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JIPR Vol.09(4) [July 2004] >


Title:  System Perspective for IPR Protection in The Plant Kingdom
Authors: Kochhar, Sudhir
Keywords: IPR
TRIPS Agreement
CBD
UPOV
sui generis
PVP system
patent
PPVFR Act
Issue Date: Jul-2004
Publisher: CSIR
Abstract:  Increasing degree of human intervention and innovativeness in the plant kingdom in the course of evolution and development has led to enhanced economic relevance of the agriculture sector. Whereas the conventional agricultural practices based on the traditional knowledge of local farming and tribal communities continue to provide potential genetic resources to develop and improve plant varieties, the commercial agriculture is valued for its scientific and industrial approaches. In pursuit for development, intellectual property investments in agricultural research may have conspicuous relationship and striking balance with the utilization of genetic resources. Developing countries have been advocating for over two decades to allow the equitable benefit sharing to be treated at par with the application of IPR. Concerns for IPR and benefit sharing are addressed by the TRIPS Agreement and the CBD whereas UPOV provides standards and guidelines for the IP protection of plant varieties. India has opted for a sui generis plant variety protection (PVP) system and patent protection is available for other fields of agricultural technology. The PVP allows research and breeding exemption of the protected varieties. The sui generis system recognizes deemed prior rights of local communities and farmers on the genetic resources and provides compensation on equitable basis. The Indian patent system too recognizes the need for disclosure of the source of genetic resources used and the traditional knowledge associated with such use, if any. In a system perspective, this paper attempts to highlight points of convergence and divergence of IPR and benefit sharing related provisions, issues and concerns in relation to plant kingdom.
Page(s): 342-355
ISSN: 0975-1076 (Online); 0971-7544 (Print)
Source:JIPR Vol.09(4) [July 2004]

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