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?

QUESTION

Medium

Science & Technology

Prelims 2019

Consider the following statements :

According to the Indian Patents Act, a biological process to create a seed can be patented in India.
In India, there is no Intellectual Property Appellate Board.
Plant varieties are not eligible to be patented in India.

Which of the statements given above is/are correct?

Select an option to attempt

Explanation

Statement 1 is incorrect. According to the Indian Patents Act (specifically Section 3(j)), biological processes for the production or propagation of plants and animals are not eligible for patents. This means creating a seed through a biological process cannot be patented.

Statement 2 is incorrect. The Intellectual Property Appellate Board (IPAB) was established in India in 2003. It deals with appeals against decisions of the patent office and trademark registry.

Statement 3 is correct. Plant varieties themselves are not patentable in India. However, the Protection of Plant Varieties and Farmers' Rights Act (PPVFR Act) provides a system for protecting the rights of plant breeders by granting them exclusive rights to sell propagating material of new varieties.

Note: the Tribunal Reforms Act, 2021 abolished various Tribunals including India's Intellectual Property Appellate Board (IPAB) and assigned their functions to the country's Commercial Courts and High Courts. However, UPSC asked this question in 2019 when an Appellate Board existed for intellectual property. Therefore correct answer is 3 only.

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