Intellectual property rights are the rights given to people over the creations in their minds. Inventions, literary and creative works, and emblems, names, and snapshots utilized in commerce. They usually supply the creator with a distinctive proper overusing his/her advent for a positive length.
● TYPES OF INTELLECTUAL PROPERTY INCLUDES:
⮚ Copyright – This protects written or posted works along with books, songs, movies, net content, and inventive works.
- Patents – This saves industrial innovations, as an instance, a new commercial enterprise product or system.
⮚ Designs – This protects designs, together with drawings or laptop fashions.
- Trademarks – This protects signs and symptoms, symbols, emblems, phrases, or sounds that distinguish your services and products from those of your competitors.
Intellectual Property may be either registered or unregistered:
● OBJECTIVES OF INTELLECTUAL PROPERTY RIGHTS:
- IPR Awareness Outreach and Promotion – To create public focus about the financial, social, and cultural advantages of IPRs amongst all sections of society.
- Generation of IPRs – To stimulate the technology of IPRs.
- Legal and Legislative Framework – To have sturdy and effective IPR laws, which stability the hobbies of rights owners with the larger public interest.
- Administration and Management – To modernize and reinforce provider-orientated PR administration.
- Commercialization of IPRs – Get a fee for IPRs through commercialization.
- Enforcement and Adjudication – To give a boost to the enforcement and adjudicatory mechanisms for fighting IPR infringements.
- Human Capital Development – To support and extend human belongings, establishments, and capacities for education, schooling, studies, and capability building in IPRs.
- Needs of IPR:
The improvement and nicely-being of humanity rest on its capacity to create and invent new works within the areas of era and way of life.
Encourages innovation: The legal protection of the latest creations encourages the dedication of extra resources for additional innovation.
Economic increase: The merchandising and protection of intellectual properties spur economic increase, create new jobs and industries and complements the quality and leisure of life.
Safeguard the rights of creators: IPR is needed to shield creators and one of kind producers in their highbrow commodity, goods, and services with the useful resource of granting them nice time-confined rights to control the use fabricated from the artificial items. It promotes innovation and creativity and guarantees ease of doing commercial employer.
It helps the transfer of the era inside the form of overseas direct investment, joint ventures, and licensing.
● Relevance of IPR to the agriculture zone:
- ⮚ Trademark: India’s trademark legal guidelines include the trademarks act in 1999 and the Trademarks policies of 2002 and 2017. A trademark is a recognizable signal, layout, or expression, which identifies services or products of a specific source from those of others. Trademarks are used to marketplace seeds or spraying offerings. The trademark proprietor may be an individual, industrial organization, or any criminal entity. A trademark may be located on a bundle deal, a label, a voucher, or the product itself. Trademarks applicable to the agriculture industry-related change and enterprise include tea brands, which includes Brook bond, Taj Mahal, Lipton, and so on different products like Maggie, Sun fest, Nestle, which belong to Indian conglomerate ITC.
- ⮚ Industrial Design: The laws governing designs are the Designs Act 2000 and the Designs Rules 2001. Designs are valid for a maximum of 10 years, renewable for an additional 5 years. The registration of a layout confers upon the registered owner the one-of-a-kind proper to use the brand new and unique layout of the thing inside the elegance in which the layout has been registered. Design registration applicable in agriculture merchandise consists of a new authentic layout of ‘C’ formed fertilizer tablet, Sugar cubes or even a new and authentic layout of ploughing/ agriculture enforce, which part of serving and functional part also have specific eye enchantment.
- ⮚ Geographical Tag: Geographical tag inside the shape of intellectual property right ruled through Geographical indicators of products (registration and protection) act, 1999. An Act to provide for the registration and higher safety of geographical warning signs regarding goods. Geographical indication about Goods way a demonstration which identifies such goods as agricultural items, natural items, or synthetic goods as originating, or manufactured inside the territory of a country, or vicinity or locality in that territory, where a given exceptional, recognition or every other function of such goods is largely attributable to its geographical beginning and within the case wherein such goods are manufactured goods one of the activities of either the manufacturing or of processing or training of the products worried takes area in such territory, area or locality because the case can be. Most geographical indications relate to agricultural products or those derived from them, as within the case of wines and spirits. Protection of such marks prevents third events from passing off their merchandise as those originating in the given place. The gain of such safety is that it is not time-constrained, unlike the case of plant patents or plant breeders’ rights. However, pointless to mention, commercial benefits may be derived from the protection of geographical warning signs most effective while the name will become moderately famous. E.G., ‘Darjeeling for tea’ grown in India and guarded as registered GI. Coorg Orange is also called Coorg mandarin is a cultivar of orange from Kodagu in Karnataka additionally registered as GI in India. Plant types advanced with traditional information and associated with a specific location also can be protected as geographical warning signs. The advantage of such protection is that it is not time-constrained, not like the case of plant patents or plant breeders’ rights. However, needless to mention, commercial advantages can be derived from the safety of geographical indications simplest when the name becomes moderately well known.
