ABSTRACT
Today it is the age of innovations and technologies where intellectual property has an unavoidable role along with it subsequent issues relating to it is also their .Management and proper implementation of intellectual property law is also important .IPR is expanded to all fields now .Role of IPR in agriculture is also an unavoidable matter. IPR in agriculture sector safeguard goods and services in agriculture sector. The IPR are of patents, plant breeders right, trade mark, geographical indications, trade secrets, know-how forms. IP means a property that was created using a person’s mental or creative work. Property is two kinds: tangible and intangible intellectual property belongs to the category of intangible, so just like property law protects physical property, intellectual property also needs to be protected.
IPR in agriculture field, protect agriculture sector, encourage and promote innovations and researches and expands international business and prevent others from unethical uses intellectual properties
This article covers matters like the importance of IPR in the agriculture sector, conventions, rules and legislations regarding IPR and agriculture and then protection of farmers and breeders rights.
Key words:
Agriculture, Intellectual Property Right, Farmers, Breeders , WTO, WIPO, UPOV
INTRODUCTION
Agriculture can be simply says as the act of growing or cultivating crops or raising animals the person who does it is called as farmer or cultivator.From ancient time to till now they play a pivotal role in the economy. Agriculture has a crucial role in life. It is the source of food and fodder not only it is the key contributor to the economy. It is the backbone country . Indian economy is agro economy . Agriculture field have changed a lot in the 21st century. Development in science and technology the influence like biotechnology, tissue culture, hybridization this all technologies and inventions change the traditional agriculture concepts. The need of IPR comes at this time. Agriculture was not earlier connected with IPR, but the changes and innovation that in the last two decades lead to introduction of IPR to agriculture field. Salmond says, the unnatural product of a man’s brain may be as valuable as his hands or his goods. The law, therefore, give him a proprietary right in it[1]. Intellectual capacity is one quality that distinguishes human beings from others , this creation of mind intellectual property needs to be protected. IPR in the agriculture sector covers matters like protection of rights of plant breeders, researchers and farmers who develop new varieties of plants and seeds etc.
At the international level and national level, The International Union of Protection of New Varieties of Plants (UPOV)1961, The WTO-TRIPS and comes to Indian law The Protection of Plant varieties and Farmers Rights Act, 2001. This legislation has a crucial role in the modern agriculture field.
[1] Salmond;Jurisprudence ,p.422