Intellectual property rights in agriculture
DOI:
https://doi.org/10.53550/jfl.v20i2.2017Keywords:
Agriculture, Benefit sharing, Biodiversity, Intellectual property rights, Plant varieties protection, PatentsAbstract
Introduction of diverse forms of Intellectual Property Rights (IPRS) in agriculture is, on the whole, completely novel in India and mainly linked to the necessity to comply with India's existing international obligations and to the general trend towards the privatization of knowledge in recent decades. Significant progress has been made in recent years towards setting up a legal regime for plant variety protection and management of plant genetic resources. The legal framework for different Indian Acts vi.. Biological Diversity Act, Protection of Plant Varieties & Farmers' Right Act and Geographical Indication of Goods Act includes essence of the different international treaties that India has ratified and the different legislative instruments adopted to implement international commitments. Biodiversity Convention states the sovereign right of nations. over their genetic resources. The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) provides a legal framework which not only recognizes the need for conservation and sustainable use of plant genetic resources for food and agriculture but also delineates a regime for access and benefit sharing, and in this process provides direct and indirect links to IPRS. Inclusion of the sui generis option within the Trade Related Intellectual Property Rights (TRIPs) led to enact legislation on plant variety protection which focuses on establishment of breeder's and farmer's rights. A widespread ratification of Trade Related Intellectual Property Rights (TRIPS) and the increasingly tenuous nature of farmers' hold over their resources and knowledge, it is necessary to understand the additional requirements of the current international legal system with respect to the needs of farmers and more broadly of food security for all individuals. This article surveys the provisions of different international treaties and conventions and examines the existing legal regime in India with regard to IPRS in agriculture.
References
Anonymous. 1994. Agreement on Trade-Related Aspects of Intellectual Property Rights, Marrakech. 15 Apr. 1994, International Legal Materials 33: 1197.
Anonymous. 2007. Geographical Indications Journal No.13. Anonymous. 1983. International Undertaking on Plant Genetic Resources, Res. 8/83. Report of the Conference of FAO, 22 Sess. Rome. 5-23 Nov. 1983, Doc. C83/REP.
Anonymous. 1996. International Convention for the Protection of New Varieties of Plants, Paris. 2 Dec. 1961, as Revised at Geneva on 10 Nov. 1972, 23 Oct. 1978 and 19 Mar 1991 (UPOV Doc. 221(E). 1996.
Anonymous. 1998a. Convention on Biological Diversity: text and annexes. World Wide Fund for Nature-India, New Delhi, p. 4. Anonymous. 1998b. FAO Commission on Plant Genetic Resources. Revision of the International Undertaking Analysis of Some Technical, Economic and Legal Aspects for Consideration in State II: Access to Plant Genetic Resources, and Farmers' Rights, Doc. CPGR-6/95/8 Supp.
Anonymous 2003a. Publication of the Biological Diversity Act, 2002 No. 18 of 2003. Ministry of Law and Justice (Legislative Department), Govt. of India, New Delhi. India.
Anonymous. 2003b. The Protection of Plant varieties and Farmers' Right Act 2001 and rules. Universal Law Publishing Co.. Delhi. India.
Anonymous 2005 The Patent Act 1970 and Patent Rules Universal Law Publishing Co. Delhi, India
Apte T 2003 A simple guide to intellectual Property Rights, Biodiversity and Traditional Knowledge.
Chawla HS. 2005 Patenting of biological material and biotechnology Journal of Intellectual Property Rights 10 44-51
Chawla HS 2007 Managing intellectual property rights for better transfer and commercialization of agricultural technologies. Journal of Intellectual Property Rights 12: 330-340
Correa C 1999 Access to plant genetic resources and intellectual property rights FAO Commission on Genetic Resources for Food and Agriculture. Background Study Paper No. 8, FAO, Rome. Ghijsen H 1998. Plant variety protection in a developing and demanding world Biotechnology and Development Monitor 36 (4) 2-5
Gupta S and Kumar S 2002 Protection of plant varieties and Indian agriculture Yojna 46 43-47
Kohli K 2003 Understanding Biodiversity Act 2002: a dosier. Kalpyriksh Environment Action Group, New Delhi, India. Lesken D and Flinter M 1997 Intellectual property rights and plant genetic resources. options for sui generis systems. In Issues in Genetic resources International Plant Genetic resources Institute, Rome, Italy No 6 141
Lesser W. 1997. Assessing the implications of intellectual property rights on plant and animal agriculture American Journal of Agricultural Economics 79 1584-1591
Mittal R and Singh G. 2006. Patenting scenario in agriculture: Indian perspective. Current Science 90 296-300
Perrin RK. 1999. Intellectual property rights and developing country agriculture. Agricultural Economics 21: 221-229.
Sahai S. 2003. India's plant variety protection and Farmers' Rights Act, 2001. Current Science 84: 407-412.
Seiler A. 1998. Sui generis systems: obligations and options for developing countrics Biotechnology and Development Monitor No. 34 p.2-5.
Swaminathan MS 1997 Ethics and Equity in the Use and Collection of Ethics Plant Genetic Resources. Some Issues and Approaches In and Equity in Conservation and Use of Genetic Resources for Sustainable Food Security, International Plant Genetic Resources Institute, No. 7.
Swaminathan MS. 1998. Farmers' right and plant genetic resources Biotechnology and Development Monitor 36(4): 6-9
Thrupp LA. 2000. Linking Agricultural biodiversity and Food Security: the valuable Role of Agro-biodiversity for Sustainable Agriculture International Affairs 76. 265- 268.