- ● Preservation of plant sorts and Farmer Rights, Act 2001
An act to provide for the status quo of a powerful system for the safety of plant varieties, the rights of farmers and plant breeders and to inspire the development of recent forms of flowers.
This act extends to the completion of India; Registration of plant varieties may be made in the office of Registrar, PPV&FRA, and New Delhi. The Central Government shall, with the aid of notification in the Official Gazette, set up an Authority to be called the Protection of Plant Varieties and Farmers’ Rights Authority for this Act. The Authority shall include a Chairperson and 15 participants.
- According to the act:
⮚ It is considered necessary to understand and shield the rights of the farmers in recognizing their contribution made at any time in keeping, enhancing, and making available plant genetic resources for the development of recent plant types.
- For the rural development in the country, it is crucial to shield plant breeders’ rights to stimulate funding for studies and improvement, both within the public and private areas, for the improvement of new plant varieties.
⮚ The protection will facilitate the increase of the seed enterprise within the country to ensure the supply of super seeds and planting material to the farmers.
⮚ To give impact to the aforesaid goals, it’s important to undertake measures for the safety of the rights of farmers and plant breeders.
- The essential capabilities of the PPV&FRA:
1. Registration of new plant varieties, essentially derived types (EDV), extant types.
2. Developing DUS look at suggestions.
3. Developing characterization and documentation of types registered.
4. Compulsory cataloguing facilities for an expansion of vegetation.
5. Corroboration, indexing, and cataloguing of farmers’ varieties.
6. Recognizing and worthwhile farmers, the network of farmers engaged in conservation, improvement.
7. Preservation of plant genetic resources of economic flora and their wild loved ones.
8. Preservation of the National Register of Plant Varieties
9. Maintenance of National Gene Bank.
- Rights under the act:
⮚ Farmers’ Rights: The Act acknowledges the farmer no longer simply as a cultivator however also as a conserver of the agricultural gene pool and a breeder who has bred numerous hit types. There are provisions for such farmers’ sorts to be registered with the help of NGOs or institutions so that they are included in opposition to being scavenged by formal sector breeders.
- The essential provisions under this act for farmers are:
▪ The farmer who bred range are equated with plant breeder for registration, royalty sharing, reputation, and rewards will be entitled to shop, reuse, alternate, percentage the seed of all sorts.
▪ Farmers or corporations of farmers will no longer be vulnerable to pay any price in any proceeding earlier than the authority
▪ The farmer will no longer be entitled to sell registered range through labelling and packaging
▪ The farmer may additionally declare compensation from the breeder if the range fails to offer a projected overall performance.
⮚ Breeders/ Researchers Rights: The Act presents specific property to a breeder or his successor, agent, or licensee to supply, market, sell, distribute, import, and export of seed of his registered variety. Use of others’ protected variety for studies and developing new variety, however for the repeated use for commercial exploitation, the authorization of breeders may be required. The breeder will be entitled to get a State Royalty.
⮚ Rights of Communities: Compensation will be paid by using the breeder if the village or neighbourhood community using the contribution to the development of the variety. PPV&FR Authority will decide repayment from the gene finances.
- Criteria for figuring out the protection of plant varieties
There are five primary criteria to decide whether a plant range is new or no longer. These standards are:
Distinctness: The item of this criterion is to ensure that the candidate range may be recognized among all other varieties whose lifestyles are thought, whether or no longer they are blanketed. A utility for protection or the entry of an expansion in a respectable check-in in any country reasons the range to be recorded as a count of commonplace information. The application for the protection has to be filed with UPOV earlier than disclosing it to every other company.
