The
extension of the intellectual property rights regime to agriculture
under the WTO agreement on Trade Related Intellectual Property
Rights (TRIPS) will in many ways directly affect agricultural
research and technology transfer in India. It also has significant
implications for long term national food security, ownership
and conservation of genetic resources and biodiversity, and
protection of farmers knowledge and rights. In addition to TRIPS,
several other international agreements like the Convention on
Biodiversity (CBD), The FAO International Agreement on Plant
Genetic Resources, and other agreements on plant variety protection
address to varying degrees the questions related to intellectual
property protection in agriculture. They will have an increasingly
crucial role in determining future agricultural research policies,
goals and management strategies.
Scientists, faculty and
research managers of the National Agricultural Research System
(NARS) need to understand the intricacies of various agreements
that affect intellectual property used and generated in agricultural
research and develop proficiencies in activities related to
intellectual property management. These activities include filing
and processing of patents, protecting plant varieties, devising
and entering into material transfer agreements, opposing patents
detrimental to national interest, and countering opposition
in registering patents. This module introduces the various international
agreements affecting intellectual property in agriculture, the
status of India’s compliance, their implications for agricultural
research and technology transfer, the procedures for searching
and filing patents and leads towards the development of institutional
policies for intellectual property management in NARS.