Sunday, September 02, 2012

Corporate Breeder's and Farmer's right in India with respect to PPVFR Act, 2001

Corporate Breeder's and Farmer's right in India with respect to PPVFR Act, 2001

Although Paris Convention of 1883 which is the first multilateral agreement for harmonizing IP Laws extended protection to Industrial property, the succeeding 50 years witnessed various attempts by different countries in Europe to extent IP protection to the agricultural field. The first attempt to recognize the Intellectual Property Right of a plant breeder was the enactment of the Plant Patent Act by USA in 1930 and it aims at protecting asexually propagated plants by patents. As time passed, the European Patent Convention adopted these exceptions in its Article 53 and the same language was reproduced in the TRIPS Agreement, 1995 in Article 27.3(b). Although by 1970s it was settled in developed nations that IP protection will be extended to agriculture, the developing countries agreed to it only by 1995 with the adoption of TRIPS Agreement.
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