2.Uniformity: The objective of this criterion is to make certain that the people representing the variety that may be a candidate of safety form a set that is identifiable based totally on the description of its traits. The degree of uniformity is decided considering the mode of reproduction of the species and all the genetic structures of types. The equal degrees of uniformity cannot be required for a strictly self-pollinating species or for a species that is vegetatively propagated. A proper level of uniformity might make certain that it can be used for agricultural production. In this regard, the distinction between the protection given using UPOV and the patent system can be cited.
3.Stability: The variety will be deemed strong if its applicable traits stay unchanged after repeated propagation or, within the case of a specific cycle of propagation on the give up of each such cycle. Stability, in addition to uniformity, may be misplaced if the rights holder fails to preserve the range proper to the description hooked up when the rights were granted.
4. Novelty: The range will be deemed to be new if, at the date of submitting of the application for breeders proper, propagating or harvesting fabric of the variety has not been bought or in any other case disposed of to others, by using or with the consent of the breeder for exploitation of the range.
5. Appropriate denomination: The variety will be distinct by a denomination which will be its conventional designation. The premise that the variety denomination ought to be its well-known designation elegance for a requirement that ‘denomination ought to permit the range to be identified’. This is facilitated by requiring that a specific denomination and simplest that denomination is used to discover a spread in change. These sorts can be:
• Extant Varieties: Varieties notified underneath section 5 of the seed Act 1966 and the varieties within the public area are known as extant types.
• Farmers’ Varieties/ Community Varieties: These sorts are historically cultivated and evolved by way of the farmers of their fields. The wild loved ones, landraces, which the farmer possesses additionally, fall in this class.
• Essentially Derived Varieties: These types are predominantly derived from a preliminary range that retains the characters of the preliminary range and distinguishable from such initial variety at least for one trait.
The period of protection of registered sorts is special for distinct vegetation:
1. For timber and vines – nine years extendable to 18 years
2. For other plants – 6 years extendable to 15 years.
3. For extant types – 6 years extendable to 15 years from the date of notification of that range via the Central Government under section 5 of the Seeds Act, 1966.
[If any man or woman falsely represents a diffusion as a registered range, then he will be punishable with imprisonment for a term not less than six months which can be extended up to three years, or with a best, now not less than one lakh which may be more desirable to 5 lakhs, or both.]
[ An Act to provide for the conservation of biological variety, sustainable use of its components and truthful and equitable sharing of the benefits springing up out of the usage of biological sources, information and for subjects related therewith or incidental thereto]
The United States is rich in biological variety and related to conventional and modern know-how structures. Biodiversity is the most ecologically sustainable form, which facilitates the preservation of soil fertility and facilitates the farmer to control their farm economics and seed. India is a party to the United Nations Convention on Biological Diversity signed in Rio de Janeiro on the 5th day of June 1992. The Convention came into force on 29 Dec1993. The most important goal of conservation of biological range, sustainable use of its components, and fair and equitable sharing of the advantages arising out of the usage of genetic resources. Therefore, CBD offers opportunities to India to recognize blessings from its rich biological resources and associated traditional expertise.
In India, this act commonly addresses access to genetic sources and related expertise by foreign individuals, establishments or corporations, to ensure equitable sharing of benefits arising out of the use of those sources and expertise to us and the people.
Preservation of Traditional Knowledge: The protection of traditional know-how has been made under this regulation. It affords for interiliac registration of information, and for developing the Sui generis machine for shielding traditional know-how.
Structures of biodiversity act 2002: A 3-tiered structure at the national, nation and neighbourhood States stage is to be set up.
▪National Biodiversity Authority (NBA)
▪State Biodiversity Boards (SBB)
▪Biodiversity Management Committees (BMCs)
In India, patents are to be had in new methods in respect of agriculture however not in all merchandise. According to the Patent act 1970, and subsequent amendment, the patent will be implemented particularly in agriculture equipment and machinery, and agricultural chemical substances. It is received in agriculture in procedures related to agrochemicals, growth promoters and regulators, vaccine drug hide and timber, food tech, dairy tech., bioreactors, gas and biogas production, standardization of diverse laboratory protocols, surroundings control, and so on. However, there may be a positive limit below the act related to furnishing agriculture invention. From 2005, innovations related to agrochemicals as products may be patented in step with the patent act 2005. The TRIPS settlement made it obligatory for defensive plant life variety both with the aid of patent or usingStatesfibre using sui generis machine or by using any mixture, the choice has been left to the signatory nation. In India, sui generis systems for the protection of plant variety had evolved and it got here in the form of the safety of plant range and farmer right 2001
[An Act to offer for regulating the fine of positive seeds for sale, and for subjects related therewith.]
