In Nuziveedu Seeds Pvt Ltd v Protection of Plant Varieties and Farmers' Rights Authority (Delhi High…

The Court held that "DUS testing must precede advertisement of the application", agreeing with the earlier decision in Pioneer Overseas Corporation. Advertisements issued without prior DUS testing were set aside, except for four varieties already registered, and the applications were remitted for testing. Where DUS tests had already been done they need not be repeated, but the results had to be shared with the objectors; testing was not made optional or postponed until after registration.