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CS Professional · Intellectual Property Rights - Law and Practice · Biological Diversity

Sundar Seeds Ltd applies under the plant variety protection law for registration of a new rice variety developed using Indian landraces. A friend says it must first obtain NBA approval under section 6 of the Biological Diversity Act, 2002. Which statement is correct?

Section 6 does not apply to an application under the plant variety protection law. However, when such a right is granted, the granting authority must endorse a copy of the grant document to the National Biodiversity Authority.

  1. ASection 6 does not apply to applications under a law relating to protection of plant varieties, but the granting authority must endorse a copy of the grant to the NBACorrect
  2. BSection 6 applies fully, so NBA approval is required before the variety is registered
  3. CSection 6 does not apply and the NBA need not be informed of any grant
  4. DSection 6 applies only if the variety is registered in a foreign country

Explanation

Section 6(3) excludes applications for rights under a law relating to protection of plant varieties. However, section 6(4) requires the authority granting such right to endorse a copy of the document granting it to the NBA. So the option saying the NBA need not be informed is wrong.

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