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CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties

A breeder wishes to register a variety of a crop whose genus is not included in the list notified by the Central Government for registration of new varieties. Which statement is correct?

Registration of varieties other than extant and farmers' varieties is available only for genera or species notified by the Central Government under section 29(2). A new variety of an unnotified crop cannot be registered, whichever office receives the application.

  1. AThe Registrar-General may register it at a branch office
  2. BIt can be registered if it is a new variety, even though it is not notified
  3. CIt is registrable only after the Authority Fund approves it
  4. DRegistration of varieties other than extant and farmers' varieties is made only for genera or species notified by the Central GovernmentCorrect

Explanation

Section 29(2) requires the Central Government to specify by notification the genera or species for registering varieties other than extant varieties and farmers' varieties. A new variety of an unnotified crop therefore cannot be registered. Branch offices only facilitate registration and cannot widen the list.

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