Question

Given below are two statements:
Statement (I): Like any other crop varieties, the essentially derived varieties (EDVs) can also be registered and protected with the PPV&FR Authority, Govt. of India.
Statement (II): The rights of a breeder as granted by the PPV&FR Act (2001) shall also be applicable to the breeder of an EDV.
In light of the above statements, choose the most appropriate answer from the options given below:

• A. Both Statement (I) and Statement (II) are true.
• B. Both Statement (I) and Statement (II) are false.
• C. Statement (I) is true but Statement (II) is false.
• D. Statement (I) is false but Statement (II) is true.

Hint:

An Essentially Derived Variety (EDV) shares most of its genome with an initial variety (e.g., a transgenic Bt-cotton variety derived from an elite non-Bt line).
Both the EDV and its initial variety can be protected under the PPV&FR Act, but the EDV breeder must share benefits with the initial variety breeder.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
An Essentially Derived Variety (EDV) is a plant variety that is predominantly derived from an initial variety, retaining the expression of the essential characteristics of that initial variety, but is clearly distinguishable from it by one or a few modifications (such as through genetic engineering, backcrossing, or bud mutation).
The PPV&FR Act, 2001, includes specific provisions to regulate and protect EDVs.

Step 2: Detailed Explanation:
Let us analyze both statements:
1. Analysis of Statement (I): Under Section 23 of the PPV&FR Act, 2001, an Essentially Derived Variety (EDV) can be registered and protected in the same manner as a new variety, provided it meets the criteria of distinctness, uniformity, and stability (DUS).
The registration process requires an evaluation to confirm its essential derivation from the initial protected variety.
Thus, Statement (I) is true.
2. Analysis of Statement (II): Once registered, the breeder of an EDV enjoys the same intellectual property rights and protection under the Act as the breeder of any other registered variety (including the exclusive right to produce, sell, and distribute the seeds).
However, the commercial exploitation of an EDV is subject to authorization from the breeder of the initial variety from which it was derived.
Thus, the legal rights granted by the Act apply to the breeder of an EDV, making Statement (II) true.

Step 3: Final Answer:
Both Statement (I) and Statement (II) are true, corresponding to option (A).