This article has been written by MS SHAHEEN HIRANI,a 4th year student of KESHAV MEMORIAL COLLEGE OF LAW.
Did we ever wondered how such thousands of species of plants are illustrated for whom protection is required for either infringing the rights or letting the speceis go endangered or extint?for this question we have an answer under the distinguished law of Intellectual Property. Intellectual property is like any other property is not absolute,therefore no private person can have exclusive right in respect of IP without the control or intervention of the govt. Likewise an act to provide for the effective protection of plant varieties,the rights of farmers and plant breeders and also to encourage the development of new varieties of plants a new act was formed which is PLANT VARIETIES ACT, established in 2001.
Whereas it is also necessary to protect the rights of farmers with contribution made by them in respect of conserving and improving the plant genetic resource for development of new varieties.
For a continuous and developing stages of such act their must require a association of fund and for that purpose a bank named as NATIONAL GENE BANK came into existence
NATIONAL GENE BANK –it was established in the year 1996 to preserve the seeds of plant genetic.It is a type of biorepository preserving the genetic resources.
Gene is the basic physical and functional unit of heredity.Genes are made up of Deoxyribonucleic Acid(DNA).
The national gene bank is survivng its purpose by protecting about 4.52lakh accessions,of which 2.7lakh are indian germplasm and the rest have been imported from other countries. Well the functioning NGB is not just limit for a shorter period and every measure is taken in view of considering a long term benefit to and healthy growth of species and therefore it is classified in four categories-
1.Seed Genebank
2.Cryogenebank
3.In vitro Genebank
4.Field Genebank
It also stores different crop groups such as cereals,millets,medicinal and aromatic plant and narcotics etc. several heads and measures are made sure under the different gene banks,just like various heads in all other fields have something associative to perform just like thaat this all have some purpose to serve n respect o all the beneiciariall haves given to the bank,let’s us get in details with what actually each bank has to p some purovidpose a to serve ind wha respect are things they work on.
1.Seed Bank
The name itself explains the purpose of the bank.Every living thing has a beginning and its germination starts from that being of seed,therefore this species of gene bank stores the dried seeds at a very low temperatures. Seedless plants like tuber crops cannot be preservered in this way but spores and pteridophytes are conserved in seed banks.The largest seed bank is located at New London.
2.Cyro Bank
In cyro banks its comparatively different and something very new in concept but which can be easily accepted at large.At cyro banks the seed or embryo is preserved at very low temperatures.It is preserved in liquid nitrogen.Cyro banks are helpful for the conservation of species that are facing extinction.Thus this banks not only have one purpose to provide but multiple as this also helps in conserving the vast biodiversity which the world consumes.So for the protection of this IP are as necessary as any other related thing in consideration with safeguarding the species.
3.In Vitro Bank
As we already have a bank which preserves the seed but not the variation of seedless plants and their comes this bank which stores or preserves the seedless plants and also such plants that reproduce asexually or such plants that require preservation as clones.Here buds,and meristematic cells are preserved to particular lights and temperature arranagements in a nutrient medium,which could be any either jellified or in liqiud form.
4.Field Genebank
A bit strange it might sound where comes the existential word of artifical. This is a process of planting plants for the conservation of genes.So an ecosystem is made,a man-made one.In this a researcher can completely look into the details of the variation and can basically study the plant.So as this is artificial so the amout of land,adequate soil,weather is required in larger quantities.
However the only goal and requirement and intention of every bank is to protect and to conserve the speicies either naturally or artifically whichever is suitable for the given plant.
A case law where the explanation of trademark dispute in reference to the plant varieties act is Pepsico vs Farmers
In this case,pepsi co intiated legal proceedings against four farmers in Gujrat asking for some 1.05 crore each for legally growing potato variety by violating intellectual property rights.As pepsi co has been assigned to grow two hybrid potato for their own lays chips.Thus after certain deliberations at both the side the commercial court extended ex parte ad interim injun.ction on the farmers and later it led with a settlement out of court.
Another case law with related to ambiguity and propagation of hybrid seeds is of Maharastra Hybrid Seed co vs Union of India
The underlying fact about this case was parent line of known hybrid varieties cannot be considered as a new variety or is not given a novelty.The only intent of plant variety act is to safeguard and protect the plant breeders and therefore it was held that novelty is lost by parental lines by commercial exploitation of its hybrid,and therfore such interpretations are not viable.
Thus all this require a fund in general and therfore a concept of Gene Fund comes into existence.
In this the central govt embarks it at a national level calling it as National Gene Fund under Section 45.Gene fund is applied for meeting any amount to be paid by way of benefit sharing and also other expenditures.Benefit Sharing in relation to a variety means such protection of the benefit accruing to a breeder of such variety or such proportion of the benfit accruing to a breeder from an agent or a license of such variety for which a claimant shall be entitled as determined by the authority. Another case law in regard to the patent in reference to the plant variety act is about Mahyco Monsanto Biotech ltd vs Nuziveedu Seeds ltd
There was a conflict of issue between the above two mentioned companies,the main issue was that NSL contented thr provision ultara vires since it gives wide power to registrar of PPVFR authority,therefore the court further claim that the provisions were inchoate when compartively to other IP laws.Thus the court declared sec 24(5) of PPVFR invalid.
While IP laws protect the developed nations in regard to plant-based rights the same does not happens with developing countries who provides base material for breeding and stuff.Thus the upcoming of PPVFR resulted in strengthing the farmers and breeders in recognising their constant contribution made in this current age of rapid privatisation and agricultural trade.It should also strive towards fixing the loopholes and simultaneously making a national seed or gene policy.As the fund obtained to this act is guarded naturally by the national itself so it will definitely strive to make better the issues ,although there are several loopholes and flaws in the act but at the end all it is helping and protecting under such or those rights which has no boundary barriers as it remaining common for all which is the Intellectual Property Rights.
REFERNCES
1.DR GB REDDY-INTELLECTUAL PROPERTY RIGHTS AND LAW
2.V K AHUJA-LAW RELATING TO INTELLECTUAL PROPERTY RIGHTS 3.re.indiaenvironmentalportal.org.in
4.drishtiias.com
5.alliancebiodiversityciat.org
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