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Question #45164
The Question
An indigenous crop variety is conserved in an international ex-situ gene bank. A multinational company extracts a pest-resistant gene from this stored germplasm, patents the resulting transgenic plant, and commercializes it without compensating the country of origin. According to the principles of the Convention on Biological Diversity (CBD) and NCERT concepts of biotechnology, which of the following statements is correct regarding this scenario?
Options
- A.
The company's action is legally justified because ex-situ conservation in international gene banks strips the country of origin of its sovereign rights over the bio-resource.
- B.
This represents a case of biopiracy, as the company bypassed the Access and Benefit Sharing (ABS) mechanisms despite the nation's sovereign rights over its genetic resources.
- C.
The patent is ethically valid because the molecular isolation of the gene constitutes a novel invention, thereby nullifying traditional knowledge claims.
- D.
The scenario violates the Earth Summit mandate, which strictly prohibits the patenting of any biological entity conserved via ex-situ techniques like cryopreservation.
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Correct Answer
Step-by-Step Solution
Explanation
How the Examiner Thinks
Regulatory_Failure
Understand how NOT, EXCEPT, and logical constraints are used to manipulate exam results.
Concepts Behind This Question
Transgenic Crops|Biosafety Protocols|Bacillus thuringiensis
Why This Question Is Tricky
Common Mistakes
Conceptual Pivot: Students often confuse the purpose of ex-situ conservation (global preservation) with a loss of national sovereignty over genetic resources.
The trap lies in assuming that once a resource is in an international gene bank or modified in vitro, it becomes 'global property' exempt from Access and Benefit Sharing (ABS).
This question requires synthesizing the definition of Biopiracy (Chapter 12) with the sovereign rights established by the CBD (Chapter 15).
Quick Facts About This Question
Question Information
| Subject | Biology |
| Chapter | Biotechnology and Its Applications - Class 12 |
| Concept | Biopiracy and Patents |
| Difficulty | 8 |
| Cognitive Load | 5 |
| Target Solve Time | 120 sec |
| Access | Free |