Gene-Edited Crops And The Law: Integrating CRISPR Into Plant Variety Protection Frameworks

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Janani Gopinath & Pavithra Ramkumar, VITSOL, VIT, Chennai

ABSTRACT

CRISPR- Cas9 has emerged as a transformative gene-editing technology with applications across agriculture, medicine, and biotechnology. ITs rapid development has triggered unprecedented intellectual property (IP) disputes, most notably the high-profile patent battle between the University of California, Berkeley and the Broad Institute, which has led to a fragmented global IP landscape. This article examines the legal and commercial implications of CRISPR patenting, focussing on issues such as overlapping patent claims, exclusive licensing practices, and the formation of dense patent thickens that restrict access to foundational gene-editing tools. It explores how competing ownership models influence downstream research, innovation, and equitable access to gene-editing applications, particularly in developing countries. The analysis further addresses ethical concerns related to monopolization, public-interest access, and the governance of human and agricultural gene editing applications, particularly in developing countries. The analysis further addresses ethical concerns related to monopolization, public-interest access, and the governance of human and agricultural gene editing. Drawing on comparative perspectives from the United States, European Union, China, and India, this article argues that the current IP framework risks reinforcing global inequities unless complemented by open licensing, patent pools, and humanitarian access policies. The study concludes by proposing regulatory and policy reforms to balance innovation incentives with ethical, social, and public-health considerations.

Keywords: CRISPR- Cas9, gene editing, patent disputes, biotechnology regulation, ethical implications, Intellectual property rights

GENE-EDITED CROPS AND THE LAW- INTEGRATING CRISPR INTO PLANT VARIETY PROTECTION FRAMEWORKS.

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