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

BioGrow Ltd seeks to register a cotton variety developed using genetic use restriction technology (terminator technology), which the Authority finds injurious to the life or health of animals and plants. Cotton is on the notified list of genera and species. What is the position?

The variety cannot be registered. The Act prohibits registering any variety involving technology injurious to the life or health of humans, animals or plants, and expressly includes genetic use restriction and terminator technology. Notification of the species or a benefit-sharing arrangement does not cure this bar.

  1. AThe variety can be registered if it is a new variety of a notified species
  2. BThe variety cannot be registered, because a variety involving technology injurious to life or health is barred, and that technology includes genetic use restriction and terminator technologyCorrect
  3. CThe variety can be registered only as an extant variety
  4. DThe variety can be registered if a benefit-sharing arrangement is filed

Explanation

Section 29(3) bars registration of any variety involving technology injurious to the life or health of humans, animals or plants. The Explanation includes genetic use restriction technology and terminator technology. Being on the notified list does not override this bar, and benefit sharing is irrelevant.

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