Intellectual Property Rights In Agricultural Biotechnology

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  intellectual property rights in agricultural biotechnology: Intellectual Property Rights in Agricultural Biotechnology Frederic H. Erbisch, Karim M. Maredia, 1998 During the last twenty years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms, has encouraged the private sector to invest heavily in research, resulting in the rapid growth of a multi-million dollar industry. These changes have influenced the way in which information and materials are exchanged and combined with developments in global agricultural research have resulted in a worldwide need for scientists to be educated in the implications of intellectual property rights. This book presents definitive information on intellectual property law in a simplified form (with a minimum of legal jargon) not available in other texts on the subject. The first section begins with an introductory chapter and goes on to consider diverse issues including protection, transference and capacity building, both at the national and institutional level. The second section consists of eleven country and regional case studies from around the world which track the international variation in intellectual property law and its application to agricultural biotechnology. The presentation is intended for both scientists and policy makers in industrialized and developing nations.
  intellectual property rights in agricultural biotechnology: Agriculture and Intellectual Property Rights V. Santaniello, R. E. Evenson, D. Zilberman, G. A. Carlson, 2000-07-14 This book presents the perspectives of policy-makers and economists on a highly topical subject. Plant breeding patents, the ownership of biological innovation and associated intellectual property rights (IPR) are the subject of increased attention worldwide. They are particularly relevant in the field of agricultural biotechnology, but until recently evoked little policy analysis.IPRs are particularly relevant in the field of agricultural biotechnology. They are issues affecting public and private sector organizations and companies, and are significant for developing as well as developed countries.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights (in Agricultural Biotechnology) DIANE Publishing Company, 1995-11 Addresses IPR issues important to the Agricultural Biotechnology for Sustainable Productivity (ABSP) initiative & international agricultural biotechnology collaborations in general. Contains sections on patents, licensing, international issues & recommendations. Documents on plant variety protection, patent types in biotechnology, licensing, cooperative agreements, trade questions & Uruguay round, the convention on biological diversity & many others.
  intellectual property rights in agricultural biotechnology: An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology Padma Nambisan, 2017-06-21 An Introduction to Ethical, Safety and Intellectual Property Rights Issues in Biotechnology provides a comprehensive look at the biggest technologies that have revolutionized biology since the early 20th century, also discussing their impact on society. The book focuses on issues related to bioethics, biosafety and intellectual property rights, and is written in an easy-to-understand manner for graduate students and early career researchers interested in the opportunities and challenges associated with advances in biotechnology. Important topics covered include the Human Genome Project, human cloning, rDNA technology, the 3Rs and animal welfare, bioterrorism, human rights and genetic discrimination, good laboratory practices, good manufacturing practices, the protection of biological material and much more. Full of relevant case studies, practical examples, weblinks and resources for further reading, this book offers an essential and holistic look at the ways in which biotechnology has affected our global society. - Provides a comprehensive look at the ethical, legal and social implications of biotechnology - Discusses the global efforts made to resolve issues - Incorporates numerous case studies to more clearly convey concepts and chart the development of guidelines and legislation regulating issues in biotechnology - Takes a straightforward approach to highlight and discuss both the benefits and risks associated with the latest biotechnologies
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights in Agricultural Biotechnology Frederic H. Erbisch, Karim M. Maredia, 2004 During the past twenty-five years, biotechnology has revolutionized agricultural research. The enormous potential, together with a landmark decision by the US Supreme Court to allow the patenting of genetically-engineered organisms has encouraged private sector companies to invest in research programmes. This book (first edition in 1998) is now fully revised and updated, with five completely new chapters. It presents definitive information on intellectual property law in a simplified form.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights for Agricultural Biotechnology Jeroen Van Wijk, Joel Cohen, John Komen, 1993-01-01 Policymakers in DC responsible for nat. ag. research are considering the implications of IPR for biotech. This is because DCs want to acquire & use new technol's. in ag. research, & the pressure exerted on DCs in int'l. negotiations to strengthen their IPR legislation. This volume summarizes the increasing significance of IPR for ag. biotech. & current international trade & development-related debates on IPR & DC responses to these issues. Analyzes the complexities, options & implications regarding IPR in relation to national technology objectives.
