AN OVERVIEW OF PROTECTION OF THE LIFE FORMS AND PLANT VARIETIES UNDER INTELLECTUAL PROPERTY RIGHTS

Author – TAMOJIT GHOSH, Student at SIDHO-KANHO- BIRSHA UNIVERSITY, PURULIA

Best Citation – TAMOJIT GHOSH, AN OVERVIEW OF PROTECTION OF THE LIFE FORMS AND PLANT VARIETIES UNDER INTELLECTUAL PROPERTY RIGHTS, INTERNATIONAL ENVIRONMENTAL LEGAL RESEARCH JOURNAL, 1 (1) of 2023, Pg. 1, ISBN (P) – 978-81-960702-1-2.

Abstract

Patents are a form of Intellectual Property Rights (IPR) most often used to seek protection of knowledge related to biological resources. The use of plants as medicinal sources is globally recognized and the (IPR) associated with their use and protection has been disputable issue around the world. As one of the core industries in India, agriculture requires the development of new plant varieties and better quality seeds to accelerate agricultural development. It has been internationally recognised that the contributions of plant breeders should not only be recognised but also a legal mechanism should also be developed to establish and protect their rights. There are various international legal regimes governing intellectual property rights in the protection of life forms and plant varieties and sets forth regulatory options for national governments to protect plant varieties while achieving other public policy objectives relating to plant genetic resources. This paper identifies different sets of policy options for governments based upon the specific constellation of treaty commitments they have undertaken.

Keywords: Commitments, Knowledge, Patents, Rights, Variety.