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Which plant varieties can not be protected under this Act?

Which plant varieties can not be protected under this Act?

A plant variety which is –

  1. Not capable of identifying such variety; or
  2. Consists solely of figures; or
  3. Is liable to mislead or to cause confusion concerning the characteristics, value, identify of such variety, or the identity of breeder of such variety;
  4. Is likely to deceive the public or cause confusion in the public regarding the identity of such variety;
  5. Is comprised of nay matter likely to hurt the religious sentiments respectively of any class or section of the citizens of India;
  6. Is prohibited for use as a name or emblem for any of the purposes;
  7. Is comprised of solely or partly of geographical name.

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.

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