  intellectual property rights in agricultural biotechnology: The Role of Intellectual Property Rights in Agriculture and Allied Sciences Chandan Roy, 2018-07-17 This important volume provides a basic understanding of the different forms of intellectual property rights in agricultural science. It provides an abundance of information on the use of IP laws in agriculture and allied subjects and their proper implementation in real-life practice. The chapter authors discuss different kinds of IP laws and their current status in developed as well as developing countries throughout the world. The protection of biological resources is crucial for food security for future generations. Biological resources are the source of several important genes. Researchers are interested in the development of plant varieties that can increase crop production, withstand dramatic climatic changes, etc. Protecting intellectual property rights in plant varieties and the rights of farmers and others are discussed in this volume. It also looks at new trends and developments in the field involving new IP strategies and the application of IP laws in agriculture and biotechnology and in the management of plant genetic resources.
  intellectual property rights in agricultural biotechnology: Transgenic Plants and World Agriculture Royal Society (Great Britain), 2000
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights in Plant Varieties Laurence R. Helfer, Food and Agriculture Organization of the United Nations, 2004-01-01 The study provides an overview of the international intellectual property system regulating plant varieties. It identifies the essential features of this system, including the policies supporting the grant of intellectual property rights (IPRs) and the societal objectives in tension with IPRs, the institutions that have shaped the international intellectual property system, and the basic components contained in the relevant international treaties. The study aims to set forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources.
  intellectual property rights in agricultural biotechnology: Local Knowledge, Intellectual Property and Agricultural Innovation Michael Blakeney, Kadambot H. M. Siddique, 2020-06-22 This book examines the role of local knowledge in promoting agricultural innovation and legislative support for agricultural innovation through intellectual property laws and the protection of farmers’ rights. In assessing the role of intellectual property in promoting agricultural innovation the book examines plant variety rights protection, the patenting of plant varieties and plant breeding methods; gene patents and climate change; open source biotechnology and agricultural innovation and geographical indications and the marketing of agricultural products. As a test bed for the application of the themes of the book, it applies a case study approach to look at the role of local knowledge and intellectual property rights in the cultivation of traditional rice varieties in Kerala, South West India and the extent to which this cultivation is supported by Indian legislation. The book concludes with an examination of the success of self-help groups, such as Farmers’ Clubs. This book appeals to all readers interested in policies to promote sustainable agriculture at a time of increasing food insecurity. A special feature of the book is the case study approach. To date, the role of local knowledge and agricultural innovation has been almost entirely ignored and the role of intellectual property in this space has been largely ignored. The book is a result of a research collaboration between the University of Western Australia and Kerala Agricultural University, funded in part by the Australian Research Council.
  intellectual property rights in agricultural biotechnology: Gene Patents and Collaborative Licensing Models Geertrui van Overwalle, 2009-06-11 The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.
  intellectual property rights in agricultural biotechnology: Agriculture And Intellectual Property Rights: Economic, Insititutional And Implementation Issues In Biotechnology V. Santaniello Et Al., 2003 Plant Breeding Patents, The Ownership Of Biological Innovation And Associated Intellectual Property Rights (Ipr) Are The Subject Of Increased Attention Worldwide. They Are Particularly Relevant In The Field Of Agricultural Biotechnology. They Are Affecting Public And Private Sector Organizations And Companies, And Are Significant For Developing As Well As Developed Countries. These Issues Have Until Recently Evoked Little Policy Analysis. This Book Presents The Perspectives Of Policy-Makers And Economists On Such Issues.
  intellectual property rights in agricultural biotechnology: Intellectual Property and Agriculture B. Sherman, 2018-05-31
  intellectual property rights in agricultural biotechnology: Access to Knowledge in the Age of Intellectual Property Gaëlle Krikorian, Amy Kapczynski, 2010 A movement emerges to challenge the tightening of intellectual property law around the world. At the end of the twentieth century, intellectual property rights collided with everyday life. Expansive copyright laws and digital rights management technologies sought to shut down new forms of copying and remixing made possible by the Internet. International laws expanding patent rights threatened the lives of millions of people around the world living with HIV/AIDS by limiting their access to cheap generic medicines. For decades, governments have tightened the grip of intellectual property law at the bidding of information industries; but recently, groups have emerged around the world to challenge this wave of enclosure with a new counter-politics of access to knowledge or A2K. They include software programmers who took to the streets to defeat software patents in Europe, AIDS activists who forced multinational pharmaceutical companies to permit copies of their medicines to be sold in poor countries, subsistence farmers defending their rights to food security or access to agricultural biotechnology, and college students who created a new free culture movement to defend the digital commons. Access to Knowledge in the Age of Intellectual Property maps this emerging field of activism as a series of historical moments, strategies, and concepts. It gathers some of the most important thinkers and advocates in the field to make the stakes and strategies at play in this new domain visible and the terms of intellectual property law intelligible in their political implications around the world. A Creative Commons edition of this work will be freely available online.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights in Agriculture Uma J. Lele, William Lesser, Gesa Horstkotte-Wesseler, 1999-01-01 Intellectual property rights, agriculture, and the worl bank; Perspectives from international agricultural research centers; Perspectives from industry; Perspectives from national systems and universities; A model for international owned goods; Summary and implications for the world bank.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights and Commercialization of Agricultural Biotechnology Ronilo A. Beronio, 2008 Governments: some views on their changing roles and strategies of governance. Public goods and services: governmental or proprietary?. The Department of Agriculture and its attached agencies' goods and services: governmental or proprietary?. Intellectual property rights: property or righs?. Ownership of Public Intellectual property rights: are public servants excluded?. Agricultural biotechnology: a unique species of intellectual property?. Public officers and employees: perpetual or emancipatory constitutional servanthood?.
