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

Kisan Collective discovers a rice line that is predominantly derived from a registered initial variety of Nirmal Agro. It is clearly distinguishable from the initial variety and, except for differences resulting from derivation, conforms to it in the expression of the essential characteristics. How does the Act classify it?

It is an essentially derived variety. The Act treats a variety as essentially derived when it is predominantly derived from the initial variety, is clearly distinguishable from it, and conforms to it in essential characteristics except for differences arising from derivation. All three conditions are satisfied.

  1. AA farmers' variety, because it was bred by farmers
  2. BAn extant variety, because it is available in India
  3. CAn essentially derived variety of the initial varietyCorrect
  4. DA new variety unrelated to the initial variety

Explanation

The Act defines an essentially derived variety as one predominantly derived from the initial variety while retaining expression of essential characteristics, clearly distinguishable from it, and conforming to it except for differences from derivation. All three conditions are met here. Who bred it does not make it a farmers' variety, and it is not unrelated.

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