top of page

Patenting Of Plant Genetics In India




Priti Chaudhari, PhD, Research Scholar, SSOL, Sharda University, G. Noida, UP, India

Dr Sanskriti Mishra, Assistant Professor, SSOL, Sharda University, G. Noida, UP, India


ABSTRACT


The increasing population on the planet have a direct correlation with growing demand for high levels of productivity in the agricultural industry. By manipulating the plant genomes in a laboratory, genetic engineering and biotechnology have made it possible to create super crops with desired characteristics. These crops can be produced by altering the DNA of crop plants. In order to offer an incentive for research within the agricultural industry, it is vital to have some legal protection - granting patent is one of these strategies. The practice of bestowing monopolies via obtaining patent over plant genetic resources has contributed to the issue of biopiracy. The concept of common heritage and free access made free flow of bio-resources as well as genetic resources and associated knowledge from biodiversity rich countries to technology rich countries. The biotech companies from technology rich countries have acquired several patents on plant genetics only by using the biological resources of developing and/ or impoverished countries, which has rich heritage of biodiversity but not so good in technology. Despite the immense profits that were earned from the utilization of these resources, the origin countries did not get any compensation. The present paper focuses on analysing the legal framework for patenting of plant genetics in India and the steps that have been taken to combat the problem of biopiracy will also be discussed.


Keywords: Plant gene, Patent, Biodiversity, Access and benefit sharing

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page