JUDGMENT :

I.P. MUKERJI, J.

1. As all the relevant papers are before us, we propose to dispose of the appeal and the stay application by this common judgment and order, dispensing with all formalities.

2. The Protection of Plant Varieties and Farmers’ Rights Act, 2001 (PPVFR Act) is a relatively new Act. Sections 2 to 13, 95, 96 and 97 came into force on 11th November, 2005 whereas Sections 1 and 14 to 94 came into force on 19th October, 2006. The preamble to the Act explains its purpose, inter-alia, to protect “plant varieties, the rights of farmers and plant breeders and encourage development of new varieties of plants.” Implementation of the Act would also inter-alia, result in high quality seeds and “planting materials to the farmers.”

3. This Act recognizes grant of a kind of ownership rights or patent to producers of unique and distinctive varieties of plants and seeds from which they germinate. The producer or breeder as he is described in this Act of this new variety has the exclusive right to produce and deal with it, without interference from any rival. Obviously, to identify the unique product, a name has to be given to it. In our case, the variety involved is PAN 804. The b