Supreme Court stays operation of judgment by the Delhi High Court, which struck down section 24(5) of PPVFRA

Supreme Court of India has stayed operation of the Delhi High Court judgment, which struck down section 24(5) of the Protection of Plant Varieties & Farmers’ Rights Act [#PPVFRA], till the next hearing.

The impugned section gave power to Registrar under PPVFRA to issue directions to protect interests of a breeder against “any abusive act” committed by any third party.

The Delhi High Court stated that the considerations which the Registrar has to keep in mind, whilst scrutinizing applications for interim relief, the conditions for the grant of such order, its duration, nature of the order itself, are left vague. Per se the term “abusive act” is not defined under PPVFRA.

In view of the same, the Delhi High Court had held said section to be void as same gave unguided nature of Power which is destructive to rule of Law and contrary to Article 14.

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