CONTEMPORARY TRENDS IN IPR AND AGRICULTURE – A STUDY OF IPR PROTECTION OF PLANTS IN THE U.S. REGIME
Main Article Content
Abstract
Agriculture contributes immensely to the GDP of a nation. The introduction of innovative breeding practices in agriculture paved the way for the creation of new varieties of plants. The first part of the article will discuss about the evolution of Intellectual Property Rights (IPR) in the global scenario and the emerging trends in IPR domain in agriculture. The authors had indicated the data pertaining to plant variety protection (PVP) and the plant patents granted in U.S. for the years 2021 to 2023 and 2015 to 2022 respectively. The second part of the article describes about the nature of IPR protection in agriculture in the U.S., legislations involved in PVP, judicial decisions of the U.S. courts, the infringement remedies available in this respect. Finally, the authors conclude by discussing the impact of the IP protection and the current responses to the protection conferred in the U.S. perspective.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
UPOV Convention, The Union Internationale pour la Protections des Obtentions Vegetables” or “International Union for the Protection of New Varieties of plants
Carlos Correa, “Trade Related Aspects of Intellectual Property Rights: A Commentary on the TRIPS Agreement”, 2007.
The International Undertaking on Plant Genetic Resources (IUPGR)
The U.S. Plant Variety Protection Act,1970
The U.S. Patents Act, 1970
Elizabeth Verkey, Law of Plant varieties Protection, Eastern Book Company, 2007.
S.Thippeswamy, “Plant Variety Protection: A Historical Perspective”, International Journal of Development Research pp. 16839-16840, 2017
Convention on Biological Diversity Act, 2002.
“The International Treaty on Plant Genetic Resources For Food and Agriculture, 2001, (ITPGRFA).
Marrakesh Agreement for World Trade Organisation, (Annexure 1C).
Bayh - Dole Act, 1980
World Intellectual Property Orgnisation, “The Economics of Intellectual Property” (WIPO, 2009).
Law Relating to Intellectual Property Rights, V.K.Ahuja,
Edition: 3rd Edition, 2017.
“The International Undertaking on Plant Genetic Resources (IUPGR)”, 1983
Antony Taubman, Hannu Wager, and Jayashree Watal, “A Handbook on the WTO TRIPS Agreement.