In Pioneer Overseas Corporation v Chairperson, Protection of Plant Varieties and Farmers' Rights…
Section 21(4) says an applicant who does not send a counter-statement within two months "shall be deemed to have abandoned his application". In Pioneer Overseas the Delhi…
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In Pioneer Overseas Corporation v Chairperson, Protection of Plant Varieties and Farmers' Rights Authority (Delhi High Court, 2019), what did the Court hold on the effect of an applicant's failure to file a counter-statement to an opposition under section 21(4) of the PPV&FR Act, 2001?
Answer and explanation
Correct answer C
Section 21(4) says an applicant who does not send a counter-statement within two months "shall be deemed to have abandoned his application". In Pioneer Overseas the Delhi High Court held that this legal fiction applied, so the application for the competing maize variety stood abandoned. The Court also held that the Registrar must be fully satisfied of DUS conformity and that a DUS report is not binding on an opponent.
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