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

Agri-Seeds Pvt Ltd of Pune develops a maize plant grouping that can be defined by the expression of characteristics from a given genotype and distinguished from other groupings by at least one characteristic. It also stays unchanged after propagation. Which further element does the Act's definition of 'variety' require?

A variety must be a plant grouping, excluding micro-organisms, within a single botanical taxon of the lowest known rank. Besides this, it must meet the genotype definition, distinguishability and unchanged-propagation tests. Seeds Act notification or traditional cultivation is not required for every variety.

  1. AIt must be a plant grouping within a single botanical taxon of the lowest known rank, excluding micro-organismsCorrect
  2. BIt must have been notified under the Seeds Act, 1966
  3. CIt must contain a transgene introduced by recombinant technology
  4. DIt must have been traditionally cultivated by farmers

Explanation

The Act defines a variety as a plant grouping, except micro-organisms, within a single botanical taxon of the lowest known rank. It must also meet the three tests on genotype expression, distinguishability and unchanged propagation. Seeds Act notification, transgenic status and traditional cultivation relate to extant, transgenic or farmers' varieties, not to every variety.

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