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

Lakshmi, a tribal farmer in Odisha, has for years conserved and improved a land race through selection and preservation. A breeder later used her preserved material as a donor of genes in a variety registrable under the Act. What is she entitled to?

Lakshmi is entitled, in the prescribed manner, to recognition and reward from the Gene Fund. The Act grants this to farmers conserving land races and wild relatives, provided the preserved material has been used as donors of genes in varieties registrable under the Act.

  1. AAutomatic ownership of the breeder's registered variety
  2. BRecognition and reward from the Gene Fund in the prescribed mannerCorrect
  3. CCompensation from the breeder for failure of performance
  4. DExemption from all registration fees for any future variety

Explanation

Section 39(1)(iii) entitles a farmer engaged in conserving land races and wild relatives and improving them to recognition and reward from the Gene Fund, provided the material was used as donors of genes in registrable varieties. The conditions are met here. The other options are not provided by that clause.

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