  intellectual property rights in agricultural biotechnology: Plant Biotechnology and Agriculture Arie Altman, Paul Michael Hasegawa, 2012 As the oldest and largest human intervention in nature, the science of agriculture is one of the most intensely studied practices. From manipulation of plant gene structure to the use of plants for bioenergy, biotechnology interventions in plant and agricultural science have been rapidly developing over the past ten years with immense forward leaps on an annual basis. This book begins by laying the foundations for plant biotechnology by outlining the biological aspects including gene structure and expression, and the basic procedures in plant biotechnology of genomics, metabolomics, transcriptomics and proteomics. It then focuses on a discussion of the impacts of biotechnology on plant breeding technologies and germplasm sustainability. The role of biotechnology in the improvement of agricultural traits, production of industrial products and pharmaceuticals as well as biomaterials and biomass provide a historical perspective and a look to the future. Sections addressing intellectual property rights and sociological and food safety issues round out the holistic discussion of this important topic. Includes specific emphasis on the inter-relationships between basic plant biotechnologies and applied agricultural applications, and the way they contribute to each other Provides an updated review of the major plant biotechnology procedures and techniques, their impact on novel agricultural development and crop plant improvement Takes a broad view of the topic with discussions of practices in many countries
  intellectual property rights in agricultural biotechnology: Research Handbook on Intellectual Property and the Life Sciences Duncan Matthews, Herbert Zech, 2017-06-30 Intellectual property (IP) is a key component of the life sciences, one of the most dynamic and innovative fields of technology today. At the same time, the relationship between IP and the life sciences raises new public policy dilemmas. The Research Handbook on Intellectual Property and the Life Sciences comprises contributions by leading experts from academia and industry to provide in-depth analyses of key topics including pharmaceuticals, diagnostics and genes, plant innovations, stem cells, the role of competition law and access to medicines. The Research Handbook focuses on the relationship between IP and the life sciences in Europe and the United States, complemented by country-specific case studies on Australia, Brazil, China, India, Japan, Kenya, South Africa and Thailand to provide a truly international perspective.
  intellectual property rights in agricultural biotechnology: The Regulation of Agricultural Biotechnology Robert E. Evenson, V. Santaniello, 2004-03-29 The regulatory systems in place prior to the development and expansion of agricultural biotechnology are still responding to this new form of technology. Such systems include trade law, intellectual property law, contract law, environmental regulations and biosafety regulations.This book reviews these regulatory changes and consists of 24 chapters developed from papers presented at a conference of the International Consortium on Agricultural Biotechnology Research, held in Italy in July 2002. It primarily considers the relationship between these changes and innovation, market development and international trade.
  intellectual property rights in agricultural biotechnology: Intellectual Property Issues in Biotechnology Harikesh Bahadur Singh, Alok Jha, Chetan Keswani, 2016-09-26 This book integrates a science and business approach to provide an introduction and an insider view of intellectual property issues within the biotech industry, with case studies and examples from developing economy markets. Broad in scope, this book covers key principles in pharmaceutical, industrial, and agricultural biotechnology within four parts. Part 1 details the principles of intellectual property and biotechnology. Part 2 covers plant biotechnology, including biotic and abiotic stress tolerance, GM foods in sustainable agriculture, microbial biodiversity and bioprospecting for improving crop health and productivity, and production and regulatory requirements of biopesticides and biofertilizers. The third part describes recent advances in industrial biotechnology, such as DNA patenting, and commercial viability of the CRISPR/Cas9 system in genome editing. The final part describes intellectual property issues in drug discovery and development of personalized medicine, and vaccines in biodefence. This book is an ideal resource for all postgraduates and researchers working in any branch of biotechnology that requires an overview of the recent developments of intellectual property frameworks in the biotech sector.
