ABSTRACT
Agriculture is an area where IPR had not been concentrated for a long time. With government taking a step back from promoting agriculture, companies took over the regime of seed production and creating new plant variants and producing high quality seeds and claiming rights over it leaving the poor farmers to fend for themselves and to be at the mercy of these corporate giants. To protect the farmers and develop sustainable growing and to promote local economy legislations were enacted in IPR.
KEYWORDS: AGRICULTURE, GEOGRAPHICAL INDICATION, PROTECTION
INTRODUCTION
In every field of labor, innovation ought to be protected. Agriculture is likewise given protection in respect to new varieties of plant and other innovations in farming. Things like geographical indication and plant varieties are found to be very important in the field of agriculture. With the vast majority of people in India engaged in agriculture, IPR has to be used even more in this present era engaging the common man also in this field by helping them to know their rights and obligations in relation to it.
INTELLECTUAL PROPERTY RIGHTS
The rights in regards to the creation of human intellect is called as intellectual property rights. These rights are created to prohibit unauthorized use of these innovations by third parties. It also ensures that adequate credit and profit is being received by its true owner, thereby promoting new innovations and ideas which helps ease the human beings. It encourages scientific innovations in a society by giving the adequate credits to its maker. There are several kinds of IPR such as GI, Patent, Trademark, Copyright, Traditional knowledge etc.
CHALLENGES
There are many problems when we look at the IPR section in terms of agriculture as the farmers do not have the knowledge about the new and modern technologies as well as the high costs around the high yielding varieties of seeds discourage farmers from using it and cross pollination of the seeds might result in impure seeds that affects the quality of the seeds used which harms the people consuming it.
NEED FOR IPR
Agriculture is now seen as a developed area where investment is made and secured with many countries making global trade and exchange treaties with each other based on it. Geographical indication is when a particular variant of plant or produce is given acknowledgement such as a type of wheat, rice, sweet or tea as to growing in a particular place so that it results in the boosting of the local produce and we can know its origin. This means can be used to encourage the boosting of the local economy by increasing the purchase of those products that are originating from there.
MERITS AND DEMERITS
There are many challenges that are faced by the people in agriculture be it farmers or industrialists. All of them have problems that are unique to their own and to look into it we see it as follows-
MERITS
IPR in agriculture can significantly improve the food quality as it has the best seeds and are produced in laboratories by scintists who are often funded by the government of that country with a view to increase the production of that product in agriculture or to develop the country in general. It is also funded by private companies that are profit oriented to develop High yielding varieties of seeds that bears much fruits and can be used in the mass production in the field of agriculture. It also helps in the trade as having a famous product invites brands and companies from developed countries to purchase from poor countries leading to growth and development of the economy of that country thereby making the country prosperous. It also helps the farmers who invent it by bringing them great deals from private firms and individuals that motivate them mentally and financially to invent more novel products in the field of agriculture by providing a scope for agriculture.
DEMERITS
The disadvantages include it being partial to big multinational companies in the use of technology and innovation as it might not be accessible to the poor farmers or individuals who are involved in marginalised farming and their innovation might often not be recognized due to lack of awareness about the profit accessibility and product marketing. It also raises concerns about the genetically modified foods which could impact the health and environment around us leading to health problems. The small farmers also do not have the same access to the technology that is accessible to the big firms and companies therefore creating inequalities in the midst of the people.
LEGAL PROVISIONS
PROTECTION OF PLANT VARIETIES AND FARMERS’ RIGHTS ACT 2001
A farmer who has developed any type of plant or seed variant gets the exclusive right to import, export, distribute, sell and produce it.
BIOLOGICAL DIVERSITY ACT 2002
This Act it is enacted to preserve the local biodiversity and ecosystem and to safeguard the endangered species of organisms.
GI OF GOODS ACT 1999
The commercial benefit for a product is only given when it becomes associated with the name of a place such as Darjeeling Tea.
LANDMARK JUDGMENTS
BASMATI RICE CASE 2001
The Indian courts held that Basmati rice are from the Himalayan valleys and thus have Geographical Indication and are not from the US.
CONCLUSION
The IPR sector is currently developing in the area of agriculture and as 60% of the population in India are engaged in agriculture, they must be educated in regards to their rights in the new varieties of seeds and plants. As the cost of HYV seeds are high the government must invest more in the agricultural sector in order to develop this area and bring about technological adaptations to suit the need.
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WRITTEN BY: ADINA EVANGELINE G
