The issue surrounding the mis classification of a candidate variety as 'New'
instead of extant variety, within the agricultural or botanical realm often
invokes questions of procedural correctness, legal implications, and
administrative flexibility. This article delves into the analytical assessment
of the consequences of such an error, particularly in light of the Registrar's
discretion to process it under the Extant category.
The nomenclature and classification of agricultural varieties play a pivotal
role in ensuring systematic cataloging, research, and development within the
agricultural sector. An inadvertent mistake in such categorization can lead to
various administrative and legal repercussions. However, the key question
remains: Is the mistake of styling a candidate variety as 'New' an irreparable
error, or can it be remedied without fatal consequences?
Understanding the 'New' Category:
In agricultural contexts, designating a variety as 'New' implies a set of
criteria and implications. Such a classification often denotes that the variety
has unique characteristics or distinctions that differentiate it from existing
or 'Extant' varieties. This categorization influences licensing, rights, and
commercial implications associated with the said variety.
Implications of Misclassification:
Registrar's Discretion and Administrative Flexibility
It's pivotal to consider the Registrar's role and discretion in such matters.
The Registrar, as an administrative entity, possesses the authority and
flexibility to interpret, rectify, or reconsider classifications based on the
merits of the case.
In the given scenario, the Registrar's decision to process the candidate variety
as an 'Extant' category indicates an exercise of this discretion. Such a
decision underscores the administrative flexibility inherent in regulatory
processes, enabling corrections to genuine errors without compromising
Remediable Oversight: Legal and Practical Considerations:
The decision to treat the misclassified variety as 'Extant' aligns with
pragmatic and equitable principles. It rectifies the inadvertent error, ensuring
that the variety is subject to appropriate regulations, research, and commercial
dynamics without the disproportionate implications of the 'New' categorization.
The concluding note:
The inadvertent mistake of styling a candidate variety as 'New' underscores the
complexities and nuances inherent in agricultural classifications. While such
errors demand scrutiny and rectification, they need not result in fatal
consequences, especially when administrative entities like the Registrar exhibit
flexibility, discretion, and a commitment to equitable resolutions. The decision
to process the variety as 'Extant' exemplifies a balanced approach, prioritizing
fairness, practicality, and the overarching objectives of agricultural
regulation and development.
Case Title: Pespsico India Holding Vs Kavitha Kuruganti
Date of Judgement/Order:09.01.2024
Case No. LPA 590/2023
Neutral Citation: 2023:DHC:83:DB
Name of Hon'ble Court: Delhi High Court
Name of Hon'ble Judge: Yashwant Varma+Dharmesh Sharma, H.J.
Ideas, thoughts, views, information, discussions and interpretation expressed
herein are being shared in the public Interest. Readers' discretion is advised
as these are subject to my subjectivity and may contain human errors in
perception, interpretation and presentation of the fact and issue involved
Written By: Advocate Ajay Amitabh Suman
, IP Adjutor - Patent and
Email: [email protected]
, Ph no: 9990389539