Skip to content

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

Vijaya Hybrids Pvt. Ltd. holds a registered wheat variety but has not arranged production and sale of its seed in the prescribed manner, and farmers in Punjab cannot obtain it. Relying on section 8, what can the Authority do?

The Authority may provide for compulsory licensing of the variety. Its general functions include ensuring registered varieties' seeds reach farmers, and where the breeder or another entitled person fails to arrange production and sale in the prescribed manner, compulsory licensing is the measure the Act contemplates.

  1. ACancel the registered variety and delete the Registry's seal
  2. BProvide for compulsory licensing of the variety to ensure seeds are available to farmersCorrect
  3. CDirect the Registrar-General to transfer the breeder's ownership to the Central Government
  4. DOnly collect statistics, as it has no power over seed availability

Explanation

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

Did you get it right without looking?

One question tells you little. A timed set on Protection of Plant Varieties shows your real accuracy, how long you take and where you lose marks.

Practise Protection of Plant VarietiesFree diagnostic mock

More Protection of Plant Varieties questions