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

Meera Seeds developed variety B by selecting from registered variety A. B is clearly distinguishable from A, but is predominantly derived from A, and conforms to A in the expression of essential characteristics except for differences resulting from the derivation. How is B classified under the Act?

B is an essentially derived variety of A. It is predominantly derived from A, retains its essential characteristics, is clearly distinguishable, and conforms to A except for differences resulting from derivation, satisfying all three limbs of the definition.

  1. AEssentially derived variety of ACorrect
  2. BFarmers' variety
  3. CExtant variety only because it is distinguishable
  4. DA wholly new variety unrelated to A

Explanation

Section 2(i) says a variety is essentially derived from an initial variety when it is predominantly derived from it while retaining essential characteristics, is clearly distinguishable, and conforms to the initial variety except for differences from the act of derivation. B meets all three limbs. Distinguishability alone does not make it unrelated.

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