NAVIGATING THE COMPLEXITIES OF IP IN AGRICULTURE: MILESTONES AND CHALLENGES

Abstract

The adoption of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS,) by the World Trade Organization (WTO) propelled the member countries towards the realization of the need to maintain certain minimum standards of protection for intellectual properties. Today, Intellectual Property (IP) has suffused through all spheres of our lives. It holds immense significance in boosting the economies of several nations. There is hardly any sector that has remained untouched by it. IP protection was not given much recognition in the agricultural sector. But, with time, considering the varied aspects of this dynamic and vast sector, IP has also yielded new tones from time to time. The protection mechanisms under the IP regime have taken different shapes for providing suitable protection to the various aspects of the agricultural sector. At present, we have several IP rights recognized in the sphere of agriculture, including, Farmers’ Rights, Breeders’ Rights, Community Rights, right over the protection of Traditional Knowledge, Right to Access and Benefit Sharing (ABS), etc. With this paper, the authors seek to delve into all the IP protection mechanisms traversing the wide-ranging dimensions of the agricultural sector. This article is an attempt at investigating: (i) the milestones which led up to the current scenario of IP protection in agriculture; (ii) the role that is played by Intellectual Property in strengthening & fortifying the agricultural sector, and (iii) the issues related to IP in Agriculture. An attempt has also been made to explore all the initiatives taken up globally to protect IP in Agriculture, along with the prospective measures that can be taken to address the prevailing issues.