“FARMER’S RIGHTS IN INDIA IP REGIME: ISSUE AND CONCERNS” By- Law Padho

 This article is written by ADARSH KUMAR TAJAN, a student at Symbiosis Law School, Hyderabad, where he discusses about the “FARMER’S RIGHTS IN INDIA IP REGIME: ISSUE AND CONCERNS”

“FARMER’S RIGHTS IN INDIA IP REGIME: ISSUE AND CONCERNS”

INTRODUCTION

In this article, the author has explained the issues confronting the rights of the farmers. This IP regime has laws relating to the principles of the Intellectual Property Law which process the innovative idea from the farmers to group crops or to breed the plants in their lands. Also, the definite criteria have to undergo the process in laboratory conditions to give more output to the farmers. In India, farmers have to go through a very unpredictable climatic condition where the productivity of their land degrades due to which the production of any crop is very uncertain in every state. Plant genetic conservation is an innovative method through which there will be more stability in the production of any kind of crop irrespective of the land. In the diversity of the plant genetic, it is more important for farming crops into the environmental factor while adapting the climatic changes. In the general concept, the rights of the farmer denote the resources of the various innovative ideas and technology or knowledge. It can give a wider perspective of long-term resources.[1]

MAIN BODY-

Like other developing countries, India is still developing in the field of agriculture and its resources. The IPR regime elaborates on the rights of the breeders and the farmers of the country. Where the recognition of farmer's rights depends on the verities of the generic legislation of the rules by the government of the foreign countries. Here the maintenance of crops and the varieties of the breed of that is more important so to recognize the plant breed. Also, the farmer right in India is a precondition for the maintenance of the crop genetic diversity. In a general context, the rights of the farmers denote the terms and ideas along with the modern technology and equipment. [2]However, the confinement to the rights of the farmers' legal regime has certain boundaries where the rights are contemporary regimes. Here the idea of the regime is to cross the demand for the plant breeders’ rights. Promising countries like India, promote the goods produce inside the domestic boundaries to continue the process of variety selection to conserve the genetic diversity of plants. Also, India is the first country to include the rights of the farmers for plant genetic diversity, in the year 2001 under the Plant Protection Act. This act also provides the way for new breeders for positioning various farmer’s groups. Through the above-discussed introduction, the researcher has covered various aspects of the farmers, through the theories mentioned in the various scientific contexts.   [3] under various scientific processes, plant breeding has also led to the greenhouse revolution.  Which has also led to important achievements and the fulfillment of resources under the scientific revolution. Here the science and its experiment have revolved around the agricultural industry such as like rice, wheat, pulses, etc. but also at the same time the due some changes under the IPR regime the life science has provided more certain sustainable changes with the significance of providing more amount of wheat and cereals.  Under certain adaption of the new technologies, the patents over the agro-industry have boosted up the model over the patent rights and its regime. Here the subject over the protection of an alternative variety of rights which has a limited scope of proprietors and the protection under IPR.  [4]It has defined the legal rights to work more creatively to initiate the rights of the holder and to exclude the commercial use of the creation by the third person. Also, here different types of typology for the several IPR regime was established under this project where the protection of goods and services produced by the Agro- sector. In some instances the design of the chips made up of potatoes can be functional concerning the agricultural sector.

Now under the patent of the goods protecting the parties gives the patentee rights to prevent further interference of the third party. However, under the patentable criteria, the usefulness and applicability will be followed by the process.  But the need to understand the importance of the IPR under both the micro and macro level is important to the analysis of the industrial level of firms.[5] Under the investment way, the scenario has an effort to produce the spread of the protection over the investment made. Also, the investment made under the influential behavior will either be privatized or be made public sector. And the regime can be illustrated by the decisions of the public sector. A new necessity for the monitoring dispute is undertaken by the technology will be emulsified. As the number of patents has already been under the implementation of the technologies where the varieties of traits and expression have initiated under the germination control. In India, it is getting more complicated under the trial process of biotechnology where the plant's genetic are been misguided for the benefit of the patent holders. Where it is broadly defined as a legal right over the creative ideas of the patent holders. Also, the legal rights have been authorized for the commercial creation for rewarding the necessary incentives. [6]It is also classified under two broad categories. Where it covers the trademarks and geographical indications. The paper also distinguishes between the relevancy of the agricultural sub-section of rights. Here the relevancy of the agricultural sector is used for the protection of the goods produced. And the patents are probably provided for the protection for the patentable biotechnology. Under this technology, the sector holds most of the advance and improvised productivity.

