Genome editing technologies (GET) have the potential to revolutionize biological research since they are precise, relatively affordable, and simple to apply. Also, new methods of gene editing like CRISPR-Cas9 allow scientists to add, remove, or change genetic material to add a positive characteristic or remove a detrimental one, which is regarded as safe since, in most situations, no foreign genes are utilized to change the plant genome. The author opines that the use of such GET is required for transgene-free better crop plants with features such as disease resistance, nutritional enhancement, tolerance to diverse abiotic stresses, and increased yield, for which the Government of India should approve genome editing sooner.

Although there are numerous concerns and debates about rising population rates, weather extremes, limited agricultural land availability, and rising abiotic and biotic stresses, all of which are significant constraints for food production and farming, the ability of gene-edited plants to address such key policy issues by developing pest-resistant or high-yield crops might hasten the adoption of GET. Further, India’s food security problems are much too serious to dismiss emerging technologies like gene editing, which might assist boost agricultural output, on principle.

Furthermore, gene-editing methods like CRISPR-Cas9 have opened up a new universe of possibilities for creating desirable variations in agricultural plants and microorganisms. Expansion of this technology will not only aid in the achievement of the Sustainable Development Goals (SDGs), but will also provide nutrition, greater yields, and environmental security. This might also be a crucial strategy for acquiring ‘suitably modified’ plants that would assist in the attainment of the zero hunger goal objective and the long-term feeding of the nation’s growing population. Even according to recent research by NAAS, the genome editing business is a billion-dollar sector, and there has to be a clear strategy in place to benefit economically from such advancements.

As some countries, notably Japan, the United States, and Australia, have exempted such new crop varieties developed using advanced gene editing methods from regulations since they do not include foreign genetic material. On the same line, India’s approach to gene-editing technology must strike a balance between our national objectives and the potential of reaping economic benefits by solving critical challenges. For this reason, regulatory agencies should be proactive in promoting and establishing clear regulatory frameworks for the advancement of modern plant breeding technologies through an inclusive regulatory approach and public awareness campaigns.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

A sound intellectual property system is one of the key drivers in a knowledge-based economy, as it offers some form of monopoly control to creators in order to incentivize them to create original pieces of work. As per copyright law, when an individual expresses his work in a tangible form and obtains a copyright, he has the sole authority to determine its access parameters. However, the Covid-19 crisis has resulted in a sudden shift from classroom education to virtual learning, which has caused quite a few problems in the intellectual property realm. One of them is the newfound friction between IP barriers in accessing copyrighted content and the need for a more flexible system to facilitate online education.  

The concept of ‘open access’ in the digital space, which work by supplementing existing IPR frameworks and allowing access to content that would otherwise be restricted, has evolved along those lines, and has gained significant traction during these times. But even though many leading publishers have revised their licenses and allowed users to circumvent their paywall-based restrictions to access educational material for free, the author believes that such a system is premature and impractical in its approach, for many reasons.

Firstly, such a measure can only be temporary. Developing and implementing open access policies is a very time and resource-intensive affair. Since people are working from home during the pandemic and organizations are trying to cut costs, it is not a permanent solution to accessing educational resources. Another problem with implementing such policies is that it becomes difficult to follow the circulation of such open materials online, making them very easy to reproduce and copy. This not only affects a copyright holder’s right to litigate, which demotivates and disincentivizes them but also does not guarantee subsequent knowledge creation.

Furthermore, improving public access and innovation requires access to digital technology, which exacerbates the wealth divide. Instead, wider availability of infrastructure for knowledge creation along with open access would serve the purpose better. The issue of legal jurisdiction is yet another barrier when it comes to a copyright holder’s right to litigate, as the licenses in different jurisdictions would depend on the IPR laws there. Altogether, this would disincentivize knowledge creation.  

In spite of being a novel concept, the open access model presents a number of glaring problems that cannot be overlooked. The author thinks that other avenues have to be explored and that changes must be made to create a fair and equitable literary system that allows everyone to access information easily.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

The Parliamentary Standing Committee on Commerce, under the chairmanship of Mr. V Vijayasai presented a report titled ‘Review of the Intellectual Property Rights Regime in India’ in the Rajya Sabha on 23^rd July 2021. The Report was based on the intellectual property landscape in the country, and highlighted that several changes had to be made to overcome the shortcomings in the existing IPR regime. The report also laid down a list of detailed recommendations for different types of intellectual property rights, and addressed the issue from a public interest perspective, by delving into the amendments to the existing IP legislations, the need to improve IP awareness, and the importance of active government involvement to further the goal of strengthening the IPR framework in India.

One of the key aspects that the report dealt with was the issue of counterfeiting and piracy. Counterfeiting can be defined as the fraudulent imitation of things to deceive others, whereas piracy occurs when an original work is illegally copied and marketed at cheaper rates. Both counterfeiting and piracy have been established as criminal offences under a number of Indian legislations, which work in conjunction with each other to combat the spread of such practices.

