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Protection of Plant Varieties and Farmers Rights Act, 2001


29. Exclusion of certain varieties.-

1.     Notwithstanding anything contained in this Act, no registration of a variety shall be made under this Act in cases where prevention of commercial exploitation of or human, animal and plant life and health or to avoid serious prejudice to the environment. such variety is necessary to protect public order or public morality

2.     The Central Government shall, by notification in the Official Gazette, specify the genera or species for the purposes of registration of varieties other than extant varieties and farmers' varieties under this Act.

3.     Notwithstanding anything contained in sub-section (2) and sub-sections (1) and (2) of section 15, no variety of any genera or species which involves any technology which is injurious to the life or health of human beings, animals or plants shall be registered under this Act. Explanation.-For the purposes of this sub-section, the expression "any technology" includes genetic use restriction technology and terminator technology.

4.     The Central Government shall not delete any genera or species from the list of genera or species specified in a notification issued under sub-section (2) except in the public interest. (5) Any variety belonging to the genera or species excluded under sub-section (4) shall not be eligible for any protection under this Act.



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