INTELLECTUAL PROPERTY RIGHTS AND REGULATORY ISSUES RELATED TO BIOTECHNOLOGY OF TROPICAL SPECIES IN INDIA

Access to and transfer of genetic resources and technologies (including biotechnologies and traditional technologies of local and indigenous communities, recognition and reward of IPRs of traditional communities, and equitable sharing of benefits arising from sustainable use of the accessed resources and technologies are the key issues that are being debated and discussed at national and international forums. The Indian legislations (the Biological Diversity Act 2002, Plant Variety Protection and Farmers’ Rights Act – PVPFR 2001, Patent (Amendment) Act 2005) address these issues and suggest provisions to implement them under the framework of relevant international laws subject to national priorities. The Federal Department of Biotechnology, Govt. of India, has well defined recombinant DNA guidelines for Genetic Engineering Research and Commercialization. Further, to facilitate and regulate the commercialization of plant tissue culture, the Govt. of India has set up a National Facility for Virus Diagnosis and Quality Control of Tissue Culture Plants, at New Delhi with 5 satellite centers catering the needs of the tissue culture industries in various parts of the country. The Department of Biotechnology along with the Ministry of Agriculture also has criteria/guidelines for Assessment of Tissue Culture Units/Laboratories. Standard guidelines for certification of different tissue culture raised plants are being prepared. Guidelines for potato minituber have been finalized and the same for sugarcane, coffee, cardamom, vanilla and banana are under preparation.