By Dhwani Rana
When it comes to addressing the leading global concerns, agricultural biotechnology tools have so far offered robust approaches. The pragmatism and expediency of plant molecular biology in improving and sustaining comprehensive human health can no way be overlooked and disregarded. Often as a mediocre, there has always been this inquisitive question as to whether or not plants, plant products, senile organisms, and biotechnology products can be covered and, in a way, protected under Intellectual property rights. To begin with, let us travel through the global scenarios.
The World Intellectual Property Organization (WIPO) is the world’s number one source for global intellectual property (patents, industrial designs, copyright, trademarks, etc.) information, resources, and services. WIPO defines Intellectual property (IP) as creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce. Speaking of which, a patent is an exclusive right granted to an inventor and once issued, a patent gives the inventor the legal right to create a limited monopoly by excluding others from creating, producing, selling, or importing the invention. A patent is granted on the fulfillment of three conditions of novelty, non-obviousness, and industrial applicability.
The question might arise now, as to why there is a need to protect the plant varieties? To answer that, there are several whys and wherefores;
- Agricultural productivity needs to be increased since land and other resources are scarce.
- Improved quality and high-value crop varieties are in the plea.
- Better resistance to pests and diseases.
- More efficient use of inputs.
- Economic development.
New varieties of plants with features such as improved yield, high quality, and resistance to plant pests and diseases are a key element in increasing productivity and product quality in agriculture, horticulture, and forestry, whilst minimizing the pressure on the natural environment. Many inputs need to be united with such varieties in order to deploy their full potential. The colossal progress in agricultural productivity in various parts of the world is largely based on improved varieties. Here, it is to be noted that plant breeding is long and expensive but plant varieties can be easily and quickly reproduced. Plants with particular characteristics are developed which are adapted to their environment and their cultivation practices.
The importance and scale of the contribution of plant breeding can be illustrated by the case study of Rapeseed. Originally, only the oil component of rapeseed provided a valuable product, as a lubricant for steam engines. It was only when breeders started to work on the crop that it attained a major status for agriculture. Firstly, breeders reduce the glucosinolate content so that they can attain the fulfillment of feeding animals. Further, breeding was employed to reduce the erucic acid content so that rapeseed could be used as a source of edible oil for human consumption. More recently, efforts are continuing to leverage, and breeders are working to develop high oleic and low linoleic acid varieties with nutritional benefits for consumers. Breeders need protection for their invention, to keep fuelling the desire for innovations, and to recover the investments.
The International Union for the Protection of New Varieties of Plants (UPOV) is an intergovernmental organization established by the International Convention for the Protection of New Varieties of Plants. The Convention was signed in Paris in 1961, enforced in 1968, and revised in 1972, 1978, and 1991. This Convention allows countries to protect plant variety by patents. The undertaking of UPOV is to provide and promote an effective system of plant variety protection, with an aim to encourage the development of new varieties of plants, for the benefit of society. The UPOV Convention provides the basis for members to encourage plant breeding by granting breeders of new plant varieties an intellectual property right called “The breeder’s right”. Plant Breeders’ Rights (PBRs, or Plant Variety Protection (PVP)) consents for the protection of new plant varieties for a term of 20 years (25 for tree crops). A country can develop its own system of protection, referred to as a sui generis system, a system of rights premeditated to fit a particular context and need that is a unique alternative to standard patent protection.
There are various conditions and criteria to be satisfied in order for the breeder’s right to be granted. These are novelty, distinctness, uniformity, and stability (DUS). Once the rights are being granted, authorization of breeders is required for production or reproduction, conditioning for the purpose of propagation, offering for sale, selling or marketing, exporting, importing, and/or stocking for any of the above purposes. There are several exemptions to breeder’s rights called Exceptions to the Breeder’s Right (1991 Act of the UPOV Convention), which include:
- Acts done privately and for non-commercial purposes
- Acts done for experimental purposes
The exemptions are helpful in a way that germplasm sources remain accessible to the community of breeders, a genetic basis for plant improvement is broadened and is actively conserved, variety improvement is enhanced, and remains an opportunity for all breeders to share in the benefits of breeding activities.
The minimum duration of protection is counted from the date of grant
| Tress and vines | 25 years |
| Other plants | 20 years |
The Protection of Plant and Varieties and Farmers Rights Act, 2001 (PPV & FRA) was enacted to provide the establishment of an effective system for the protection of plant varieties, the rights of farmers and plant breeders, and to encourage the development and cultivation of new varieties of plants. This act received the assent of the President of India on 30 October 2001. So far, 54 species are registered under this act and there are 52 DUS centers all over India.
The Biological Diversity Act, 2002
India is a member of the Convention on Biological Diversity (CBD) and to comply with its obligation under the CBD, this act has been enacted. This Act aims to ensure the conservation of biological diversity in India, sustainable use of its components, and fair and equitable sharing of the benefits arising out of the use of biological resources. Only selective provisions of the Biodiversity Act, namely, definition provisions, provisions relating to the constitution of the National Biodiversity Authority (NBA), and rule-making powers of Government – have been brought into force with effect from October 1, 2003. NBA regulates the commercial and other uses of biodiversity by both Indian and non-Indian entities. Prior to seeking any form of IPR in respect of biological resources, the applicant will be required to obtain approval from the NBA.
International Treaty on Plant Genetic Resources for Food Agriculture (ITPGRFA)
ITPGRFA is a multilateral system, a comprehensive international agreement, a global response to promote the conservation of plant genetic resources and to protect farmer’s rights to access and have fair and equitable sharing of benefits arising out of their use. Sustainable use of plant genetic resources is fundamental for achieving food and nutrition security and for a progressive realization of the right to food. ITPGRFA was adopted in Rome in November 2001 and came into force in June 2004. In harmony with the Convention on Biological Diversity (CBD), ITPGRFA guarantees food security through the conservation, exchange, and sustainable use of the world’s plant genetic resources for food and agriculture (PGRFA).
Thus, immense contribution has been made to explore this zone to its fullest potential and with harmonious efforts, a prospering way can be developed for the understanding and utilization of these natural resources.