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

Meena, a farmer in Gujarat, packs seed of a registered variety in labelled bags stating that the seed is of that protected variety and sells the bags in the local market. What is the legal position?

The sale is not permitted. A farmer may sell farm produce including seed of a protected variety, but not branded seed. Seed put in a package or container and labelled as being of a protected variety is branded seed, so Meena's labelled bags fall outside the farmer's entitlement.

  1. APermitted, because a farmer may sell any seed of a protected variety
  2. BNot permitted, because a farmer cannot sell branded seed of a protected varietyCorrect
  3. CPermitted, if she sells only within her own district
  4. DNot permitted, because farmers can never sell seed of protected varieties

Explanation

The proviso to Section 39(1)(iv) bars a farmer from selling branded seed, meaning seed in a package or container labelled as being of a protected variety. Option D is wrong because unbranded farm-produce seed can be sold. Territory is irrelevant.

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