Intellectual Property Law in Biotechnology

Intellectual property law has gain importance in today’s world. The current scenario is such that Business of any type needs Intellectual Property Law in their establishment as well as for the invention, to protect themselves and their invention in the competitive world. In this article, I will be giving a glimpse of what is generally an Intellectual Property law and its role in Biotechnology and which parts of Intellectual Property Law plays a key role in this industry. Also, the concept of Biotechnology and its uses.

Introduction

The Intellectual Property Law has brought a revolution in the current scenario. It encourages people to create and invent as it gives protection to their invention from exploitation and misuse within the country, as well as in the whole world. The use, production or distribution of invention depends upon the choice of Inventor as prior use of the invention the person has to take his consent and if not done so the person may file a civil or criminal suit against that person. This ultimate right is given to the Inventors also helps them to earn some monetary benefits from their invention and to bring a good cause in society. This part of the law is very vast which covers all the aspects which are required for setting up the company and protecting the inventions.

Through Biotechnology is likewise different which is the investigation of biology “biotechnology saddles cell and biomolecular processes to create innovations and items that help improve our lives and the strength of our planet. Where the natural procedures of microorganisms of over 6,000 years are utilized to make helpful food items, for example, bread and cheddar, and to protect dairy items.”[1] Which contributes in many fields such as agriculture, human bodies and various other fields. There is a lot of inventions which takes place and for preventing those inventions to be exploited there the intellectual property law plays an important role in it as it protects those inventions and generally the inventions are done by the employees of a particular company wherein establishment also various Intellectual property law plays a role such as trademark, trade design, trade secret, patent and copyright are included.

Intellectual Property Right

The intellectual property law is not a new law in the current scenario it has existed since ages in India craftsman used to mark on their initials on their work which was later spread in the whole world and the craftsman also started putting their initials on articles was later became famous and was copied. The basic ideology of bringing this law was to encourage people in the field of invention and protect their invention for being exploited and to maintain the balance between the invention and benefits which the society gets from those inventions. the rights given to the inventor allows them to gain some economic benefit from their investment. The various type of Intellectual Property Rights which play an important role in the Biotechnology are as follows:

  • Trademark
  • Copyright
  • Patent
  • Trade Design
  • Trade Secrets

What Are Intellectual Property Rights (Biotechnology)?

Biotechnology intellectual property rights give the legal ownership to the owner on the form of a patent, trademark, or trade secret. Which implies that any other company is not legally sanctioned to use those products or invent without taking the prior permission of the company which is the legal as well as the official owner of that asset. In health care business, intellectual property rights give their owners legal right to use the pharmaceuticals, brand names and more. Intellectual property rights are often the primary driver of value for these companies, particularly in biotech.[2]

Role of Government in the Biotechnology Sector

The advancement methodology of the law-making body and the Vision Statement on Biotechnology has been given by DBT to give a framework and give indispensable making a beeline for different divisions to enliven the pace of progress of biotechnology in creating nations. This plan further means to chalk out the method of progress in divisions, for instance, cultivating and sustenance biotechnology, current biotechnology, helpful and therapeutic medication, definite biotechnology, bio-building, nanotechnology, clinical biotechnology, condition and intellectual property and, patent law, copyright law, trademark law, structure law and so forth. [3]

The national science and innovation strategy of the administration and the Vision Statement on Biotechnology has been given by the Department of Biotechnology (DBT) to give a structure and provide vital guidance to various parts to quicken the pace of advancement of biotechnology in India. This arrangement further plans to chalk out the way of progress in areas, for example, agriculture and food biotechnology, industrial biotechnology, therapeutic and medical biotechnology, regenerative and genomic medicine, diagnostic biotechnology, bio-engineering, nanotechnology, bioinformatics and IT-enabled biotechnology, clinical biotechnology, environment and intellectual property and patent law.[4]

Meaning of The Biotechnology

The control (as through hereditary engineering) of living beings or their parts to deliver helpful normally business items, (for example, bug safe yields, new bacterial strains, or novel pharmaceuticals)[5]

Types of biotechnology[6]

The science of biotechnology can be broken down into sub-disciplines based on common uses and applications.

Red Biotechnology includes medical processes, for example, getting living beings to deliver new medications and utilizing foundational microorganisms to recover harmed human tissues or maybe re-develop whole organs.

White (or now and again observed as Gray) Biotechnology includes industrial processes, for example, the creation of new synthetic concoctions or the advancement of new powers for vehicles.

Green Biotechnology applies to horticultural processes, for example, creating irritation safe yields, illness safe creatures and environmentally well-disposed turn of events.

Gold Biotechnology is a combination of biological processes and figuring that assumes a key job in biological information.

