A Critical Analysis On Consideration Of Plant Patents In India
- IJLLR Journal
- 3 minutes ago
- 1 min read
Mahaashri J, SASTRA Deemed University
Raja Vyshanavi R, SASTRA Deemed University
ABSTRACT
Patent is a right given to any creator who has invented a new article or an improvement of an existing article or a new process of making an article. It gives exclusive rights to the new creation for a limited period. It is given for an invention if it meets the prescribed conditions. Plant patents can be used to incentivize research and development in plant varieties. Naturally available plants or a plant developed through traditional breeding methods cannot be patented. Plant patents protects the inventor of a new and distinct asexually reproduced plant varieties granting them an exclusive right to reproduce, use and sell the plant. Plants that have undergone genetic modification or have been developed by using a technical process can also be patented.This makes any person liable for their unauthorised use. In most of the countries they have implemented a sui generis system to give protection to new plant varieties. Whereas some countries provide patent protection for new plant varieties. In India there is no specific provision for granting patents for plants. However, protections were given under the Protection of Plant Varieties and Farmers Right Act, 2001. An attempt is made in this research article to critically analyse the consideration of plant patents in India while balancing patents for new plant varieties and traditional practices of farmers.
Keywords: Patent, Asexual reproduced plants, Genetically Modified plants, new plant varieties, Farmer's right.
