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Union of India - Section

Section 7 in The Protection Of Plant Varieties And Farmers' Rights Regulations, 2006

7. Assignment of Denomination to a Plant Variety

.-(1) A mark may only be approved as a denomination for a variety if the applicant concerned submits documentary proof that the holder of the mark concerned renounces his or her right to such mark as from the date on which a Plant Breeder's Right to the variety is granted; and
(2)The denomination approved by the Registrar for a variety in respect of which protection has been granted by, or an application for protection has been lodged with the designated authority in a convention country or an agreement country in accordance with the laws in force in that country shall be the same as the denomination thus protected or thus applied for in such country, on condition however that the provision of sub-section (1) are complied with and that a priority claim on such denomination is not proved by another person.