Int.J.Curr.Microbiol.App.Sci (2020) 9(7): 140-146

International Journal of Current Microbiology and Applied Sciences ISSN: 2319-7706 Volume 9 Number 7 (2020) Journal homepage: http://www.ijcmas.com

Review Article https://doi.org/10.20546/ijcmas.2020.907.016

The Implications of Intellectual Rights in Protecting Animal Genetics Resources and Biodiversity: A Review

R. Selvam*

Department of Animal Genetics and Breeding, Veterinary College and Research Institute, Tirunelveli - 627 358, Tamil Nadu, India Tamil Nadu Veterinary and AnimalSciences University

*Corresponding author

ABSTRACT

The objective of this review is to summarize the importance of various forms of rights, impacts of PBR, CBD, TRIPS and Biological Diversity Act K e yw or ds 2002 and futur e prospects in protecting the native livestock breeds and associated traditional knowledge for conservation and their sustainable use in the modern IPR system. Intellectual Property Intellectual Property Rights is an exclusive right over the creations of the mind. Rights, Patent, Intellectual property includes patents, trademarks, industrial designs and geographical Biological Diversity indications and copyright. IPR rewards the creativity and it encourages economic growth. Act, traditional knowledge, sui PBR is a sui generis system for protecting plants. India is signatory to CBD and TRIPS generis system Agreement, it is obligatory for India to develop suitable legislation to protect and improve livestock genetic resources and associated traditional knowledge. As a member to the UN Article Info Convention on Biological Diversity, India formulated the Biological Diversity Act, 2002. The effects of IPRs on animal genetic resources and biodiversity diversity are rarely been Accepted: evaluated, but there is an imperative need for this analysis. Protection of native livestock 05 June 2020 Available Online: breeds and associated traditional knowledge through appropriate sui generis system is essential for conservation and their sustainable use in the modern IPR system. The 10 July 2020 internationally accepted legal system is must be developed in relation to the use of livestock biodiversity.

Introduction designs and geographical indications (WIPO, 1970). Intellectual Property Rights (IPR) is an Intellectual property (IP) refers to creations of exclusive right over the creations of the mind. the mind which includes inventions, literary Intellectual property includes patents, and artistic works, and symbols, names, trademarks, industrial designs and images, and designs used in commerce. geographical indications and copyright Intellectual property is divided into two (Groombridge, 1992). The IP rights are categories such as Industrial Property includes outlined in Article 27 of the Universal patents for inventions, trademarks, industrial Declaration of Human Rights, which provides

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for the right to benefit from the protection of creativity and invention can flourish, for moral and material interests follow-on from the benefit of all. authorship of scientific, literary or artistic productions. The treaties administered by the IPR enhances the value and profitability of a World Intellectual Property Organization such business. It signifies a certain standard, as Paris Convention for the Protection of method or competitive edge and lays the Industrial Property (1883) and the Berne groundwork for maximizing on the Convention for the Protection of Literary and commercial results of its (Sharma, Artistic Works (1886) distinguished the 2014). importance of intellectual property (WIPO, 1970). The objective of this review is to Patent summarize the importance of various forms of intellectual property rights, impacts of Plant Patent is exclusive right given to the inventor Breeders’ Rights, CBD, TRIPS and for his invention, it represents a legal Biological Diversity Act 2002 and future monopoly granted by the respective country's prospects in protecting the native livestock government to an inventor (specific to a breeds and associated traditional knowledge geographic region. Patent protection means for conservation and their sustainable use in that the invention cannot be commercially the modern IPR system. made, used, distributed or sold without the patent owner's consent. These patent rights The reasons for promote and protect are usually enforced in a court, which, in most intellectual property are systems, holds the authority to stop patent infringement. Conversely, a court can also IPR give creators exclusive rights to their declare a patent invalid upon a successful creations, thereby providing an challenge by a third party. A patent owner has incentive for the author or inventor to the right to decide who may - or may not - use develop and share the information rather the patented invention for the period in which than keep it secret. the invention is protected. The patent owner The legal protection of new creations may give permission to, or license, other encourages the commitment of parties to use the invention on mutually additional resources for further agreed terms. The owner may also sell the innovation. right to the invention to someone else, who The promotion and protection of intellectual will then become the new owner of the patent. property encourages economic growth, Once a patent expires, the protection ends, creates new jobs and industries, and and an invention enters the public domain, enhances the quality and enjoyment of that is, the owner no longer holds exclusive life. rights to the invention, which becomes An efficient intellectual property system can available to commercial exploitation by help all countries to realize intellectual others. property’s potential as a catalyst for economic development and social and Patents provide incentives to individuals by cultural well-being. offering them recognition for their creativity The intellectual property system helps strike and material reward for their marketable a balance between the interests of inventions. These incentives encourage innovators and the public interest, innovation, which assures that the quality of providing an environment in which human life is continuously enhanced. Patents must meet certain criteria which include non- 141

