03-08-2013, 04:14 PM
Intellectual Property Rights in Agriculture
ABSTRACT
Intellectual Property Rights (IPR) is recognized as an asset and means of harvesting and rewarding the fruit of agricultural research and development. Recognition of IPR provides a viable mechanism of protecting and rewarding innovators. This acts as a catalyst in technological and economic development. The essence of IPR regulation by law is to balance private and public interests.
The recognition of agriculture as a rule-bound enterprise of investment became quite obvious with its inclusion in the intergovernmental negotiations for the General Agreement on Tariffs and Trade (GATT) for the first time in the Uruguay Round (1986-1994). This round led to the establishment of the World Trade Organization (WTO) in January 1995. Now, the WTO has at least half a dozen intergovernmental agreements that directly affect agriculture. These include: Agreements on Agriculture (AOA), Applications of Sanitary and Phytosanitary (SPS) Measures; Technical Barriers to Trade (TBT); Anti-Dumping; and Trade Related Aspects of Intellectual Property Rights (TRIPS).
Conceptual understanding of the implications and applications of these agreements, particularly the TRIPS, has become more important and pivotal than ever before at every stage of planning, research, upscaling and commercialization of agricultural technologies. In days to come, when applications of various forms of IPR in different areas of agriculture is put to practice, we may face serious problems unless remedial measures are taken well in time, awareness is brought out and also due emphasis is given on IPR literacy, higher education and capacity building in the country.
Pragmatic implementation of IPR related legislations in place and those in the pipeline are expected to have tangible impact on the course of agricultural research and development in the country. It is, therefore, important to identify and develop various national policy options to address the emerging areas of IPR in agriculture, including the access to various protected technologies to the Indian farmers, entrepreneurs and other stake-holders.