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

Kisan Agro Producers cultivates a medicinal plant and sells its products to a pharmaceutical buyer. It wants to rely on the exemption in the proviso to section 7(1) for cultivated medicinal plants. What condition does section 7(2) impose?

Kisan Agro must obtain a certificate of origin from the Biodiversity Management Committee. Under section 7(2), the exemption for cultivated medicinal plants is available only if such a certificate is obtained in the prescribed manner, and the committee issues it based on entries in its books.

  1. AIt must obtain a certificate of origin from the Biodiversity Management CommitteeCorrect
  2. BIt must obtain a certificate of origin from the National Biodiversity Authority
  3. CIt must give prior intimation to the Central Government
  4. DIt must register the plant under a sui generis system

Explanation

Section 7(2) provides that for cultivated medicinal plants the exemption is available only if a certificate of origin is obtained from the Biodiversity Management Committee in the prescribed manner. Under section 7(3), the committee issues it on the basis of entries in its books. The National Biodiversity Authority is not the issuing body.

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