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Intellectual Property Rights (IPRs) and Protection (IPP)
One of the most important issues, which has been raised due to the emergence of modem biotechnology, is the legal characterization and treatment of trade related biotechnological processes and products, popularly described as Intellectual Property.
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Its protection (Intellectual Property Protection = IPP) and the Rights (Intellectual Property Rights = IPR), available to protect this property have been the subject of discussion during the last decade (1990-2000). 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 guarantied 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 right to property prohibits others from making, copying, using or selling the proprietary subject matter.
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Under biotechnology, one of the most important examples of intellectual property is the process 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 facilitate 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 in this research.
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Another example of intellectual property js the development of crop varieties, which are protected through 'plant breeder's rights' or PBRs (PBRs are available in developed countries, and they have also become available in India in the early years of 21st century.
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. 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.
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.
We will discuss the various intellectual properties, relevant to developments in biotechnology. 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 discuss 'intellectual property rights in plant breeding' and 'terminator and traitor technology (v-GURT and t-GURT)' that are likely to be used as an alternative to intellectual property protection (IPP). since they will work as incentive for further advances in biotechnology.
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