  intellectual property rights in agricultural biotechnology: Intellectual Property and Genetically Modified Organisms Dr Berris Charnley, Dr Charles Lawson, 2015-04-28 Taking a global viewpoint, this volume addresses issues arising from recent developments in the enduring and topical debates over Genetically Modified Organisms (GMOs) and their relationship to Intellectual Property (IP). The work examines changing responses to the growing acceptance and prevalence of GMOs. Drawing together perspectives from several of the leading international scholars in this area, the contributions seek to break away from analysis of safety and regulation and examine the diversity of ways the law and GMOs have become entangled. This collection presents the start of a much broader engagement with GMOs and law. As GMO technology becomes increasingly more complex and embedded in our lives, this volume will be a useful resource in leading further discussion and debate about GMOs in academia, in government and among those working on future policy.
  intellectual property rights in agricultural biotechnology: Agricultural Biotechnology Margriet F. Caswell, Keith Owen Fuglie, Cassandra A. Klotz, 1994 Describes the economic, scientific, and social factors that will influence the future of biotechnology in agriculture. Shows that both private and public sector R&D are contributing significantly to the development of biotechnologies. A review of 23 published studies on the subject.
  intellectual property rights in agricultural biotechnology: Global Dimensions of Intellectual Property Rights in Science and Technology National Research Council, Policy and Global Affairs, Office of International Affairs, 1993-02-01 As technological developments multiply around the globeâ€even as the patenting of human genes comes under serious discussionâ€nations, companies, and researchers find themselves in conflict over intellectual property rights (IPRs). Now, an international group of experts presents the first multidisciplinary look at IPRs in an age of explosive growth in science and technology. This thought-provoking volume offers an update on current international IPR negotiations and includes case studies on software, computer chips, optoelectronics, and biotechnologyâ€areas characterized by high development cost and easy reproducibility. The volume covers these and other issues: Modern economic theory as a basis for approaching international IPRs. U.S. intellectual property practices versus those in Japan, India, the European Community, and the developing and newly industrializing countries. Trends in science and technology and how they affect IPRs. Pros and cons of a uniform international IPRs regime versus a system reflecting national differences.
  intellectual property rights in agricultural biotechnology: Handbook of Innovation and Intellectual Property Rights Walter G. Park, 2024-09-06 Providing a panoramic overview of the field, this Handbook examines the intellectual property (IP) rights that protect artistic and inventive works, demonstrating that innovation and creativity require appropriate practical institutions alongside imagination and inspiration. Advancing key debates in the field, it identifies important reforms and mechanisms to improve IP systems for both the creators and users of protected works.
  intellectual property rights in agricultural biotechnology: Global Biopiracy Ikechi Mgbeoji, 2011-11-01 Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is a vexing issue. The phenomenon of appropriation of plants and TKUP, otherwise known as biopiracy, thrives in a cultural milieu where non-Western forms of knowledge are systemically marginalized and devalued as folk knowledge or characterized as inferior. Global Biopiracy rethinks the role of international law and legal concepts, the Western-based, Eurocentric patent systems of the world, and international agricultural research institutions as they affect legal ownership and control of plants and TKUP.
  intellectual property rights in agricultural biotechnology: Agriculture and The World Trade Organisation G. S. Bhalla, Jean-Luc Racine, Frédéric Landy, 2002-01-01 The volume offers to the reader a multi-faceted dialogue between noted experts from two major agricultural countries, both founding members of the Word Trade Organisation, each one with different stakes in the great globalisation game. After providing the recent historical background of agricultural policies in India and France, the contributors address burning issues related to market and regulation, food security and food safety, the expected benefits from the WTO and the genuine problems raised by the new forms of international trade in agriculture, including the sensitive question of intellectual property rights in bio-technologies. This informed volume underlines the necessity of moving beyond the North-South divide, in order to address the real challenges of the future.
