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

Lakshmi, a Odisha villager, conserves and preserves traditional paddy varieties and adds value by selecting and identifying their useful properties, though she does not till land herself. Is she a 'farmer' under the Act?

Yes. The Act's definition of farmer includes a person who conserves and preserves traditional varieties or adds value to them through selection and identification of useful properties, so personal cultivation of land is not required.

  1. ANo, a farmer must cultivate land personally
  2. BNo, a farmer must supervise cultivation through others
  3. CYes, because conserving traditional varieties or adding value through selection and identification of useful properties qualifiesCorrect
  4. DYes, but only if she registers a variety as a breeder

Explanation

Section 2(k)(iii) includes a person who conserves and preserves, severally or jointly, wild species or traditional varieties or adds value through selection and identification of useful properties. Personal cultivation under clause (i) is only one route.

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