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

A group of farmers in Odisha, working jointly, has bred and developed a new vegetable variety, and a village agricultural cooperative has also taken part in conserving its parent landraces. A dispute arises on whether the farmers can be a 'breeder' under the Act. Which statement is correct?

The farmers can be breeders. The Act defines a breeder as a person or group of persons, a farmer or group of farmers, or any institution that has bred, evolved or developed a variety, so a joint group of farmers qualifies without needing to be a company or scientist.

  1. AOnly an individual scientist or a registered company can be a breeder
  2. BOnly an institution can be a breeder, not farmers
  3. CA breeder includes a person, a group of persons, a farmer, a group of farmers or any institution which has bred, evolved or developed the varietyCorrect
  4. DOnly a farmer who personally ploughs his own land can be a breeder

Explanation

Section 2(c) defines a breeder as a person or group of persons or a farmer or group of farmers or any institution which has bred, evolved or developed any variety. So a group of farmers qualifies. The other options narrow the definition wrongly.

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