Skip to content

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

A compulsory licence is granted for a cotton variety registered with 6 years of protection remaining. The Authority is deciding how long the licence should run. Which statement is correct?

The Authority determines the duration, which may vary from case to case given gestation periods and other factors, but it can never exceed the remaining period of protection, here 6 years. It is neither fixed at 6 years nor chosen by the licensee.

  1. AIt must run for exactly 6 years
  2. BIt may vary from case to case, considering gestation periods, but cannot exceed the 6 remaining yearsCorrect
  3. CIt may exceed 6 years if the licensee pays the annual benefit fee
  4. DIt must be fixed by the licensee and can be of any length

Explanation

Section 50 lets the Authority fix the duration, which may vary by case with regard to gestation periods and other factors. The duration can never exceed the total remaining period of protection, here 6 years. It is not fixed at exactly 6 years, and the licensee does not set it.

Did you get it right without looking?

One question tells you little. A timed set on Protection of Plant Varieties shows your real accuracy, how long you take and where you lose marks.

Practise Protection of Plant VarietiesFree diagnostic mock

More Protection of Plant Varieties questions