IPR Laws to Protect Innovation not Restrict Crop Breeding - A Rational Approach

Abstract

Private plant breeding has speeded up the introduction of new varieties and hybrids to improve productivity and production. Different intellectual property (IP) laws are in place to protect the innovation created in this sector. The relevant rights providing protection in this area include plant breeder’s rights (PBRs) and patent rights. A peculiar exemption in plant breeding called ‘breeder’s exemption’ in PBRs has been observed to play a vital role in innovation, an effect which was not seen as a result of the existing patent laws.

The attention towards intellectual property rights in biological sciences and in particular, agricultural crops increased after TRIPS Agreement under WTO and each country enacted laws to protect the rights of innovators in crop breeding. Different forms of patent laws were already in place for protecting both processes and products in biological sciences in developed countries. But in most of the developing countries, these were available only for certain innovations. The complexity of biological systems and the available laws for protection of innovations are presently resulting in a lot of litigations among innovators in most of the countries. Broad patents granted in many crops for certain traits and also for essential breeding processes are resulting in apparent restriction of further research. A rational approach to protect innovation without restricting research has been put forth and discussed in this paper.