Interface Between Trade Secrets and GMO’s In India : The Way Forward

Himanshi Garewal, Tamil Nadu National Law University, Tiruchirappalli

Abstract

The research paper aims at highlighting the absence of specific legislation that governs the rights of trade secret holders with the public interest. In accordance with the 37th Report of the Parliamentary Committee on Agriculture (PCA) on “Cultivation of Genetically Modified Food Crops- Prospects and Effects” and the Technical Expert Committee constituted by the Supreme Court, the said committees in their reports and recommendation expressed the need to overhaul the regulatory structure of genetically modified organisms. The paper delineates how lax regulatory structure of genetically modified organisms can be detrimental to the public interest and biosafety essentially when the giant dominant agri based enterprises are provided with trade secret protection.