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Consider the following statements: 1. According to the Indian Patents Act, a biological process to create a seed can be patented in India. 2. In India, there is no Intellectual property Appellate Board. 3. Plant varieties are not eligible to be patented in India. Which of the statements given above is/are correct?

Consider the following statements: 1. According to the Indian Patents Act, a biological process to create a seed can be patented in India. 2. In India, there is no Intellectual property Appellate Board. 3. Plant varieties are not eligible to be patented in India. Which of the statements given above is/are correct? Correct Answer 3 only

The Correct Answer is Option 3 i.e. 3 only.

  • Article 3(J) of Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for production or propagation of plants and animals”. Hence Statement 1 is Not Correct.
  • The Intellectual Property Appellate Board (IPAB) was constituted on 2003 by the Government of India to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. Hence statement 2 is Not Correct.
  • Plant variety protection provides legal protection of a plant variety to a breeder in the form of Plant Breeder’s Rights (PBRs).
  • In India, the Plant Variety Protection And Farmers Rights (PPVFR) Act, 2001 is a sui generis system that aims to provide for the establishment of an effective system for the protection of plant varieties and the rights of plant breeders and farmers.
  • There are no laws in India that allows for patenting plants.Hence Statement 3 is Correct.

Related Questions

Consider the following statements.
1. According to the Indian Patents Act, a biological process to create seed can be patented in India.
2. In India, there is no Intellectual Property Appellate Board.
3. Plant varieties are not eligible to be patented in India.
Which of the statements given above is/are not correct?
Identify the correct sequence of seed germination from the steps given below: (a) After the leaves appear, then the young plants can make their own food. (b) Seed absorbs water through a hole. This softens the seed coat and it ruptures. (c) A soft shoot emerges from the seed and grows upwards. (d) During this stage, the baby plant lives on the food stored in the seed. (e) A small root emerges from the seed which grows downwards.
Which of the following statements is/are correct?
1. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Appellate Tribunal
2. Appeals under Section 57 of the Information Technology Act, 2000, can be filed only before the Cyber Appellate Tribunal
3. The appeal under the Information Technology Act, 20000, can be filed before the Telecom Disputes Settlement and Appellate Tribunal established under the Telecom Regulatory Authority of India Act, 1997
Select the correct answer using the given below:
Under which of the following situations, the appellate tribunal can rectify the mistake in the order passed by it Under Section 254 (2) of Income Tax Act?
1. If subsequent decision of the Supreme Court/High Court is available on the subject after the appellate tribunal's order.
2. If an assessee apply for rectification of the tribunal's order by raising fresh grounds before the tribunal.
3. If the omission or mistake is on the part of appellate tribunal.
4. If the order is passed by the appellate tribunal under an erroneous impression of fact or law.
Select the correct answer:
Study the following information to answer the questions given below: A company wants to hire young professionals where students of any graduate stream can participate in the drive. But company put some eligibility criteria. There are two rounds, round one consist of aptitude test and 2nd round is personal interview. 1) Student having no backlogs is eligible to participate in the drive. 2) Student must have at least 68 percentages in 10th and 12th. 3) Student having greater than 85 percentages in graduation without any backlogs are eligible for direct interview round. If the 1st or 2nd criteria not fulfilled then, 1) If a candidate has a work experience of 1 year in any field he is eligible to appear in aptitude round. But if the candidate has not clear his backlogs he is not eligible to participate in the drive. Amit a commerce student has a score of 69 percentages in 10th and 12th. He is currently working in an IT company for 15 months. In graduation he scored only 65 percentages and also clears his backlogs.
Which of the following statements is/are correct?
1. Under the Information Technology Act, 2000, the appellant can make a legal representation in person.
2. The appellant can authorize one or more legal practitioners to present his case before the Cyber Appellate Tribunal.
3. The provisions of the Limitation Act, 1963 are not applicable to an appeal before the Cyber Appellate Tribunal.
4. The Cyber Appellate Tribunal is bound by the procedure laid down by the Code of Civil Procedure, 1908.
Select the correct answer using the give below:-
With reference to the 'Prohibition of Benami Property Transactions Act, 1988 (PBPT Act)', consider the following statements: 1. A property transaction is not treated as a Benami transaction if the owner of the property is not aware of the transaction. 2. Properties held Benami are liable for confiscation by the Government. 3. The Act provides for three authorities for investigations but does not provide for any appellate mechanism. Which of the statements given above is/are correct?
Which of the following statements relating to election as the President of India is/are correct? 1. A person above the age of thirty-five years is eligible for election as the President of India. 2. The President of India is eligible for re-election for more than one term. 3. A person is not eligible for election as the President of India if the person holds an office of profit. Select the correct answer using the code given below:
In the following question, sentences of a paragraph have been jumbled and labelled as A, B, C and D. You are required to rearrange the jumbled sentences of the paragraph and mark your response accordingly by selecting the correct option. A: The most common example of germination is the sprouting of a seedling from a seed. B: It is also the process of reactivation of the metabolic machinery of the seed. C: It is usually the growth of a plant contained within a seed; it results in the formation of the seedling.  D: Germination is the process by which an organism grows from a seed or similar structure.
With reference to the 'National Intellectual Property Rights Policy', consider the following statements: 1. It reiterates India's commitment to the Doha Development Agenda and the TRIPS Agreement. 2. Department of Industrial Policy and Promotion of the nodal agency for regulating intellectual property rights in India. Which of the above statements is/are correct?