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Patents

Patents
In developing a transgenic plant or a genetically engineered micro­organism or for that matter any biotechnological innovation that can cure ailments of man or animal, plenty of money is spent in research and development of a particular product or innovation.

To protect these in­ventions (intellectual property), patents have to be obtained or granted so that the invention is not surreptitiously used by others for profit. Laws for patenting machinery, equipments, devices, new products and im­proved processes do exist in many countries including India but many countries have not seriously considered patenting live organisms, plant resources, varieties, genetically engineered microorganisms and other in­novations coming out of biotechnology or genetic engineering research.

In the U.S.A, genetically engineered microorganisms (GEOs) are being patented beginning with the classical oil eating microbe developed by the India born Anand Chakravarthy of the General Electric Company and the same is true of transgenic plants, many of which are still undergoing tests. India is beginning to wake up to the situation following the alleged piracy of haldi (Curcuma longa) and basmati name for new rice varieties developed by the U.S.A. companies. The necessity to extend our patent laws to biotechnological innovations is urgent since India is a signatory to the General Agreement on Tariffs and Trade (GATT) and the World Trade Organisation (WTO).

It has been stipulated that all signatory countries are required to enact national legislation to be effective from 2005 so as to grant intellectual property rights in biology including plant, animal and microbial innovations that are derived by altering genetically heritable characteristics. To accomplish this, we need training centres, man­power to handle applications and to screen the veracity of claims and above all legislative procedures that are quick to handle disputes.

Presently, microorganisms and those created artificially are patentable in several countries such as India, Austria, Brazil, Bulgaria, Denmark, Canada, Ger­many, Hungary, Israel, The Netherlands, Philippines, Spain, Sweden, Swit­zerland, Thailand and U.K. However, the discovery should be associated with an industrial, medical or farm application for it to be patented. In other words, the criteria of novelty, inventiveness and originality will nave to be satisfied for grant of a patent.

 

 

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