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Home >> Animal Biotechnology >> Intellectual Property Rights in Biotechnology >> Intellectual Property Rights Introduction

Introduction
The legal characterization and treatment of trade-related biotechnological processes and products are described as Intellectual Property. Its protection (Intellectual Property Protection, IPP) and the Rights (Intellectual Property Rights, IPR) available to protect this property has been the subject of discussion in recent years. The term property is often found associated with physical objects only, such as household goods or land, for which ownership and associated rights are guaranteed and protected by law prevalent in a country.

. This property is described as tangible. Intellectual property, on the other hand, is intangible and includes ‘patent’, trade secrets’, ‘copyrights’ and ‘trademarks’. The right to protect this property prohibits others form making, copying, using or selling the proprietary subject matter.

Under biotechnology, one of the most important examples of intellectual property is the processes and product, which result from the development of genetic engineering techniques through the use of restriction enzymes to create recombinant DNA.

Another examples of intellectual property is the development of crop varieties which are protected through ‘plant breeder’s rights’ (PBR). Through PBR, the plant breeder who developed a variety enjoys the exclusive right for marketing the variety, although use of the variety for further breeding or for replantation of seed saved by a farmer is permissible.

More recently, however, utility patents for genetic materials, both plants and animals, have been allowed in some countries, so that the patented material can neither be used for further breeding, nor will the farmers be allowed to save and use the seed for cultivation, without paying a fee to the patent holder.

Similarly, if patents on superior animal breeds are allowed, a dairy farmer will find that a calf born to his hybrid cow will belong the company, which sold him the animal.

There are also arguments against patenting life forms like transgenic animals and plants, because these patents will work as impediments in free exchange of genetic materials for improvement of crops and livestock. IPRs may also effect

(i) food security, (ii) use of evolved agricultural practices, (iii) biological diversity and ecological balance and (iv) the livelihood of the poor in developing countries.

 

 

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