Intellectual Property Rights Related Issues in Plant Breeding

Abstract

International developments during last part of the 20th century brought to the fore the increasing relevance of Intellectual Property Rights (IPRs) in agriculture. Plant breeding has an intimate connection with various IPR-related issues. The paper discusses the various forms of IPRs viz. plant breeders’ rights, patent rights, trade secrets, geographical indications and trademarks in relation to agriculture, thereby providing an insight into their various facets as relevant to agricultural research and development. Several aspects like requirements, scope and exemptions of plant breeders’ right and patents; the concept of essentially derived varieties, patents in relation to plant breeding, research exemption vis-a-vis seed availability of protected varieites, making research exemption really meaningful, concern because of utility patents, salient provisions in Indian Patent Act and Protection of Plant Varieties and Farmers’ Rights Act, implementation of plant breeders’ rights and farmer’s rights, information flow between plant breeders’ rights and patent offices, requirements of deposit of protected products, suitability of trade secrets in specific circumstances and as remedy for research-based seed companies, and utilization of geographical indication and trademark concepts are specifically discussed. Subsequently, issues of conceptualization vis-a-vis implementation of intellectual property protection of plants, the requirement of supporting policies and programs for public research institutions, material transfer agreements and licensing arrangements for transfer of technology, impact on research agenda in public; and private research institutions, and on research publications and flow of information; and ethical and social issues are discussed for their application to Indian agriculture.