Legal Complications on Patenting Crossbreed Animals: A Comparative Discussion on India and Abroad

Abstract

The patentability of cross-breed animals is a complex area facing constant evolution. The intellectual property law varies significantly in this domain between various jurisdictions. The study focuses mainly on a comparative analysis between IPR rights of India and abroad, where. This paper aims to provide a comparative discussion on the legal frameworks that govern rights of patentability of cross-bred animals in India and abroad, focusing on the lacunas that are highlighted to understand where the Indian legislation, despite being quite robust in plant cloning and breeding, falls short in animal cross breeding. The paper takes a dive into the international standards and practices and then tallies it in the Indian context. All the major and key jurisdictions such as the United States, European Union, and Australia are taken into consideration for the purpose of discussion, to understand what remedies could be generated on the basis of the comparative analysis. The Indian legislation, precedents and policies are considered to draw conclusions. It also tries to pass remarks on the implications on innovation, animal welfare, and efforts for global harmonization in IPR. To draft this paper, the authors have taken help from various primary and secondary resources.