ARTICLES

Dawn Raids–Issues and Challenges under The Indian Competition Act, 2002

“Dawn Raid” is a common tool used by an Investigating arm of competition agency (In India - Director General (DG) of Competition Commission), to gather documentary and other evidence in an anti-trust probe. Businesses and trade bodies faced with investigation/inquiry for suspected infringements, run a risk of their premises being ‘raided’ by DG. There is thus immense need to understand the (I) the limits, conditions and manner in which the ‘unannounced raid’ can be undertaken, (II) the rights and obligations of investigated enterprise; and (III) post raid actions. Prudence suggests to have in place a detailed customised programme to minimise its likelihood or to effectively meet it as evidence gathered during ‘search & seizure’ is foundation & precursor to outcome of Inquiry.

Ensuring Food Security and Protection of Plant Varieties

Majority of the Indians are farmers or plant breeder who endeavors in the agriculture sector are providing for a leap for the development of the economy and as well the nation. The contribution of these farmers and breeders to the society is enormous in facilitating staple food for the hunger needs of the society. It was felt that there is a need to acknowledge and protect the interests of the farmers and plant breeders in order to encourage them in feeding the hunger needs. It was felt that their endeavors should be identified through rewards. In fact, it was a long-standing urge to evolve a suitable and comprehensive legal framework where in farmers and breeders are encouraged and rewarded. International community identifying the need evolved a convention on the protection of plant varieties to which India is a party. Further, TRIPS (Trade-related Aspects of Intellectual Property Rights) agreement a comprehensive legal framework on intellectual property rights stressing on the significance of farmers and breeders contribution mandates its member states to evolve a sui generis system for the protection of plant verities. India following the suit brought up its law on the protection of plant verities, i.e. Protection of Plant Varieties and Farmers Rights Act, 2001, where in it offers protection for plant varieties and rewards the efforts of farmers and plant breeders. The present paper focuses on the legal framework on the protection of plant verities and discusses how effective the same is in rewarding the endeavors of farmers and breeders. It tries to throw light on the mechanism for the protection of plant varieties and the legal and scientific requirements that a variety needs to satisfy before obtaining the protection. The paper also conducts a study on the peculiar features of Indian plant variety system such as; benefit sharing by the community groups and farmers rights.