Consider the following statements:According to the Indian Patents Act, a biological process to creat

Question

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 in the patented in India.Which of the statements given above is/are correct?

Accepted Answer

Statement 1 is not correct and Statement 3 is correct: As per the Patents Act, 1970 - plants and animals in whole or any part thereof other than microorganisms but including seeds, varieties and species and essentially biological processes for production or propagation of plants and animals are inventions not patentable.Statement 2 is not correct: The Intellectual Property Appellate Board, a quasi-judicial body, was constituted in September 1958. The Board is entrusted with the task of adjudication of disputes pertaining to copyright registration, assignment of copyright, grant of licenses in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes. It also hears cases in other miscellaneous matters instituted before it under the Copyright Act, 1957.