The Seed Act 1966 was passed by the Indian Parliament on 29 December 1966 and it got into force on 2 October 1969. In addition, the Seed Regulation Order became additionally surpassed in December 1983. The sole goal of this Act and Order has been to make sure that the Indian farmers get the correct pleasant seeds of essential plants.
Important provisions farmers are under this act:
▪ The Act is relevant for the seeds notified using the Central Government sometimes.
▪ Seed exceptional is regulated at two levels: Seed production and seed certification. For this reason, seed trying out laboratories and seed certification organizations are to be established in every kingdom.
▪ Any group, organisation, company, or character wishing to do enterprise in seeds have to obtain vital permission for getting and promoting seeds. Without permission, such an enterprise cannot be completed.
▪ A license holder ought to maintain all seeds notified with the aid of the Central Govt. For sale.
▪ The seeds to be bought to farmers ought to fulfil the minimum qualifications. Standards of bodily purity and germination per cent fixed below the Seed Act.
▪ The luggage or packets containing seeds for sale must have specs fixed for that specific seed.
These labels are of various colours for different seeds for the convenience of purchasing farmers:
- Breeder’s seed – Golden Yellow colouration tag, Genetic purity – 100% cent.
- Foundation seed – White colour tag, Genetic purity – 99.5 %.
- Certified seed – Azar Blue shade tag, Genetic purity – 99%.
- Registered seed – Purple colour tag
- Truthful seed– Opal green shade tag
▪ The physical purity and germination percent of some seeds as a measure of the first-rate popular are given below:
|S.No.||. Crop (%)||Physical purity (%)||Germination (%)|
|1.||Jowar and Bajra||98||75|
● ICAR Instructions for IP Management and Technology Transfer/Commercialization
These hints may be adopted as appropriate with the aid of SAUs and ICAR institutes for IP Management and Technology Transfer/Commercialization. This might help agricultural institutions within the endeavour of IP management.
● THE PATENT CASE IN BASMATI RICE
More than 2 lakh rice types were grown in India and they grew in India more than one thousand years lower back. Basmati rice is known for its characteristic smell and flavour. In 1997, the American patent office granted a patent to US firm Rice Tech CO. For a variety called Texmati rice. Texmati rice patent utility initially has 16 claims just like the famous traits of Indian Basmati rice. However, according to the Geographical tag basmati is a widely recognized Indian range, which could not be patent to some other area. Basmati rice is registered as GI. So, the proof of IARI, New Delhi, and directorate of rice research, Hyderabad proved sixteen claims of the United States Company Rice Tech CO. Had been just like traditional Indian Basmati Rice. It way it becomes a replica and a case of Biopiracy. Rice Tech Co. had sooner or later withdrawn these sixteen claims and limit their patent claims to best those for genetically laboured germplasm and with such constrained claims, which no longer shape the basmati characteristics associated with its GIs, the patent became issued to Rice Tech Co. On 2-Sep-97.
● Conclusion: Population growing every day and their meals demand is also growing subsequently, agricultural practices help to fulfil the growing needs for meals. The needs might now not be in phrases of the amount of food produced, however also of its first-rate. Also, agriculture science is a multidisciplinary discipline that includes science and management, organic machines, breeding of animals, vegetation, and fungi for meals and fibreusing. The agricultural zone also ends in the development of the new era and product and developed highbrow advent. Thus, IPR is a legal guard to protect these highbrow creations from biopiracy. IPR is used as a weapon to keep the right client to get fine meals through providing the strongest protection, farmers and breeders by using patentable plant life and animals and biotechnological methods for his or her production and invention and also safe the USA conventional expertise from biopiracy. The IPRs applicable to agriculture are patented, in particular on biotechnological inventions, plant breeders’ rights, emblems, and geographical warning signs.
|References: Roy C. (2019) Apple academic plus, The role of intellectual property right and allied sector, Srivastava R. B. Intellectual property right and its management in agriculture Intellectual property office (2017), Intellectual property right in India Watal J. (1998) Intellectual property right in Indian Agriculture, Indian council for research on international economic relations M Elangovan, P Kiran Babu1, Directorate of Sorghum Research (DSR), Hyderabad 500030 (AP), India Intellectual property right act in India R.Kalpana Sastry, National Academy of Agricultural Research Management, Intellectual Property Rights in Indian Agriculture|