Also, in many of the countries, the plant breeders are conventional to bring out the breeding effort so that the sui generis protection gets weaker and the patent holder can prevent it from the third parties to enter. The criteria also provide the lower determination of the patentability where it can be distinguishing. But historically the developing countries have made some effort to develop the scientific method to take the patentability of the agro sector to the next level. And in some instances, the sector also provides a vast opportunity for the outsider to bring his ideas into the emerging world of technology. And the trade secrete provides the liberty of a patent holder to protect him from the hybrid verities of the plant. Even some of the countries that don’t even recognize these methods use a certain degree to protect them from third parties.[7] Some countries protect the data tested for marketing purposes by the company of the agro sector for the chemical use of the third parties.

Later in the multilateral administered the IPR over the WIPO for getting the bulk knowledge about the law. The relevancy of the convention by the IPR regime protects the industrial property as revised under the convention of the industrial property. Here the Paris Convention is established under certain agreed standards for the treatment of foreigners' rights. More importantly, the TRIPS agitate the patenting process for the microorganism for the production of plants and animals. [8]Considering the interpretation which initiates the patentability in an obvious applicable manner. Being for the first time under the trade secrete also provides the status beyond the provision for the competition explicitly under section 7. And the agreement over the protection of IPR can be tempered by the appropriate provision over the relating practices and the addition to the law provides the conventional diversity to important landmark judgments and cases, where the rights of the patentee were violated and concluded that the agreement made under the TRIPS will be diversified under the provision relating to IPR agriculture. In addition to the International IPR, the convention made under the fair and most equitable provision over the cooperates to ensure the IPR are supportive for the traditional use of genetic resources would remain the same. There the intention for the acceptance will implement the provision over the transfer of the natural bilateral contracts. Where it voluntarily concludes the fairness of the agreement. There are rewards accepted by the IPR and CIR’s for the indigenous work passed down usually over oral communication.

CONCLUSION & SUGGESTION

In this research the discussion will be led to the study of primary data consisting of the data’s which are taken from various stakeholders and the secondary data, analyzing the documents, research projects, and papers to show the various representation of the data produce by the Government of the state. Although the researcher will also show the collective data of limitation to the study about the stakeholders of the country. This project will outline the various options for implementing farmer rights within the territory of the Nation. Similarly, under the exercise of the stakeholder draft the legislation of the bio-technologies which have initiated by the department of the Industrial TRIPS agreement. [9]The classical relevancy over the patents for the rights of the farmers will indicate the secretes about the rule of the IPR regime. And also, the rights of the farmers are staged under the obligation of the TRIPS agreement including the product patentability that India has. Since the government has ensured the wants to encourage the investment made under the policies of the plant breeders. Also, the group of the CGIAR can play a role in the transfer of the document.

 Also, the legislature exercises the patents who patenting the invention made upon the transparent involvement of the stakeholders. Recently in one of the demands made vocally was introduced by the legislation for the geographical indication for such kind of scientific research. The CSIR has been making efforts to improve the awareness among the IPR literacy where the rules and procedures are converted under the terms and benefits of the country. While discussing under the legislation the IPR has necessarily placed the required enactment and will be seen in the mere future. And on this issue, the patent has to turn out to be the traditional knowledge which seems to be the document for all genetic plants where the species aimed to gap the biodiversity and the traditional knowledge.

 Author- Adarsh Kumar Tajan,

Symbiosis Law School, Hyderabad.

ENDNOTES

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[1] Patent Act,1970 that explicitly exclude agriculture from patentable

[2] Genecampaign.org’ the controversial new seed bill’

[3] Society for Research and Initiatives for Sustainable Technologies (SRISTI), meaning creation, was born in 1993

[4] Lesser, H.W. Gesa and Derek Byerlee, An issue paper: Possible future.Rolesfor IPR, assisting Borowers and members.

[5] Report,1996 of the committee on trade and environment ,document WT/CTE/W/40,7^th Nov 1996.

[6] Srinivas,K., power without accountability: draft on plant and rights of the breeders,March 26^th,1994.

[7] The author participated in the policy dialogue on access to biodiversity and benefit of Incentives.April 10-12,1998 Institute of Ahmedabad.

[8] Evidence of such confusion seen at ICRIER seminar,RAFI’s utility if Farmers.

[9] Economic Times on 24 February, 1998, 'Protect Breeders' Rights Else No New Roses: MNC