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How is an “Extant Variety” defined in PPVFR Act 2001?

How is an “Extant Variety” defined in PPVFR Act 2001?

“Extant Variety” means a variety, which is–

  • Notified under section 5 of the Seeds Act, 1966 (54 of 1966).
  • A farmers’ variety.
  • A variety about which there is common knowledge.
  • Any other variety which is in the public domain.

Variety means a plant grouping except micro-organism within a single botanical taxon of the lowest known rank, which can be-

(i) defined by the expression of the characteristics resulting from a given genotype of that plant grouping.

(ii) distinguished from any other plant grouping by expression of at least one of the said characteristics; and

(iii) considered as unit with regard to its suitability for being propagating, which remain unchanged after such propagation, and includes propagating material of such variety, extant variety, transgenic variety, farmers’ variety and essentially derived variety.

Intellectual Property Rights (IPR) are about creations of the mind, they are granted to creators of IP, for ideas which are new and original, by the respective governments. No one can use others’ IPR without their permission. These rights come with limited monopoly and exclusivity.


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