The role of Intellectual Property Rights in Conservation, Utilization and Benefit sharing of Plant Genetic Resources

The role of intellectual property rights in conservation, utilization and benefit sharing of plant genetic resources

Authors

  • CHANDAN ROY Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210
  • PRERNA KUMARI Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210
  • WAHID UL- HASAN Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210
  • R D RANJAN Department of Crop Physiology and Biochemistry, Bihar Agricultural University, Sabour, Bhagalpur-813210

Abstract

India is one of the twelve mega biodiversity countries in the world with two hotspots at Himalayan Region and Western Ghat. North-eastern hilly region; Andaman and Nicobar islands are also carrying huge diversity for biological resources. Phytobiodiversity and species richness have been observed with the longitudinal decrease or increase in these regions. Urbanization and industrial growth followed by deforestation is always threatening the plant genetic resources (PGR) that led to many plant species to be extinct or endangered. Thus, protection of PGR, their sustainable utilization is crucial in the context of mitigating climatic changes and their access and benefit sharing. Protection of plant biodiversity specially varieties was first time considered in the establishment of Union for Protection of Plant Varieties in the year 1961. Later on, in 1992 the ‘Earth Summit’ protection of PGR and benefit sharing was considered with the establishment of the Convention of Biological Diversity (CBD). Plant varieties and their parts are not patentable subject matter butit was directed as per article 27.3(b) of World Trade Organization (WTO) that member countries have to protect the plant varieties through Patent or any other sui generis system. Establishment of Protection of Plant Varieties and Farmer’s Rights act (PPVFRA) in the year 2001 was kind of sui generis system adopted by Government of India. Presently, 150 crop species including food crops, horticultural crops, trees, and forest crop species are accessible for registration under this act for a period of maximum 15 or 18 years. Till now, 3439 plant varieties of different crops were registered under the PPVFR Act. Among which maximum varieties of 1796 were of rice from different states of India. However, most of the genetic resources available in the public domain are untouched that needs intensive work plan to provide protection to that valuable germplasm.

Keywords: Plant Genetic Resources, ABS, PPV&FR act, Germplasm conservation

Author Biographies

CHANDAN ROY, Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

PRERNA KUMARI, Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

WAHID UL- HASAN, Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

Department of Plant Breeding and Genetics, Bihar Agricultural University, Sabour, Bhagalpur-813210

R D RANJAN, Department of Crop Physiology and Biochemistry, Bihar Agricultural University, Sabour, Bhagalpur-813210

Department of Crop Physiology and Biochemistry, Bihar Agricultural University, Sabour, Bhagalpur-813210

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Published

2019-07-09