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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, th ere is no Intellectual Proper ty Appellate Board.
3. Plant Varieties are not eligible to the patented in India.
Which of the statements given above is/ are correct?
[2019]
  • a)
    1 and 3 only
  • b)
    2 and 3 only
  • c)
    3 only
  • d)
    1,2, and 3
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
Consider the following statements:1. According to the Indian Patents A...
  • National IPR Policy 2016 shifted the Copyright Office and its statutory body Intellectual Property Appellate Board (IPAB) from HRD ministry to commerce ministry.
  • India Patent Act : Chapter 2: Inventions not patentable: Bullet (j): plants and animals in whole or any part thereof, including seeds, varieties and species. So, #1 is wrong, #3 is right, answer is C.
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Most Upvoted Answer
Consider the following statements:1. According to the Indian Patents A...
Explanation:

1. Biological process to create a seed can be patented in India:
According to the Indian Patents Act, a biological process to create a seed can be patented in India. This means that innovative methods of creating seeds through biological processes can be protected under patent laws in the country.

2. Intellectual Property Appellate Board in India:
In India, there is no Intellectual Property Appellate Board. The Intellectual Property Appellate Board (IPAB) was established under the Trade Marks Act, 1999, and the Patents Act, 1970 to hear appeals against the decisions of the Indian Patent Office and the Registrar of Trademarks. However, the IPAB was dissolved in 2020, and as of now, there is no separate appellate board for intellectual property matters in India.

3. Plant Varieties cannot be patented in India:
Plant varieties are not eligible to be patented in India. Instead, plant varieties can be protected under the Protection of Plant Varieties and Farmers' Rights Act, 2001 (PPVFR Act). This Act provides for the protection of plant varieties and the rights of farmers in relation to their traditional knowledge.

Therefore, the correct statement among the given options is option 'C', which states that plant varieties are not eligible to be patented in India.
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