a variety of maize, referred to as KMH-50 under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. Pioneer claims that KMH50 is identical/similar to its variety of maize referred to as 30V92. Pioneer has also filed an application for registration of 30V92 under the Act. Pioneer had filed an opposition to Kaveri’s application for registration of KMH50 under the Act.
Pioneer has also filed an application with Protection of Plant Varieties and Farmers’ Rights Authority under Section 24(5) of the Act, inter alia, claiming that KMH50 was identical to 30V92 and the two varieties are one and the same and further alleging that Kaveri had misappropriated the germplasm of 30V92 under the denomination KMH50. Pioneer had also filed an application for conducting special test (DNA Test) for determining the genetic profile of KMH50 and 30V92 in support of its claim that Kaveri was abusing the provisions of the Act.
High Court of Delhi Order July 1, 2019:
The High Court sets aside the orders confirming Kaveri's KMH-50 to be eligible for registration under the Plant Varieties Act 2001. Pioneer’s application for conducting the special test in the nature of DNA profiling of the variety 30V92 and KMH-50 has been restored to the file of the Registrar, Protection of Plant Varieties and Farmers’ Rights Authority for considering it afresh, if necessary.