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

Ravi, a Punjab resident, grows wheat himself and also conserves and preserves, jointly with a neighbour, a traditional wild wheat variety, adding value by selecting its useful properties. His status as a 'farmer' is questioned. What is the position under the Act?

Ravi is a farmer. The Act's definition includes a person who cultivates crops himself and also one who conserves and preserves, alone or jointly, wild species or traditional varieties or adds value to them through selection and identification of useful properties. Registration of the variety is not required.

  1. AHe is not a farmer because he conserves rather than cultivates
  2. BHe is a farmer only if he cultivates every crop through hired labour
  3. CHe is a farmer, as the definition covers a person who cultivates crops himself and also one who conserves and preserves traditional varieties or adds value through selection and identification of useful propertiesCorrect
  4. DHe is a farmer only if he has registered the variety in the National Register

Explanation

Section 2(k) covers a person who cultivates crops by himself, or by directly supervising others, or who conserves and preserves wild species or traditional varieties, or adds value through selection. Ravi satisfies two limbs. Registration is not a condition.

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