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obviousness or the inventive step which 10. Discoveries of scientific principles requires that there be a real invention and not and thermos a simple result from some obvious extension 11. Inventions related to obscenity (any of existing technology. Novelty, which refers statement or act which strongly to something created that is new and utility or offends the prevalent morality of the usefulness of the invention. Patents may be time) related to a process, a product produced by a 12. A method of agriculture and process. In animal sciences, patent can be horticulture granted for a product (gene sequence, protein), process and research tool (receptors The patentable inventions or antibodies, apparatus (PCR machine). Technologies in animal breeding that qualify 1. Genetically modified microorganisms for IP protection include statistical methods, 2. Nucleotide sequences and Amino acid DNA markers, methods to measure traits, sequences methods to identify animals and computer 3. Methods of extraction of bioactive software (Ramesha et al., 2010, Matthew compounds from plant or animal Rimmer, 2008). Diamond vs. Chakrabarty kingdoms. law case open the ways for patenting of 4. Methods of making the disease higher forms of life. First animal patent is for resistant, drought resistant plant “Onco mouse” by Harvard University (1984). varieties (Lessor, 2002 and Rothschild, 2002). In India, 5. Processes of making the genetically Patents are granted for products or processes modified plants with desirable that are novel, useful, and in respect of which characters. an inventive step can be demonstrated. 6. Herbal extracts and methods of obtaining them The following are considered as non- 7. Cultures and methods of culturing and patentable inventions Nutrition mediums etc.,

1. Plant variety Copyrights 2. Animal species 3. Any part of a plant or an animal Copyrights are another form of IP which is [including seeds] used to protect IP that includes articles, 4. Essential biological processes books, softwares and also music. In general, 5. Traditional knowledge component or a copyrights involve limited formal procedures. group of components In many cases the creative work can be 6. Methods of treatment of animals either copyrighted by simply adding the symbol, but to increase their value or to increase registering the mark provides formal legal the value of the derivable products of protection. that animal 7. Methods of treating the animals to Trademark make them disease resistant etc., 8. Bioinformatics Trademarks are used to protect the 9. Any inventions which may be identifications of source of the owners' goods, frivolous, against to the established products or services and it can be informal natural laws, affecting the plant or (simply using TM) or formally registered (®). animal life or the environment Trademarks applied to specific products that

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are required to be from a certain origin and Organization. India is signatory to both CBD have a specific level of quality (Lesser, 2002). and TRIPs. Hence there is a need to assess the issues at hand with a global perspective and For example a specific pork product from also narrate and evaluate the options for the Berkshire is protected by the trademark typical livestock production situation existing "Berkshire Gold™'' and PICmarqTM in the country (Bhat, 2009). India also suggestive of gene marker which used in approved the Global Plan of Action on selection of pigs by PIC organization. (Nebel Animal Genetic Resources. et al., 2002). Therefore, it is obligatory for India to develop Trade secret suitable legislation to protect and improve livestock genetic resources and associated A trade secret represents IP that is not traditional knowledge. As a member to the revealed by the owner and therefore confers UN Convention on Biological Diversity, India some competitive advantage. Trade secrets formulated the Biological Diversity Act, 2002 have no time limits. For examples the specific which provides that the authority to determine information to make specialized synthetic access to genetic resources. IPR issues related lines or specialized selection programs, to biodiversity protection and conservation in indexes and seed stock are protected under India are currently managed under the Trade secret. Biodiversity Act, 2002.

Plant breeders’ rights (PBR) The conservation of biological diversity, continues use of its components and equitable PBR is a special system for protecting plants. sharing of the benefits arising out of the use In most countries, PBR are administered by of biological resources and knowledge are the an office of the agriculture department, rather main objectives of the Biological Diversity than by a separate patent office. Since it is Act 2002. Under TRIPS, provision is made exclusive for plants it is a form of sui generis for plant variety protection under patents or a or special-purpose system administered by the sui generis system, or a combination of both UPOV (the French acronym for the but there is no similar system for animals. International Convention for the Protection of Under TRIPS neither prior informed consent New Varieties of Plants) established on 1961. nor protection of TK is mandated. TRIPS also PBRs replace utility, non-obviousness and do not offer sufficient recourse for balancing novelty for patent systems with uniformity, the rights of the owners of AnGR (Ramesha, stability, distinctness and novelty (FAO, 2011). 2005). Livestock keepers’ have the risk of losing CBD, TRIPS and biological diversity act their intellectual property rights, while 2002 biotechnology firms require a legal framework to operate. Thus, there is an urgent At the international level, the two major need for internationally recognized legally agreements governing access and rights over binding instrument which gives right to genetic resources are Convention on livestock keepers including rights over Biological Diversity (CBD) of United Nations associated indigenous traditional knowledge and Trade Related Aspects of Intellectual (Damodaran, 2008). Property (TRIPs) Agreement of World Trade

