Uaci Seeds And Biotech Private Limited vs Gg Corp Science
2026 Latest Caselaw 940 Cal/2

Calcutta High Court

Uaci Seeds And Biotech Private Limited vs Gg Corp Science on 13 February, 2026

Author: Ravi Krishan Kapur

Bench: Ravi Krishan Kapur

OIPD-6

                         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 : 13th February, 2026
                                                                                 Appearance:
                                                                    Mr. Prashant Phillips, Adv.
                                                                       Ms. Joyita Ghosh, Adv.
                                                                           ...for the petitioner.

                                                                 Mr. Shuvasish Sengupta, Adv.
                                                                       Mr. Souvik Ghosh, Adv.
                                                                      Mr. Arindam Maity, Adv.
                                                                          ...for the respondent.

The Court: This is an action for infringement of a registered plant variety

under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPV Act).

The petitioner seeks urgent interim relief.

The principal grievance of the petitioner is directed against sale and

distribution of a variety of rice, i.e., GG-511 being sold by the respondent. The

petitioner is a manufacturer and distributor of a similar product being 'SS 511' and

submits that both products are identical. This fact is disputed by the respondent

who submits that the products are not identical and their product is more in line of

a product 'MTU 1153'.

Both parties have relied upon on scientific evidence to substantiate their

respective claims.

Section 67 of the Act provides for the opinion of scientific adviser before the

Court arrives at any conclusion.

In order to adjudicate upon this fact as to whether both the products are

similar or not, a DNA Report is suggested for to prima facie establish the identity of

the two products, i.e., the registered product and the impugned product.

Both parties pray for an opportunity to take instructions as to the name and

identity of a mutually acceptable entity to provide such Report.

In view of the above, let this matter appear on 16 February, 2026 for the

limited purpose of the parties providing the name of an entity.

By consent of the parties, the requirement of service of Writ of Summons is

dispensed with. Liberty is granted to the defendant to file their Written Statement

within the prescribed time period.

(RAVI KRISHAN KAPUR, J.)

spal