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

Harpreet, a farmer, bred a new variety on his own land and wishes to protect it. Which statement is correct under the Act?

Harpreet is entitled to registration and other protection in like manner as a breeder. A farmers' variety is also registrable if the application contains the declarations specified in clause (h) of sub-section (1) of section 18.

  1. AHe may not register it because only institutions can be breeders
  2. BHe may register it only as an extant variety
  3. CHe is entitled to registration and other protection like a breeder, and a farmers' variety is registrable if the application contains the declarations specified in section 18(1)(h)Correct
  4. DHe may register it only after the Authority catalogues it compulsorily

Explanation

Section 39(1)(i) gives a farmer who has bred or developed a new variety the same entitlement to registration and protection as a breeder. Under 39(1)(ii) a farmers' variety is registrable if the application has the declarations specified in section 18(1)(h). Options A, B and D add conditions not found in the text.

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