INTELLECTUAL PROPERTY RIGHTS II ASSIGNMENT 2016-17

Dr. SHAKUNTALA MISRA NATIONAL REHABILITATION UNIVERSITY, LUCKNOW

A SYNOPSIS

ON

PROTECTION OF PLANT VARIETIES &PATENT LAW

UNDER THE SUPERVISION OF

SHAIL SHAKYA

SUBMITTED TO SUBMITTED BY

SHAIL SHAKYA DEVANAND PANDEY

ASSISTANT PROFESSOR B.COM.LLB (Hons.)
FACULTY OF LAW 6th SEMESTER (2016-17)
D.S.M.N.R.U D.S.M.N.R.U

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 INTELLECTUAL PROPERTY RIGHTS II ASSIGNMENT 2016-17

LITERATURE REVIEW & CASE LAWS

ABOUT THE ASSIGNMENT

This assignment shall be dealing with the various issues of Plant Varieties and Patent Law.
As it has been considered necessary to recognize and protect the rights related to plant
varieties in order to encourage the development of new varieties of plants. Moreover to
accelerate agricultural development, it is necessary to protect plant breeders rights to
stimulate investment for research and development for the development of new plant
varieties.

SOURCES

PRIMARY SOURCES

STATUTES

1. THE PROTECTION OF PLANT VARIETIES AND FARMERS RIGHTS ACT, 2001 (53
OF 2001).

From the above mentioned primary source various necessary sections and provisions shall be
taken in order to understand the necessity of protection of plant varieties and the ways of the
protection of those rights.

SECONDARY SOURCES

JOURNALS & MANUALS

1. PRATIBHA BRAHMI, SANJEEV SAXENA &B.S. DHILLON, THE PROTECTION OF

PLANT VARIETIES AND FARMERS RIGHTS ACT OF INDIA, CURRENT SCIENCE VOL. 86
(2004).

From the above secondary source various important aspects of Plant Varieties and Patent
Law has been taken in order to understand the Protection of Plant Varieties and Patent Law.
Issues like Novelty, Distinctiveness, Uniformity and Stability shall be discussed with the help
of this Journal.

2. LAURENCE R. HELFER, INTELLUCTUAL PROPERTY RIGHTS IN PLANT VARIETIES,

(2004).

The above mentioned Secondary Source shall be used for the purpose of understanding
various international treaties and agreements governing the protection of plant varieties and
its procedures.

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BOOKS

1. Dr. S.R. MYNENI, LAW OF INTELLECTUAL PROPERTY, (ASIA LAW HOUSE, 7TH Ed.)

This book has been referred in order to understand the essentials of the Indian Patent law and
the history behind the making of Indian Patent Law. Various other important issues like
Patentable subject matters, infringement of patent etc, shall be referred from this book for the
purpose of understanding.

CASE LAWS

1) Maharashtra Hybrid Seed Co. and Anr v. Union of India and Anr on 9th January 2015.

WEBSITES

1. http://www.fao.org/docrep/007/y5714e/y5714e03.htm

2. https://spicyip.com/2015/01/delhi-hc-on-protection-of-plant-varieties-and-farmers-rights-
act-2011.html

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TABLE OF CONTENTS

1) INTRODUCTION

2) REGISTERABLE VARIETIES
2.1 Novelty
2.2 Distinctiveness
2.3 Uniformity
2.4 Stability

3) INTERNATIONAL TREATIES

4) INFRINGEMENTS
4.1 Exclusive Rights
4.2 Penalties

5) CONCLUSION

6) BIBLIOGRAPHY

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BIBLIOGRAPHY

JOURNALS & MANUALS

1.BRAHMI PRATIBHA, SAXENA SANJEEV & DHILLON B.S., THE PROTECTION OF

PLANT VARIETIES AND FARMERS RIGHTS ACT OF INDIA, CURRENT SCIENCE VOL. 86
(2004).

2. HELFER LAURENCE R., INTELLUCTUAL PROPERTY RIGHTS IN PLANT VARIETIES,

(2004).

BOOKS

1. Dr. MYNENI S.R., LAW OF INTELLECTUAL PROPERTY, (ASIA LAW HOUSE, 7TH Ed.)

WEBSITES

1. http://www.fao.org/docrep/007/y5714e/y5714e03.htm

2. https://spicyip.com/2015/01/delhi-hc-on-protection-of-plant-varieties-and-farmers-rights-
act-2011.html

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