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Biotechnology
and
Intellectual
Property
Rights
(IPR)
&
Intellectual
Property
Protection
(IPP) - One of the most important issues, which has been raised due to the
emergence of modern biotechnology, is the legal characterization and
treatment of trade related biotechnological processes and products,
popularly described as Intellectual Property its protection
(Intellectual Property Protection = IPP) and the Rights (Intellectual
Property Rights = IPR), available to protect this property have been
the subject of discussion in recent years.
In this connection, one may like to compare biotechnology with other
technologies, the advances in which are covered by the patent system
and are, therefore, routinely licensed and marketed.
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The term property,
is often found associated with physical objects only, such as household
goods or land, for which ownership and associated rights are guaranted
and protected by law prevalent in a country. This property is described as tangible. Intellectual property, on the
other hand, is intangible and includes 'patents', 'trade secrets',
'copyrights' and 'trademarks'. The rights to protect this property
prohibits others from making, copying, using or selling the proprietary
subject matter. Under biotechnology, one of the most
important examples of intellectual property is the processes and
products, which result from the development of genetic engineering
techniques through the use of restriction enzymes to create recombinant
DNA.The characterization of these research results as
intellectual properties encourages industries to allocate labour,
research and development (R&D) units and funding to facillitate the
production of commercially marketable items.
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Due to these intellectual
properties, many legal and public policies, which are impediments to
biotechnological research are also being challenged and are, therefore,
undergoing changes. This
is understandable, because if public policies do not allow the
development and commercial use of an intellectual property, no industry
would like to invest funds in this research.
Another example of
intellectual property is the development of crop varieties, which are
protected through 'plant breeder's rights' or PBRs (PBRs are available
in developed countries, not in India). Through PBR, the
plant breeder who developed a variety enjoys the exclusive right for
marketing the variety, although use of the variety for further breeding
or for replantation of seed saved by a farmer (farmer's exemption) is
permissible.
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More recently, however, utility patents for
genetic materials, both plants and animals, have also been allowed in
some countries, so that the patented material can neither be used for
further breeding, nor will the farmers be allowed to save and use the
seed for cultivation, without paying a fee to the patent holder. Similarly,
if patents on superior animal breeds are allowed, a dairy farmer will
find that a calf born to his hybrid cow will belong to the company,
which sold him the animal. These intellectual property rights affect
(favourably as well as unfavourably) the conservation, availability and
use of plant and animal genetic resources (PGR and AGR).
The
impact of IPR on the availability of genetic diversity will also be
witnessed. There are also arguments against patenting life forms like
transgenic animals and plants, because these patents will work as
impediments in free exchange of genetic materials for improvement of
crops and livestock.
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IPRs may also adversely affect
(i) food security,
(ii) use of evolved agricultural practices,
(iii) biological diversity and ecological balance and
(iv) the livelihood of the poor in developing countries.
Since a better understanding of intellectual property by research
scientists and university/institute administrators will increase the
pace of research for technological development in biotechnology
In the present, we will discuss the various intellectual properties
relevant to developments in biotechnology. In the next chapter, we will
discuss the specific problem of patenting of biological material, the
problem related with deposit of material for obtaining the patent claim
and the international conventions in this connection.
We
will also discuss in these legal requirements to enforce intellectual
property rights, since they will work as incentive for further advances
in biotechnology.
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