Question 9 of 17intermediate💡 UnderstandLong Answer5 marks

Explain the role of IPR in Biotechnology Enterprise.

Correct Answer

The proprietary aspect is the key feature of biotechnology in modern times. In the past, innovations in biotechnology came out only of publicly funded laboratories. However, in present times, biotech innovations are well protected within the legal framework of Intellectual Property Rights (IPR).

With the Trade Related Aspects of Intellectual Property Rights (TRIPS) Agreement of World Trade Organisation (WTO), the Intellectual Property Rights attained the authority to enforce the law internationally. This provides a strong legal mechanism for protecting biotechnological innovations.

The various aspects of IPR involved in biotechnology are Patent, Plant Breeder's Rights, Farmer's Variety Act, Trademark, Copyright and Trade-secrets. The Patents Act 1970 came into force on 20th April 1972, replacing the Indian Patents and Designs Act 1911.

Biopiracy is a major issue in efforts to commercialise biotechnological knowledge. When there is commercial exploitation of biochemicals or genetic materials which occur naturally, it is known as biopiracy. Notable cases include the Neem tree of India, the patent on wound healing properties of turmeric (later revoked), and patent on rice similar to Basmati in USA (also revoked later).

To curb biopiracy of traditional medicines, the Traditional Knowledge Digital Library (TKDL) has been set up as a pioneering initiative of India to prevent misappropriation of the country's traditional medicinal knowledge at International Patent Offices.

Exercise: EXERCISES | Q: 10 | (Page 18)
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Explanation

This answer covers all key aspects of IPR in biotechnology as mentioned in the textbook context. It addresses the shift from publicly funded innovations to legally protected ones, the international framework through TRIPS, the various forms of IPR protection available, the problem of biopiracy with specific examples, and the protective measures like TKDL. The answer is structured in 5 paragraphs with key terms highlighted in bold, meeting the 5-mark requirement.