expert corner
(j) was incorporated
under Section 3. By
these amendments,
“discovery of any living
thing or non-living
substances occurring
in the nature” and
“plants and animals
in whole or any part
thereof other than
micro-organisms
but including seeds,
varieties and species
and essentially
biological processes
for production or
propagation of plants
and animals are not
inventions within
the meaning of the
Patents Act.” As per
Section 3(h), a method
of agriculture or
horticulture is also not
an invention.
So, there is no
ambiguity on the
pertinent legislation
for protection of
Intellectual Property
Rights (IPR) for
Plant varieties in
India. Therefore, the
Patents Act and the
PPVFR Act operate
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BioVoiceNews | August 2017