Gene Patenting: Implications on Crop Variety Protection in India

The role of IPR’sability in the progress of society is undisputable. Such protectionsarebe instrumental in making sure that adequate investment in terms of money and time are made for food security and sustainable agriculture ecosystem. Revolutionary technologies of genetic transformation leading to the products like genetically modified crops (GM) have glamorized an otherwise rustic industry. There is a general consensus in relation to the complexity of the issue and grantinggene patents which in themselves (isolation) are worthless. Only in conjugation with complex biological system of a plant can they show their effect. Super crops are now possible through various plant biotechnological interventions to obtain the desired traits by changing the genome of plants. Such techniques are research intensive and demand high investment, hence legal protection through intellectual property rights is imperative. But it is complicated to grant a patent or similarmonopoly on plant genetic resources as it has direct implications on food affordability and security especially in developing countries. Additionally, giant seed companies of developed countries have gained many patents on genes of plants, misappropriating the plant genetic resources of poor or undeveloped countries which are rich in biodiversity giving rise to biopiracy. The purpose of the article is to examine the legal framework for gene patenting in reference to plantvariety protection (PVP) in India.