The report highlights that it is essential to spread awareness about the trends and challenges surrounding counterfeiting and piracy among law enforcement agencies as well as the public. They proposed to do this through a myriad of schemes ranging from training programmes, street plays, social media campaigns, developing IP toolkits for the police, as well as multi-party webinars. The report also stressed on the importance of capacity building and inter-departmental collaboration to facilitate law enforcement agencies in implementing IP laws more stringently and efficiently. Additionally, the report features a recommendation that a special legislation be formulated and a central coordination body on IP enforcement be established in order to restrain the growing menace of IP crimes in a coordinated manner. 

The report mentions that development of a method that could estimate the revenue losses that the Indian government incurs due to counterfeiting and piracy is needed. This would then act as a tool in analysing the adverse effects of such crimes on the Indian economy, and aid the government in implementing corrective measures accordingly. 

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

The Department Related Parliamentary Standing Committee on Commerce (“Committee”) presented a report titled “161st Report: Review of the Intellectual Property Rights Regime in India” (“Report”) in Rajya Sabha on 23rd July, 2021. The Committee, headed by Shri V. Vijayasai Reddy, reviewed various Intellectual Property related statutes, practices and regulations and recommended measures to improve the current landscape relating to IPR. It included a chapter on The Patent Act, 1970 (“Act”) detailing shortcomings and recommending changes.

The Report, delving into the history of the Act, recommends a slew of changes to make the patent granting process more transparent and objective. It suggests amends to the Section 3(b) of the Act, which currently provides no guidance to the Controller for denying of patents, so as to make it more concrete and provide against arbitrary exercise of power by the Controller in declining patents. Further, it recommends the allowing of patenting of discoveries of non-living substances, which currently are denied under Section 3(c) of the Act.

Going into the punitive aspects of the Act, it finds that Section 122(2) of the Act (which prescribes a punishment by way of imprisonment up to six months on intentionally falsifying information related to a patent) to be too stringent. Taking a step towards reducing litigation in the country, the Report recommends changes to the provision of jurisdiction under Section 104 to promote establishment of alternative dispute resolution mechanism for ensuring speedy justice to the aggrieved.

Further commenting on the much polarizing Section 3(d) of the Act, which prevents ‘evergreening’ of patents, the Report stands by the provision and acknowledges its role as a protector of public benefit. It was apprised that India being a sovereign nation has the right and power to decide the limitations on the protection provided by patents. In the spirit of keeping up with the fast-moving world, the Report suggests the Department to update and modernize its website and portals to improve simplicity and availability of information.

Driven by the recent scarcity of drugs against COVID-19, the Report recommends that the Government should delve into the prospect of temporarily wavering patent rights and issuing Compulsory Licenses to tackle the inadequacy. Ending the chapter on the Act, the Report finds that Form 27 is crucial element ensuring the adequate working of the patented invention for the benefit of the public and recommends easing the requirements under the provision by relaxing the form filling to a yearly basis to reduce compliance burden on R&D institutions and universities.

The Report can be found at:

https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/13/141/161_2021_7_15.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

The Department Related Parliamentary Standing Committee on Commerce, chaired by Shri V. Vijayasai Reddy, presented the 161^st Report on “Review of the Intellectual Property Rights Regime in India” (the “Report”) to both Houses of the Parliament on July 23, 2021. The Report aims to analyse the current intellectual property rights (“IPR”) regime in India and list ways to promote and protect different types of IPRs.

In relation to Traditional Knowledge and IPRs, the Report highlights the challenges faced by indigenous innovators at the grassroots level due to lack of statutory protection for inventions based on traditional knowledge. In addition to this, the stringent criteria for patentability in India, prohibiting the patenting of an invention that is effectively traditional knowledge or an aggregation of traditionally known components, also contributes to the non-patenting of useful inventions that improve upon existing traditional knowledge. The Report suggests that this patentability criteria, set forth in Section 3 (p) of the Patents Act, 1970, should be revised and made more inclusive of the incorporation of traditional knowledge elements in inventions.

The Report also notes that the registration of traditionally known products or processes linked to specific locations as Geographical Indications (“GI”), would help in the consolidation and protection of traditional knowledge.

With respect to India’s Traditional Knowledge Digital Library (“TKDL”), the Report mentions how structural issues and inefficiency in execution had left the TKDL inaccessible to Indians, leading to countries like the U.S. and China misappropriating traditional ayurvedic compositions from India. It is considered imperative for the government to strengthen the TKDL as a database, and implement a systematic mechanism of documentation and preservation of traditional knowledge in the country.

Furthermore, the Report states that there is insufficient understanding about converting IPR into monetary benefits in India. Therefore, it is urged that the government play a more active role in spreading awareness among tribal communities, forest dwellers, artisans and craftsmen, to claim IPR in traditional knowledge. It also encourages the government and the communities practising traditional knowledge to claim joint ownership of the IPRs arising out of such traditional knowledge, so as to limit their misappropriation and exploitation.

Concluding its observations, the Report highlights India’s role as a member of WIPO’s Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. In lieu of the same, it is recommended that India should engage with other WIPO member states to finally establish an internationally binding treaty for the protection of traditional knowledge.

The Report can be accessed here: 

https://rajyasabha.nic.in/rsnew/Committee_site/Committee_File/ReportFile/13/141/161_2021_7_15.pdf.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP