CS Professional · Intellectual Property Rights - Law and Practice · Protection of Plant Varieties
Agrigen Ltd has registered a cotton variety, Alpha. Bhavya Seeds develops Beta from Alpha by a minor change. Beta is clearly distinguishable from Alpha, retains the expression of Alpha's essential characteristics from its genotype, and conforms to Alpha in those characteristics except for differences resulting from the act of derivation. Which classification applies to Beta?
Beta is an essentially derived variety of Alpha. It is predominantly derived from Alpha, keeps the expression of its essential characteristics, is clearly distinguishable, and conforms to Alpha except for differences resulting from the act of derivation, which together meet the statutory definition.
- AExtant variety, because it is available in India
- BFarmers' variety, because it was bred by a seed firm
- CEssentially derived variety of AlphaCorrect
- DA new independent variety with no link to Alpha
Explanation
An essentially derived variety is predominantly derived from the initial variety while retaining the expression of its essential characteristics, is clearly distinguishable from it, and conforms to it except for differences resulting from derivation. Beta meets all three limbs. The independent-variety option ignores the predominant derivation.
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