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

The Central Government proposes to delete maize from the notified list of genera or species. Several breeders already hold registrations for maize varieties. Under the Act, what is the position?

The Central Government may delete a genus or species only in the public interest. Once excluded, varieties belonging to it are not eligible for any protection under the Act. The Registrar-General has no power to delete, and breeders' consent is not required.

  1. ADeletion may be made only in the public interest, and a variety of an excluded genus or species gets no protection under the ActCorrect
  2. BDeletion is allowed at any time, but registered varieties keep protection for their full term
  3. CDeletion requires consent of every registered breeder of the species
  4. DDeletion is allowed by the Registrar-General, and protection continues until renewal

Explanation

Section 29(4) says the Central Government shall not delete any genus or species from the notified list except in the public interest. Under section 29(5), any variety of an excluded genus or species is not eligible for protection under the Act. The distractor that preserves protection for the full term contradicts section 29(5).

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