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

The National Gene Bank of a research institute asks what the Act's definition of 'propagating material' covers. Which statement is correct?

Propagating material means any plant or its component or part, including an intended seed or seed, that can regenerate into a plant or is suitable for doing so. It is not limited to packaged seed or to notified varieties.

  1. AIt covers only seeds sold in sealed packets
  2. BIt covers any plant or its component or part, including an intended seed or seed, capable of or suitable for regeneration into a plantCorrect
  3. CIt covers only micro-organism cultures used for breeding
  4. DIt covers only plants notified under the Seeds Act, 1966

Explanation

Propagating material is defined as any plant or its component or part, including an intended seed or seed, that is capable of or suitable for regeneration into a plant. It is therefore wider than packaged seed. Micro-organisms are in fact excluded from the definition of variety.

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