A debate on the legality of genetically modified seed patenting
The central demand of the civil society campaign - key to the witnessed deadlock - has been identified. A second green revolution will be necessary to meet the increased global demand for cereals by 40 per cent between and . Myriads of novel GMOs could be developed and released into the global environment to help to solve severe shortages or problems in agriculture, energy or medicine by providing more and better food, alternative fuel or new and more effective pharmaceuticals.
This is not what traditional intellectual property instruments are customised for. The article will proceed in eight sections. To accumulate these sums the biotech industry is particularly motivated by the attraction of patent protection.
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As of yet, this question has received no authoritative legislative or judicial answer under Indian patent law. The means of conventional cross-breeding to achieve desirable changes to natural species are limited.
But its function embedded into an organism may create an invention. Human gene sequences in their natural state cannot be patented; this is true in all patent systems. It can be reproduced on a large scale and other parties can use the underlying genetic design to develop better versions of the GMO. Why are GMO companies granted patents? The article will argue why a non-polarised debate on GM crops, IP and especially rural development, based on Habermasian democratic deliberation, is pivotal. Executive director and founder Dave Murphy called it a major loss for U. Aberrations in patent practice Patenting inventions has moved away from its original purpose. Interdependencies of investment and innovation The importance of patents for safeguarding intellectual property has even been recognised before the industrial revolution.
Therefore, local seed companies, who sell hybrid Bt cotton seeds to farmers, do not need patent protection to make their business model viable: their customers will come back to buy new seeds each year in any case.
Different from the first, it is expected to rely on genetic engineering which has enabled the expeditious introduction of a wide range of desirable traits into plants.
Monsanto gmo patents
Furthermore, for goods of the public domain the return on investment is less than for patented products. Sixth, the article will explore two legal pathways to ascertain the unpatentability of plants, while assessing whether the suggested pathways are compliant with the Indian Patent Act Section 7 and whether the Indian plant patent regime is compatible with international patent law Section 8. Before arguing in favour of a negative answer Section 7 , the article will conduct an economic analysis of the Indian plant patent regime Section 6. Patent creates monopolies, which undermine the choice of farmers as well as all citizens as eaters. GM crops seem to be beneficial in some circumstances, but detrimental in others, and patents add another layer of complexity. It might be possible to establish plant patents via patents which contain product claims pertaining to genes, cells, plant tissues etc. Furthermore, they can play a role e. Regarding all these questions, diverging and even opposed academic views have been expressed. Annotated Bibliography Howard, Philip H. Genetic engineering takes genetic material from one organism that could never be naturally found in the other organism ie Bt bacteria and a cotton plant. Economic analysis of the Indian plant patent regime According to Indian patent law, it cannot be ruled out that patents which contain claims pertaining to genes or cells, tissues, processes, to the extent that these would turn out to be patentable would have an effect upon farmers in the field i. Hence, according to the Patent Declaration, it is perfectly permissible for Indian courts to make sure that the scope of product claims pertaining to genes or of claims pertaining to cells, plant tissues, processes etc. In the following seasons, he replanted the seeds without having a licensing agreement with Monsanto.
Animals The importance of intellectual property rights in the development of animal production technologies has so far been less than in plants.
based on 44 review