CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties
A wheat variety has been notified under section 5 of the Seeds Act, 1966, and is widely available in India. Which description fits it under the Act's definitions?
It is an extant variety. The Act defines an extant variety as one available in India that is notified under section 5 of the Seeds Act, 1966, among other limbs such as farmers' varieties or varieties in the public domain.
- AExtant varietyCorrect
- BEssentially derived variety
- CTransgenic variety only
- DVariety excluded because it is a micro-organism
Explanation
An extant variety is one available in India that is notified under section 5 of the Seeds Act, 1966, or is a farmers' variety, a variety of common knowledge or one in the public domain. The notified wheat variety meets the first limb. Nothing indicates derivation or transgenic status, and wheat is not a micro-organism.
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