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

A village in Odisha has for generations grown a local paddy landrace, and farmers there share common knowledge of it. A company claims it as a new variety. Under the Act, how is this paddy best classified?

It is a farmers' variety, which the Act places within extant varieties. A variety traditionally cultivated and evolved by farmers, or a land race about which farmers share common knowledge, is covered, so the company cannot treat it as a new variety.

  1. AA farmers' variety, which falls within extant varietiesCorrect
  2. BAn essentially derived variety of the company's line
  3. CA convention country variety
  4. DA transgenic variety only

Explanation

A farmers' variety is one traditionally cultivated and evolved by farmers in their fields, or a wild relative or land race about which farmers possess common knowledge. An extant variety expressly includes a farmers' variety. The paddy is therefore not a new variety of the company.

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