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What is the meaning of “Essentially Derived Variety” as per PPVFR Act, 2001?

What is the meaning of “Essentially Derived Variety” as per PPVFR Act, 2001?

“Essentially Derived Variety” is a variety which is predominantly derived from another variety (protected or otherwise) and conforms to the initial variety in all aspects except for the differences which result from the act of derivation, and yet is clearly distinguishable from such initial variety.

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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