Here is Question No. 57 a part of our series on UPSC Prelims 2019
Q57. Consider the following statements:
- According to the Indian Patent 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?
(a) 1 and 3 only
(b) 2 and 3 only
(c) 3 only
(d) 1, 2 and 3
Answer: C
- Statement 1 is not correct: Article 3(J) of the Indian Patent Act, excludes from patentability “plants and animals in whole or in any part thereof other than microorganisms, including seeds, varieties, and species, and essentially biological processes for the production or propagation of plants and animals”.
- Statement 2 is not correct: The Intellectual Property Appellate Board has been constituted by the government of India in the Ministry of Commerce and Industry in September 2003 to hear appeals against the decisions of the Registrar under the Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
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