  intellectual property rights in agricultural biotechnology: Intellectual Property Management in Health and Agricultural Innovation Anatole F. Krattiger, 2007 Invaluable book for anyone seeking to use intellectual property strategically and put intellectual property to work. When effectively and ethically managed, intellectual property can accelerate the development of lifesaving, poverty-alleviating innovations and provide access to them.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights and Food Security Michael Blakeney, 2009 This book examines the contribution which intellectual property rights can make in the struggle for food security in developing countries. The book consists of 11 chapters. Chapter 1 locates intellectual property rights within the armoury of food security policies. Chapter 2 deals with definitional issues and examines the role of intellectual property rights in incentivizing agricultural research and development. Chapter 3 examines the international landscape of intellectual property and the approaches taken to the relationship between intellectual property rights, agricultural biotechnology, access to biological resources, food security and globalization which are taken by the WTO, FAO, CBD and WIPO among the various international and development agencies. Plant variety rights (PVRs) are a specially created form of intellectual property right originally minted to encourage agricultural innovation and Chapter 4 examines the effectiveness of PVRs in a food security context. Agricultural innovation is in part dependent upon access of researchers to the genetic resources of the biodiverse countries of the South. Chapter 5 considers the attempts to construct an international regime to secure this access. The important role of traditional farmers in preserving landraces and cultivars from which improvements can be derived has generated for a call for the recognition of farmers' rights, and this is examined in Chapter 6 together with agitation for the protection of the traditional knowledge which often informs access to the useful genetic resources. Chapter 7 examines the intellectual property implications of the use of genetically modified (GM) crops as a technological solution to food insecurity. The protection of GM crops is achieved through patent protection and Chapter 9 looks at the competition law implications of patent licensing, patent pools and patent thickets. An old intellectual property device that underpinned the commercial development of European agricultural marketing is the geographical indication, and Chapter 8 examines the contribution it might make to achieving food security. Returning to the theme of the role of intellectual property law in incentivizing innovation, Chapter 10 examines its role in promoting agricultural research. The concluding chapter proposes a number of recommendations for action in deploying intellectual property law in the struggle for food security.
  intellectual property rights in agricultural biotechnology: Modern Applications of Plant Biotechnology in Pharmaceutical Sciences Saurabh Bhatia, Kiran Sharma, Randhir Dahiya, Tanmoy Bera, 2015-07-22 Modern Applications of Plant Biotechnology in Pharmaceutical Sciences explores advanced techniques in plant biotechnology, their applications to pharmaceutical sciences, and how these methods can lead to more effective, safe, and affordable drugs. The book covers modern approaches in a practical, step-by-step manner, and includes illustrations, examples, and case studies to enhance understanding. Key topics include plant-made pharmaceuticals, classical and non-classical techniques for secondary metabolite production in plant cell culture and their relevance to pharmaceutical science, edible vaccines, novel delivery systems for plant-based products, international industry regulatory guidelines, and more. Readers will find the book to be a comprehensive and valuable resource for the study of modern plant biotechnology approaches and their pharmaceutical applications. - Builds upon the basic concepts of cell and plant tissue culture and recombinant DNA technology to better illustrate the modern and potential applications of plant biotechnology to the pharmaceutical sciences - Provides detailed yet practical coverage of complex techniques, such as micropropogation, gene transfer, and biosynthesis - Examines critical issues of international importance and offers real-life examples and potential solutions
  intellectual property rights in agricultural biotechnology: Handbook on Agriculture, Biotechnology and Development Stuart J. Smyth, Peter W.B. Phillips, David Castle, 2014-03-28 This book is a compendium of knowledge, experience and insight on agriculture, biotechnology and development. Beginning with an account of GM crop adoptions and attitudes towards them, the book assesses numerous crucial processes, concluding with detai
  intellectual property rights in agricultural biotechnology: Intellectual Property and Human Development Tzen Wong, Graham Dutfield, 2010-10-21 This book examines the social impact of intellectual property laws. It addresses issues and trends relating to health, food security, education, new technologies, preservation of bio-cultural heritage and contemporary challenges in promoting the arts. It explores how intellectual property frameworks could be better calibrated to meet socio-economic needs in countries at different stages of development, with local contexts and culture in mind. A resource for policy-makers, stakeholders, non-profits and students, this volume furthermore highlights alternative modes of innovation that are emerging to address such diverse challenges as neglected or resurgent diseases in developing countries and the harnessing of creative possibilities on the Internet. The collected essays emphasize not only fair access by individuals and communities to intellectual property – protected material, whether a cure, a crop variety, clean technology, a textbook or a tune – but also the enhancement of their own capabilities in cultural participation and innovation.
