Gene Patenting: Implications on Crop Variety Protection in India

Abstract

The role of IPR’s ability in the progress of society is undisputable. Such protections are be instrumental in making sure
that adequate investment in terms of money and time are made for food security and sustainable agriculture ecosystem.
Revolutionary technologies of genetic transformation leading to the products like genetically modified crops (GM) have
glamorized an otherwise rustic industry. There is a general consensus in relation to the complexity of the issue and granting
gene patents which in themselves (isolation) are worthless. Only in conjugation with complex biological system of a plant
can they show their effect. Super crops are now possible through various plant biotechnological interventions to obtain the
desired traits by changing the genome of plants. Such techniques are research intensive and demand high investment,
hence legal protection through intellectual property rights is imperative. But it is complicated to grant a patent or
similar monopoly on plant genetic resources as it has direct implications on food affordability and security especially in
developing countries. Additionally, giant seed companies of developed countries have gained many patents on genes of
plants, misappropriating the plant genetic resources of poor or undeveloped countries which are rich in biodiversity giving
rise to biopiracy. The purpose of the article is to examine the legal framework for gene patenting in reference to plant variety
protection (PVP) in India.