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Plant variety protection - Procedural infirmities, not impacting eligibility of applicant/application for registration, are not fatal
By Harshita Agarwal and Vindhya S Mani
The Division Bench of the Delhi High Court has set aside the Single Bench’s order which had affirmed the Protection of Plant Varieties & Farmers' Rights Authority’s order of revocation of registration. The registration was earlier set aside due to alleged furnishing of incorrect information relating to the date of first commercial sale as well as the purported failure to present requisite information at the time of applying for registration. The article in this issue of IPR Amicus elaborately discusses in this regard the facts of the case including the analysis and findings of the Division Bench. The authors observe that the Division Bench essentially held that procedural infirmities, which have no impact on the eligibility of the applicant to apply for a plant variety application or on the eligibility of the application for registration, are not fatal to the registration unless such infirmities are due to willful misrepresentation or to gain any undue advantage. According to the authors, this view is consistent with the general judicial trend to consider procedural lapses or infirmities based on its impact on the substantive merits of the matter.
Ratio decidendi
Patent for ‘Enzyme Granules for Animal Fee’ - Madras HC distinguishes two prior arts - Madras High Court
Trademark Registrar has no authority to restrict choice of colours - Applicant has right to choose colours - Madras High Court
Trademark registration of names of Hindu Gods is not deniable under Section 9(2)(b) - Madras High Court
Suo-motu rectification of trademark register by Registrar - Anyone, including person aggrieved, can alert the Registrar - Madras High Court
Madras High Court can transfer rectification proceedings from Trademarks Registry, New Delhi to itself - Madras High Court
News Nuggets
Invention does not lack novelty unless it’s all features are contained in a prior art
No interim injunction when defendant using particular process before the patent for same was filed by plaintiff
Delay in trademark registration - Madras High Court wonders at state of affairs at Trademark Registry
Trademarks ‘AMIXIDE’ and ‘KIMIXIDE’ are deceptively similar