  intellectual property rights in agricultural biotechnology: Emerging Consequences of Biotechnology Krishna R. Dronamraju, 2008 The commercialization of biotechnology has resulted in a search for biological resources for the purposes of increasing food productivity, medicinal applications, and energy production. This book discusses the role of biological, ecological, environmental, ethical, and economic issues in the interaction between biotechnology and biodiversity.
  intellectual property rights in agricultural biotechnology: Intellectual Property Law and Plant Protection Taylor & Francis Group, 2021-12-13 This book provides a detailed and critical account of the emergence, development and implementation of plant variety protection laws in Asian countries. In so doing, the book explores how Asian countries can capitalise on the 'unused policy space' in international agreements such as TRIPS and UPOV, and in the CBD and the Plant Treaty.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights, Trade and Biodiversity Graham Dutfield, 2000 This text examines the international agreements governing trade in genetic resources - crucial resources for world agriculture, food security and large industries such as pharmaceuticals. Intellectual Property Rights (IPRs) in these resources are critical for those involved in the trade, including industry and developing countries. The book analyzes the Convention on Biological Diversity (CBD), World Trade Organization agreements and other agreements. It explains how they can be integrated into an equitable training regime.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights and Food Security Michael Blakeney, 2009-01-01 Intellectual Property Rights (IPRs) play an important role in the struggle for food security and encouraging agricultural research and development. This book examines these roles as well as the international relationship between IPRs, agricultural biotechnology, access to biological resources, food security and globalisation, paying particular attention to proposals for the protection of Farmers' Rights, traditional knowledge, GM crops and the impact of competition laws. It proposes a number of recommendations for action in deploying IPRs in order to reach greater food security globally.
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights, Biotechnology and Food Security Farhana Yamin, 2003
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights Rajagopalan Radhakrishnan, Dr. R Radhakrishnan and Dr.S. Balasubramanian, 2008
  intellectual property rights in agricultural biotechnology: Intellectual Property Rights in Agricultural Biotechnology and Access to Technology Kshitij K. Singh, 2017 IP protection to agricultural biotechnology has remained a contentious issue in India having serious implications for stakeholders and agricultural innovation. Farmers and plant breeders made strong resistance against the extension of IP monopoly to agriculture sector and were sceptical that their rights could be compromised against the interest of giant agro-based companies. However, the growing need to enhance food production, improve the quality of seeds, experiment the nutritional content of food crops and attract investment in agricultural field necessitated the conjunction of IPR and agricultural biotechnology. India has adopted a dual form of IP protection for agricultural biotechnology; plant varieties are protected through the Protection of Plant Variety and Farmers' Rights Act 2001, while the genetic traits of plants are protected through the Patents Act 1970. Though the line of demarcation as to the application of both the laws is theoretically drawn, enormous confusion persists on practical level. The IP protection to agricultural biotechnology has not produced desired results in India due to asymmetrical innovation model, complex regulatory structure and confusing regulatory approach. The exclusive licensing practices with exorbitant licensing fee on uneven licensing terms place licensor, licensee and end user in a conflicting position and raise the issues of accessibility and affordability of technology.
  intellectual property rights in agricultural biotechnology: Crop Sustainability and Intellectual Property Rights Soumya Mukherjee, Piyali Mukherjee, Tariq Aftab, 2023-08-18 This new book merges the concepts of traditional agriculture, crop sustainability, and intellectualproperty rights associated with plant protection and agricultural products. It discusses various strategies associated with crop tolerance to adverse environmental conditions and also highlights the role of agricultural intellectual property rights, along with the implications for plant patents, protection of farmers’ rights, and geographical indication in plant products, to provide a broader outlook toward strategies for sustainable agriculture and global food security associated with IPR. The chapters provide an overview of sustainable crop cultivation in traditional agriculture as well as with new biotechnological approaches. The volume explores several stress resilience strategies and issues for crops, considering how to mitigate the effect of increased carbon dioxide concentration, heavy metal pollution, over-salinized soils, and cold spells. It also discusses how to make desert farming more efficient; how to increase abiotic stress tolerance of crops with grafting, seed soaking/priming, soil amendment, and more. The chapters on agricultural intellectual property rights address IPR in conjunction with food security, the rights of farmers, legal applications and protection of plant patents, protection of traditional knowledge, international legal issues, and plant variety protection rights in agriculture and more.
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