Blue Biotechnology incorporates processes in marine and sea-going environments, for example, controlling the expansion of toxic water-borne creatures.

Yellow Biotechnology alludes to processes that guide food creation, the most mainstream application being the maturation of liquor or cheddar.

Violet Biotechnology handles the consistence, law and moral issues that emerge inside the field.

Dark Biotechnology references the capacity to utilize biotechnology for weapons or fighting.

Uses of the Biotechnology

The uses are as follows:

  • Ageing to Produce Foods
  • Modern Fermentation
  • Nourishment Preservation
  • Isolates

Biotechnology Companies in India

 India is the home to over 300 biotech companies with a total bioscience investment of more than $500 million. But then also this is a very small share in the global biotech market, the promise of the growth of the industry in India is significant. The most important companies which play an important role in the Indian biotechnology Industry include Biocon, Serum Institute of India, Panacea Biotech, Nicholas Piramal, GlaxoSmithKline, Abbott, Ranbaxy etc. The active participation and engagement of Indian based biotech companies have come into light through their various efforts and the revenue generated by them in the financial year.

 ABLE, the association of Biotechnology Led Enterprises, for example, is a forum of leading Indian biotechnology companies to generate a symbiotic interface between the industry, the government, academic and research bodies, and domestic and international investors.[7]

Patenting Biotechnology Inventions in India

The Indian Patent Office considers biotechnological creations to be identified with living elements of characteristic source, for example, creatures, people including parts thereof, living substances of the counterfeit starting point, for example, miniaturized scale life forms, immunizations, transgenic creatures and plants, biological materials, for example, DNA, plasmids, qualities, vector, tissues, cells, replicons, processes identifying with living elements, processes identifying with biological material, techniques for treatment of human or creature body, biological processes or basic biological processes. The accompanying biotechnological innovations are not considered as patentable under Section 3 of the Indian Patent (Amendment) Act 2005.[8]

Living substances of characteristic inception, for example, creatures, plants, in entire or any parts thereof, plant assortments, seeds, species, qualities and miniaturized scale life forms. Any process of manufacture or creation identifying with such living elements Any technique for treatment, for example, restorative, careful, therapeutics, prophylactic diagnostic and therapeutic, of people or creatures or other medicines of comparative nature.

Any living substance of counterfeit sources, for example, transgenic creatures and plants, or any part thereof. Biological materials, for example, organs, tissues, cells, infections and all the process of setting them up. Biological processes for the creation of plants and creatures, for example, the technique for intersection or reproducing.

Plant Breeder’s Rights

Plant breeder’s rights (PBRs) are the rights used to protect the new varieties of plants by giving exclusive commercial rights for about 20 -25 years to the maker or inventor of the variety to market a new variety or its reproductive material. The variety to gains the right only when it is novel, distinct, uniform, and stable. This right given to the owner authorizes only him to grow the plant and prevents others from growing or selling the variety without the owner’s permission. Exceptions can be there or made, however, both inventors and for the use of seed saved by the farmer for replanting.[9]

Patents

 A patent is an exclusive right given to an inventor to stop everyone except him from making, using, selling, or offering to sell the invention in the country that has given the patent right, and can also import it into that country. In agricultural biotechnology, patents may sometime cover, for example, plant transformation methods, vectors, genes, etc. in the countries that allow patenting of higher life forms, transgenic plants, or animals.[10]

Patents are the most crucial form of protection for agricultural biotechnology and considered to be the most powerful among the other Intellectual Property Right system. Patents are the temporary rights, which are generally given for 20 years, also varies from country to country.[11]

Biotechnology Without IPR

The biotechnology without IPR would create a situation where there will no rules and guidelines regarding inventions and the inventions as well as inventors will also be exploited. There would exit no remedy whether it be civil or criminal in breach of any of the IPR law which generally exist. The inventions would be open to all, the situation where the inventor will be having no right over his invention and cannot even generate revenue from his invention.

The situation where there will be no enthusiasm for invention as it will be accessible to everyone. Which generally is not there in the presence of the IPR. The competition between the industries will decrease as now they have no law implied on them which could stop them from copying the invention and that to no permission would be required from manufacturing the invention.

There would be a lot of confusion between the consumers also as the two companies can have an identical name and logo as there would be no trademark law in existence. The consumers would not know from which company they need to buy the product. Which leads to misguided consumers and also cheating them as selling your article in the name of the known company.

