An Examination of Patent Laws and Regulations on Genetically Modified Seeds

Ms. Ashi Gupta
DOI:

Abstract

This research paper critically examines the intricate landscape of patent laws and regulations governing genetically modified (GM) seeds, offering a comprehensive analysis of their legal, economic, ethical, and environmental dimensions. The study navigates the evolving legal frameworks in key jurisdictions, including the United States, the European Union, and India, highlighting commonalities and divergences in approaches to intellectual property protection for agricultural biotechnological innovations. It scrutinizes landmark judicial decisions that have shaped this legal terrain, revealing how courts balance proprietary interests of biotechnology corporations against broader public interest concerns, such as farmers’ rights and food security. Particular emphasis is placed on the Indian context, where the Protection of Plant Varieties and Farmers’ Rights Act, 2001 offers a unique alternative to conventional patent regimes, aiming to reconcile agricultural innovation with the safeguarding of farmers’ traditional rights to save, use, exchange, and sell farm-saved seeds. Ultimately, this paper aims to contribute to the global discourse on intellectual property rights in agriculture by synthesizing diverse perspectives and proposing pathways toward more equitable, transparent, and sustainable agricultural policies that foster innovation while prioritizing food security, protecting farmers’ rights, and preserving agricultural biodiversity for future generations.

Keywords

Genetically Modified Seeds, Patent Law, Intellectual Property Rights, Agricultural Innovation, Farmers’ Rights, Food Security, Environmental Ethics