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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Green Seeds Ltd applies under the plant varieties protection law for registration of a new variety developed from an Indian landrace. A director asks whether it must first obtain NBA approval under section 6 of the Biological Diversity Act, 2002. What is the correct position?

Section 6 does not apply to applications under a plant variety protection law, so prior NBA approval is not required. However, the authority granting the right must endorse a copy of the grant document to the National Biodiversity Authority.

  1. AApproval is needed, but only if the variety is exported
  2. BSection 6 does not apply to an application under a law relating to protection of plant varieties, but the granting authority must endorse a copy of the right to the NBACorrect
  3. CSection 6 applies fully, and NBA approval must be obtained before filing
  4. DSection 6 does not apply, and the NBA has no role even after the right is granted

Explanation

Section 6(3) excludes applications under a law relating to protection of plant varieties from section 6. Under section 6(4), the authority granting such a right must endorse a copy of the document to the NBA. So the NBA is informed, though approval is not required.

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