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

Rohan Biotech registered a rice variety but does not arrange production and sale of its seed in the prescribed manner, so farmers cannot get it. Which power of the Authority is relevant?

The Authority may provide for compulsory licensing of the variety. Its duties include ensuring seeds of registered varieties are available to farmers, and compulsory licensing applies where the breeder fails to arrange production and sale of seed in the prescribed manner.

  1. ACancelling the farmers' own varieties
  2. BProviding for compulsory licensing of the variety to ensure seeds are available to farmersCorrect
  3. CDeleting the denomination from the Register
  4. DConverting the variety into an extant variety

Explanation

Section 8(2)(e) lets the Authority ensure seeds of registered varieties are available to farmers and provide for compulsory licensing where the breeder or another entitled person does not arrange production and sale in the prescribed manner. The other options are not provided there.

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