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INFRINGEMENT OF PLANT VARIETIES – Meaning of Infringement (Section 64)

INFRINGEMENT OF PLANT VARIETIES –  Meaning of Infringement (Section 64) Infringement occurs when any person, without the permission of the breeder or registered owner, performs acts that violate the exclusive rights granted under the Act. A registered variety is a legal property right. Any unauthorized commercial use amounts to infringement. A person is said to infringe a registered plant variety if he does the following acts without authorization: Selling or marketing the registered variety If a person sells, offers for sale, distributes, stores, exports or imports a registered variety without permission. Using the denomination (name) of a protected variety dishonestly Using a denomination that is identical or deceptively similar creates confusion and amounts to infringement. Producing, reproducing or propagating the registered variety Unauthorized multiplication, propagation or any activity that enables reproduction of a registered variety is infringement. Usi...
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Requirements for Registration of a New Variety of Plants & Procedure for Registration

Q.1 — Requirements for Registration of a New Variety of Plants & Procedure for Registration (Plant Varieties and Farmers’ Rights Act, 2001) I. Meaning of “New Variety of Plant” Under Section 2(j) of the PVFR Act, 2001, a variety means a plant grouping within a single botanical taxon that is: identifiable by distinct characteristics, uniform, stable, and capable of being propagated. The Act encourages plant breeding while protecting farmers’ interests. II. Requirements for Registration (Sections 14–18) A plant variety must satisfy the DUS Criteria : 1. Distinctiveness (D) – Section 15(3)(a) The variety must be clearly distinguishable from any other known variety by at least one essential characteristic. Example: A rice variety with unique disease resistance compared to existing varieties. 2. Uniformity (U) – Section 15(3)(b) The variety must be sufficiently uniform in its essential characteristics, subject to natural variation. 3. Stability (S) – Sec...
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Benefit Sharing under the Plant Varieties and Farmers’ Rights Act, 2001

Q.8 (i) – Benefit Sharing under the Plant Varieties and Farmers’ Rights Act, 2001 (Detailed Analysis for LLB Exams) I. Meaning of Benefit Sharing Benefit Sharing is a system under the Plant Varieties and Farmers’ Rights Act, 2001 (PVFR Act) where benefits earned by companies or breeders from a registered plant variety must be shared with farmers, communities or institutions who have contributed to the evolution, preservation, or development of that variety. Legal Basis: Sections 26, 41 & 45 of the PVFR Act, 2001 It ensures that farmers are not exploited and their traditional knowledge is recognized. II. Why Benefit Sharing is Important Farmers often preserve seeds for decades. Breeders use these seeds to develop new commercial varieties. When breeders make profit, farmers deserve compensation. Protects traditional agricultural knowledge. Prevents bio-piracy. Example: If a seed company develops a new wheat variety using seeds traditionally maintained by Punj...
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Requisites for Registration of a Layout Design & Rights of Proprietor under the Semiconductor Integrated Circuits Layout-Design Act, 2000

Q.7 — Requisites for Registration of a Layout Design & Rights of Proprietor under the Semiconductor Integrated Circuits Layout-Design Act, 2000 I. Meaning of Layout Design A Layout Design means the 3-dimensional arrangement of elements and interconnections in a semiconductor integrated circuit (IC) . (Section 2(l) of the Act) Examples: Microprocessor chip design RAM/ROM layout Mobile processor circuit designs This Act protects the originality , creativity , and commercial value of IC designs. II. Requisites for Registration of a Layout Design Registration is governed by Sections 7–10 of the Semiconductor Integrated Circuits Layout-Design Act, 2000. 1. Layout Design Must Be Original (Section 7) A layout design must be: a) New and not previously commercially exploited It should not have been used or sold anywhere in India or abroad before filing the application. b) Results from the creator’s own intellectual effort The design must show creative input and t...
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What do you mean by infringement of a Geographical Indication (GI)? What are the penalties and remedies available against such infringement?

Q.6 – What do you mean by infringement of a Geographical Indication (GI)? What are the penalties and remedies available against such infringement? I. Meaning of Geographical Indication (GI) Geographical Indication means an indication that identifies goods as originating from a particular place/region , where quality, reputation or other characteristics of those goods are essentially attributable to that geographical area. (Section 2(1)(e) of the Geographical Indications of Goods (Registration & Protection) Act, 1999) Examples: Darjeeling Tea Kanchipuram Silk Banarasi Saree Nagpur Orange Mysore Sandal Soap II. Meaning of GI Infringement — Section 22 of GI Act, 1999 According to Section 22 , a GI is infringed when: 1. Unauthorized use of a registered GI If a person uses a GI without permission on goods not originating from that region → and such use misleads consumers regarding origin. Example: Selling ordinary tea as “Darjeeling Tea” . 2. Use of GI causi...
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A) Procedure for Obtaining Design ProtectionB) Revocation, Infringement, and Remedie

A) Procedure for Obtaining Design Protection B) Revocation, Infringement, and Remedie A) Procedure for Obtaining Design Protection The procedure ensures that only new, original, and visually appealing designs are protected under the Designs Act, 2000 . Step 1: Preparing the Application Applicant : Designer or owner of the design. Information required : Name & address of applicant and designer. Title of the design. Article in which the design is applied. Drawings, photographs, or representations of the design. Declaration of novelty and originality. Section: 7 – Filing of application. Example: A company designing a new mobile phone back panel must submit photos and details of its design. Step 2: Filing the Application Can be filed online or physically at the Design Office . Priority date = date of filing. Step 3: Examination The Design Office checks: Compliance with formalities . Novelty / originality (Section 4). Whether it is applied to an...
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Industrial Designs & The Designs Act, 2000

Industrial Designs & The Designs Act, 2000 –  1) The Designs Act, 2000 – Overview The Designs Act, 2000 is an Indian law that protects visual / aesthetic features of industrial products. It replaces the older 1911 Act and modernizes protection to encourage innovation, creativity, and fair competition . (a) Purpose / Objectives Encourage Creativity and Innovation Designers are protected from copying, so they invest in new and attractive designs . Example: new bottle, jewellery, or mobile design . Prevent Unfair Competition Under Section 22 , copying a registered design is illegal. Example: If Company A registers a unique chair design, Company B cannot copy it. Promote Industrial Growth Protects designs in textiles, fashion, toys, electronics, automobiles, packaging . Provide Legal Rights and Market Monopoly Exclusive rights for 10 years + 5-year extension under Section 11(2) . (b) Key Definitions (Important for Exams) Section Definiti...
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