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NISCAIR ONLINE PERIODICALS REPOSITORY (NOPR) >
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Journal of Intellectual Property Rights (JIPR) >
JIPR Vol.16 [2011] >
JIPR Vol.16(2) [March 2011] >
| Title: | IPR Laws to Protect Innovation not Restrict Crop Breeding - A Rational Approach |
| Authors: | Kapur, Arvind |
| Keywords: | Intellectual property rights
Private plant breeding
Innovation
Broad patents |
| Issue Date: | Mar-2011 |
| Publisher: | NISCAIR-CSIR, India |
| Abstract: | Private plant breeding has speeded up the
introduction of new varieties and hybrids to improve productivity and
production. Different intellectual property (IP) laws are in place to protect
the innovation created in this sector. The relevant rights providing protection
in this area include plant breeder’s rights (PBRs) and patent rights. A
peculiar exemption in plant breeding called ‘breeder’s exemption’ in PBRs has
been observed to play a vital role in innovation, an effect which was not seen
as a result of the existing patent laws.
The
attention towards intellectual property rights in biological sciences and in
particular, agricultural crops increased after TRIPS Agreement under WTO and
each country enacted laws to protect the rights of innovators in crop breeding.
Different forms of patent laws were already in place for protecting both
processes and products in biological sciences in developed countries. But in
most of the developing countries, these were available only for certain
innovations. The complexity of biological systems and the available laws for
protection of innovations are presently resulting in a lot of litigations among
innovators in most of the countries. Broad patents granted in many crops for
certain traits and also for essential breeding processes are resulting in
apparent restriction of further research. A rational approach to protect
innovation without restricting research has been put forth and discussed in
this paper. |
| Page(s): | 117-123 |
| CC License: |  CC Attribution-Noncommercial-No Derivative Works 2.5 India |
| ISSN: | 0975-1076 (Online); 0971-7544 (Print) |
| Source: | JIPR Vol.16(2) [March 2011]
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