This document outlines an assignment on the Protection of Plant Varieties and Patent Law. It will discuss registerable plant varieties in terms of novelty, distinctiveness, uniformity and stability. It will also examine international treaties on plant variety protection and infringement issues like exclusive rights and penalties. Sources will include the Protection of Plant Varieties and Farmers' Rights Act, 2001, journals, books, case laws, and websites focused on plant variety protection and intellectual property rights.
This document outlines an assignment on the Protection of Plant Varieties and Patent Law. It will discuss registerable plant varieties in terms of novelty, distinctiveness, uniformity and stability. It will also examine international treaties on plant variety protection and infringement issues like exclusive rights and penalties. Sources will include the Protection of Plant Varieties and Farmers' Rights Act, 2001, journals, books, case laws, and websites focused on plant variety protection and intellectual property rights.
This document outlines an assignment on the Protection of Plant Varieties and Patent Law. It will discuss registerable plant varieties in terms of novelty, distinctiveness, uniformity and stability. It will also examine international treaties on plant variety protection and infringement issues like exclusive rights and penalties. Sources will include the Protection of Plant Varieties and Farmers' Rights Act, 2001, journals, books, case laws, and websites focused on plant variety protection and intellectual property rights.
This document outlines an assignment on the Protection of Plant Varieties and Patent Law. It will discuss registerable plant varieties in terms of novelty, distinctiveness, uniformity and stability. It will also examine international treaties on plant variety protection and infringement issues like exclusive rights and penalties. Sources will include the Protection of Plant Varieties and Farmers' Rights Act, 2001, journals, books, case laws, and websites focused on plant variety protection and intellectual property rights.
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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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.