Conclusion

Taking everything into account, India has cruised through the excursion from a condition of an absolute absence of IP attention to the current situation with the proactive quest for IP in outskirts regions of innovation. Having released India’s IT potential in the ongoing past, the opportunity has now come to bridle the colossal qualities and energies of the nations in the Biotechnology Sector. Besides, IPs produced by the open part can be viewed as resources that can be traded for private area possessed IPs or utilized as negotiating concessions in innovation move arrangements. Association between the private and open divisions in innovation advancement through sharing of skill and IP can hurry innovation move and obtain on the two sides.

Frequently Asked Questions

Q.1. Which part of Intellectual Property Law is involved with Biotechnology?

Patent is the most important part of Intellectual Property Law is involved with Biotechnology as it protects the new inventions for a specific period of time and this time frame is different in various countries according to the guideline of World Intellectual Property Organization.

Q.2. Role of IPR in Biotechnology?

The role of IPR is very vast it is used from initial stage to the last stage. Here Initial stage is protecting the invention from exploitation and the last stage could de generating income from the invention by giving the distribution, manufacturing, and other rights.

Q.3. The Situation if IPR would not apply to Biotechnology?

If IPR will not be there, then the inventions can be used by anyone without taking the permission of the original owner. No rules and guidelines will be there for the protection of inventions and companies’ trademark and trade design. Trade secrets would also be no more a secret.

Q.4. What is Biotechnology?

It is the technology used for living organism which is mainly used in agriculture, food science, and medicine. living life forms are utilized to make synthetic substances and items or to play out an industrial work.

Q.5. What are Plant Breeders’ Rights?

It is also known as plant variety rights. They are the rights given to the breeder for the new plant variety that gives absolute control over the plant from seeding to harvesting.

References

[1] https://www.bio.org/what-biotechnology

[2] https://www.investopedia.com/terms/i/intellectual-property-rights-biotechnology.asp

[3] https://blog.ipleaders.in/ipr-biotechnology/#Governments_Role_in_Biotechnology

[4] HS Chawla, Patenting of Biological Material and Biotechnology, 44-51 (Journal of Intellectual Property Rights 2005)

[5] https://www.merriam-webster.com/dictionary/biotechnology

[6] https://whatis.techtarget.com/definition/biotechnology

[7] Krattiger, A.F. 2002. “Public-private partnerships for efficient proprietary biotech management and transfer and increased private sector investments. A briefings paper with six proposals commissioned by UNIDO.” IP Strategy Today No. 4-2002.

[8] Cohen, JI and Paarlberg, R. 2002. Explaining restricted approval and availability of GM crops in developing countries. Agbiotechnet 2002.

[9] .Binenbaum, E., Nottenburg, C., Pardey, P.G., Wright, B.D., and Zambrano, P. 2000. South-North Trade, Intellectual Property Jurisdictions, and Freedom to Operate in Agricultural Research on Staple Crops. International Food Policy Research Institute, Washington D.C.

[10] Cohen, JI and Paarlberg, R. 2002. Explaining restricted approval and availability of GM crops in developing countries. Agbiotechnet 2002.

[11] Kowalski, S.P., Ebora, R.V., Kryder, R.D, and Potter, R.H. 2002. “Transgenic crops, biotechnology and ownership rights: What scientists need to know.” The Plant Journal 31(4): 407-421


[1] https://www.bio.org/what-biotechnology

[2] https://www.investopedia.com/terms/i/intellectual-property-rights-biotechnology.asp

[3] https://blog.ipleaders.in/ipr-biotechnology/#Governments_Role_in_Biotechnology

[4] HS Chawla, Patenting of Biological Material and Biotechnology, 44-51 (Journal of Intellectual Property Rights 2005)

[5] https://www.merriam-webster.com/dictionary/biotechnology

[6] https://whatis.techtarget.com/definition/biotechnology

[7] Krattiger, A.F. 2002. “Public-private partnerships for efficient proprietary biotech management and transfer and increased private sector investments. A briefings paper with six proposals commissioned by UNIDO.” IP Strategy Today No. 4-2002.

[8] Cohen, JI and Paarlberg, R. 2002. Explaining restricted approval and availability of GM crops in developing countries. Agbiotechnet 2002.

[9] . Binenbaum, E., Nottenburg, C., Pardey, P.G., Wright, B.D., and Zambrano, P. 2000. South-North Trade, Intellectual Property Jurisdictions, and Freedom to Operate in Agricultural Research on Staple Crops. International Food Policy Research Institute, Washington D.C.

[10] Cohen, JI and Paarlberg, R. 2002. Explaining restricted approval and availability of GM crops in developing countries. Agbiotechnet 2002.

[11] Kowalski, S.P., Ebora, R.V., Kryder, R.D, and Potter, R.H. 2002. “Transgenic crops, biotechnology and ownership rights: What scientists need to know.” The Plant Journal 31(4): 407-421

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