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

Kisan Agro Ltd. holds rights in a registered cotton variety but produces and sells no seed, so farmers in a district cannot get it. Which measure may the Authority adopt under its general functions to deal with this?

The Authority may provide for compulsory licensing of the variety. Section 8(2)(e) empowers it to ensure seed is available to farmers, and where the breeder or another entitled person does not arrange production and sale of seed in the prescribed manner, compulsory licensing can be used.

  1. AProviding for compulsory licensing of the variety if the breeder or another entitled person does not arrange production and sale of seed as prescribedCorrect
  2. BCancelling the company's Register entry and deleting the variety's denomination at once
  3. CRequiring the company to pay all its profits into the Gene Fund
  4. DDirecting the Central Government to treat the variety as an extant variety

Explanation

Section 8(2)(e) lets the Authority ensure seed availability to farmers and provide for compulsory licensing where the breeder or another entitled person does not arrange production and sale in the prescribed manner. The other options are not measures named in that section.

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