Uaci Seeds And Biotech Private Limited vs Gg Corp Science
2026 Latest Caselaw 1006 Cal/2

Calcutta High Court

Uaci Seeds And Biotech Private Limited vs Gg Corp Science on 16 February, 2026

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-8


                         IN THE HIGH COURT AT CALCUTTA
                         Intellectual Property Rights Division
                                   ORIGINAL SIDE

                               IA NO. GA-COM/1/2025
                                         In
                                  IP-COM/52/2025

                    UACI SEEDS AND BIOTECH PRIVATE LIMITED
                                      Vs
                               GG CORP SCIENCE



BEFORE:
The Hon'ble JUSTICE RAVI KRISHAN KAPUR
Date : 16th February, 2026
                                                                                 Appearance:
                                                                    Mr. Prashant Phillips, Adv.
                                                                           Ms. Diya Mal, Adv.
                                                                           ...for the petitioner.

                                                                 Mr. Shuvasish Sengupta, Adv.
                                                                             Mr. A Maity, Adv.
                                                                           Mr. S. Ghosh, Adv.
                                                                         ...for the respondent.

The Court: By an order dated 13 February, 2026, this matter was adjourned

for both the parties to suggest an independent expert who could provide the DNA

Report to examine the identity of the two products, i.e., the registered product

being SS 511 and the impugned product being GG-511.

In view of the names submitted on behalf of the parties, Surya Seed

Lab/NSURYA Seed Lab, having their office at Hyderabad, is appointed to file a

Report as to whether the two products, i.e., the registered product and the

impugned product are similar or not.

The Advocates on behalf of the petitioner are directed to inform the above

named entity of the exercise to be carried out by them.

It is clarified that the above expert agency would also expressly answer

whether:

i) the number of markers tested is sufficient for reliable varietal comparison;

ii) the registered variety and the impugned variety are similar or distinct;

iii) If not distinguishable, whether they may be considered genetically identical on the basis of the markers assessed; and

iv) If distinguishable, clearly state whether the differences occur and at which marker.

The above independent expert agency is also directed to conduct testing

using not less than 101 SSR markers.

The expense for such Report would be borne at the first instance exclusively

by the petitioner.

Let this matter appear on 23 March, 2026 for filing of the Report by the

above entity.

(RAVI KRISHAN KAPUR, J.)

spal