CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property
Kaveri Agro, a Bengaluru firm, develops a new rice variety and keeps its parental seed lines confidential in its labs. It also wants to protect the variety itself against others multiplying and selling its seed. Which route is most appropriate for the variety itself under Indian law?
Kaveri Agro should seek registration under the Protection of Plant Varieties and Farmers' Rights Act, 2001. That Act grants breeder's rights over new, distinct, uniform and stable varieties, while confidentiality of parental lines remains a separate trade secret protection.
- ARegistration under the Protection of Plant Varieties and Farmers' Rights Act, 2001Correct
- BRegistration as a geographical indication
- CTreating it only as a trade secret, since plant varieties cannot be registered anywhere in India
- DRegistering it as an industrial design
Explanation
The PPVFR Act, 2001 provides breeder's rights over registered new, distinct, uniform and stable varieties. Confidentiality of parental lines is a separate trade secret matter. A GI relates to origin-linked goods, and a design protects visual features, so neither fits a plant variety.
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