Patents on plants: Sell out of genes a threat to farmers – Comparative analysis of USA, UK and India scenario

Abstract

Today, demand for high production in agricultural sector is increasing rapidly due to increase in world population. Biotechnology through genetic engineering has paved the way for the production of super crops with desired qualities by manipulating the genome of plants. In order to give incentive to research in agricultural sector, some legal protection is required. Patent is one of such methods. Granting of patent like monopoly on plant genetic resources give rise to issue of bio-piracy. Biotech companies of developed countries have obtained many patents on genes of plants misappropriating the genetic resources of developing or underdeveloped countries which are rich in biodiversity. This free flow of genetic resources and information related therewith from South to North take place due to concept of “free access” and “common heritage of mankind.” Huge profit is generated from such resources without compensating the country of origin. This paper aims to analysis the jurisdictional approach of USA, UK, India with regard to patent on plants/seeds and measures taken to address the issue of bio-piracy.