ALG India Law Offices LLP

A law firm in India having an international outlook

Plant Variety Protection, Biotechnology


Contact Persons
Ashwani Balayan      


 
 
 

 


- We advise and assist clients in determining the availability of a variety for registration (among the varieties listed by govt.), seeking clearance from Plant Variety Registry, searches in the Official Journal of Plant Varieties, denomination clearance, fulfilment of registrability criteria, gene/protein sequence searches with annotations and accession numbers, registrability of genetically modified crops, etc.

- We assist our clients in conducting field tests and trials, gathering and assimilating passport data, performance of varieties, identifying essential characteristics, preparing statements of claim for application for registration of plant varieties (including Essentially Derived Varieties, Farmer’s varieties, Extent Varieties) and obtaining and maintaining registration thereof.

- We represent our clients in filing notices of opposition/cancellation against any application/registration of infringing varieties, and we also represent the interests of communities and farmers in obtaining equitable benefit sharing rights, preservation and conservation of traditional varieties and wild races and varieties.

- Our enforcement strategies for protection of plant breeders’ rights in their registered plant varieties include identifying potential infringers, conducting market surveys and field surveys, sending legal notices, taking actions before Protection of Plant Varieties and Farmers’ Rights Authority, National Bureau of Plant Genetic Resources, Department of Biotechnology, Agriculture Commissioner, Department of Agriculture & Cooperation etc.

- We represent and assist our clients in taking strict legal actions against the use and/or registration of infringing and pirated varieties, which includes filing lawsuits for civil remedies, obtaining injunctions, etc.

- We also assist clients in research and commercialization of registered plant varieties, such through distributorship agreements, licenses, assignments, technology transfer agreements, researcher and collaboration agreements, outsourcing agreements, etc.

- We advise clients on matters pertaining to compulsory license, research exemption, reciprocal arrangements for registration in India, equitable benefit sharing, UPOV and other international arrangements, lawful acquisition of varieties, etc.

 

 
 
 

 


- Represented a multinational corporation engaged in producing genetically engineered seeds, in respect of its plant breeder rights for Chicory plant varieties and their propagating materials.

- Represented a research-driven biotechnology company in respect of a kit developed by it for detection of gender of an unborn child by assaying redox activity of maternal urine or other body fluid.

- Represented a research-driven biotech company in respect of its technology for progenitor endothelial cells capturing with a drug eluting implantable medical device.

- Represented a foreign government agricultural agency in respect of its technology for method for increasing concentration of a bioactive phytochemical Avenanthramides in Oats.

- Advised a contract clinical research company in relation to phase-I clinical trials for an anti-diabetic preparation in the context of regulatory approvals and compliances.

- Advised a domestic agricultural produce company with respect to importation rights for seeds of essentially derived varieties of Sugarcane.

- Represented a biotechnology products company in respect of its innovative method for transdermal delivery of androgens along with an enhancer for increasing the rate of its passage.

 
 


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ALG India Law Offices LLP - A-2, First Floor, Neeti Bagh, New Delhi - 110049, India

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