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

The Central Government notified a list of genera and species for registration of new varieties. Later, in the public interest, it deleted species 'Z' from that list. Rani Seeds owns a variety of species Z. Under the Act, what follows for varieties of species Z?

Varieties of the deleted species are not eligible for any protection under the Act. The Act permits deletion of a genus or species from the notified list only in the public interest, and says varieties of an excluded species get no protection.

  1. AThey remain protected until the registration term expires
  2. BThey are protected only as farmers' varieties
  3. CThey are protected if the breeder pays the annual fee
  4. DThey are not eligible for any protection under the ActCorrect

Explanation

Section 29(4) allows deletion of a genus or species only in the public interest. Section 29(5) says any variety belonging to a genus or species so excluded is not eligible for any protection under the Act. Hence continued protection, partial protection or fee payment does not help.

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