Supreme Court stays HC order declaring S.24(5) PPVFRA unconstitutional

The Supreme Court of India on July 31 stayed operation of the Delhi High Court order in which it had declared Section 24(5) of the Protection of Plant Varieties and Farmers Rights Act, 2001 (PPVFRA) unconstitutional.

Pioneer Overseas Corporation and Union of India filed the Special Leave Petition before the Supreme Court challenging the order of the Delhi High Court.

Section 24(5) PPVFRA, in line with the International Union for the Protection of New Varieties of Plants, provides provisional protection to plant breeders against any abusive acts by a third party during the interim period from filing of the application till the grant thereof.