IPR Regime in Plant Biotechnology with Reference to Bacillus Thuringiensis Cotton

Abstract

This document is a descriptive analytical commentary on emerging trends in agricultural biotechnology and the increasing role of Intellectual Property Rights regime in determining the direction of this promising industry. Biotechnology has intrinsic potential of churning out problem solving tools in life sciences research and product development. It can also help develop novel product and services in agriculture. Protection of IPR plays an important role in giving boost to the inventive and innovative activity in any society. For Indian enterprises to compete globally, recognition and reward of innovations and inventions is imperative. IPRs provide one of the major instruments for doing so. The provisions of TRIPS agreed upon by most countries of the world as the consequence of GATT and WTO require individuals and institutions engaged in inventive activity to protect the same through a harmonized patent law within a specified period depending upon the economic situation of the country concerned. India has already enacted Plant Variety and Farmers' Rights Act in 2001. IPRs are increasingly becoming an important competitive instrument in the liberalizing Indian economy.

Keywords: Intellectual property rights, Plant variety, genetically modified seeds, farmers, pollution.

JEL Classification: O34