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Bioprospecting and biopiracy protection for a breed/ variety. The major problem lies in identifying characteristics that is the exploration, extraction could be used as a standard description of the and screening of biodiversity and traditional subject matter. Breed associations and herd knowledge for commercially valuable genetic book registration will help in breed and biochemical resources. Frequently, the conservation and intellectual property term bioprospecting refers to the use of protection (Verrier, 2005). A sui generis traditional knowledge in finding leads for system linked to special geographical related pharmaceutical research. Biopiracy is thieving characteristics of the animals or their products of knowledge from traditional and indigenous aimed at preventing misappropriation of population or persons. An example for AnGR and associated knowledge held by Biopiracy is the unique genetic quality of high livestock keepers needs to be developed. milk fat content ranging from 6.02 to 7.86 per Livestock keepers’ rights could include cent of Indian dwarf cattle breed 'Vechur'. production and grazing rights as well as Roslin Institute and the PPL Therapeutics protection of traditional knowledge. (Scotland) Ltd have 14 patent applications at the European Patent Office and one of these Need for an international treaty on animal (EP 0765390) for the gene construct of bovine genetic resources alpha-lactalbumin. So there is an immediate need for biodiversity rich countries like India In the modern biotechnology era, there is topromote bioprospecting and to prevent danger of animal genetic material from biopiracy (Ramesha et al., 2008). biodiversity rich countries being exploited by others, including large international Need for a sui generis system for animal companies. The development of a legal genetic resources binding 'International Framework on Animal Genetic Resources' is therefore, a matter of In spite of significant contribution of animals urgency (http://dad.fao.org) on Animal to the food security and nutrition, laws and Genetic Resources held at Switzerland policies including intellectual property delegates from 109 countries including India protection on genetic resources at the national adopted a Global Plan of Action for Animal as well as international level so far has Genetic Resources, the first internationally focused only at . There agreed framework to halt the erosion of is a need for legally binding internationally livestock diversity and support the sustainable accepted system for access and sharing of use, development and conservation of animal benefits from the use of AnGR and associated genetic resources." In future, IP protection is traditional knowledge. likely to influence pricing and international trade of livestock products in a significant There is a need for recognition of community way. Livestock keepers’ have the risk of rights over knowledge and biodiversity. losing their intellectual property rights, while Considering the special characteristics of biotechnology firms require a legal AnGR it is essential to develop a suitable sui framework to operate. Thus, there is an urgent generi system for AnGR for protection of need for internationally recognized legally intellectual property rights (Ramesha et al., binding instrument which gives right to 2010). In case of animal breeding most of the livestock keepers including rights over cases superior individual animal or its associated indigenous traditional knowledge germplasm is more important than providing (FAO, 2004 and Rothschild, 2002).

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Development and diffusion of knowledge Potential patentable areas in animal intensive technologies in all livestock sector sciences are greatly influenced by IPR system. Among various types of IPR, patents, trademarks, There are unique traits in the native farm trade secrets and geographical indications are livestock species of Indian subcontinent, relevant to the livestock sector. Each of these which can be harnessed or exploited through forms of IPR has different requirements and biotechnologies. The distinctive attributes of grants different legal status. The full scope of breeds can be exploited for profits by getting patent protection in the field of animal some form of Intellectual Property Rights or breeding has not yet been determined. protection.

The application of patents to this field of The notable areas for IPRs could be the innovation is fairly recent, and there is a need following in Indian context. for more in-depth analysis of the probable consequences of introducing patents to animal Superior disease resistance. breeding. Several observations are need to be Adaptation to withstand tropical heat and far made on how the special field of animal greater climatic fluctuations. breeding calls for adaptation of the general Better potentials to utilize coarse quality feed patent laws to this particular field of and fodder resources. technology. Better survivability under more recurrent drought conditions. Patent has been identified as a major tradable Superior growth and higher fecundity in some asset of enormous importance in the modern species / breeds. knowledge regime. Patent law has potential to Potential to yield of certain unique products, alter the existing legal conditions for which have economic potential after competition and investments in the field of value addition. animal breeding, and needs therefore a higher Therapeutic and nutritional value of certain level of awareness among policy-makers, livestock products. animal breeders and farmers. Geographical application of breeds associated with traits or products. The effects of IPRs on animal genetic Indigenous technical knowledge on animal resources, genetic diversity, genetic husbandry. improvement and the livelihoods of livestock Utilization of unique genes through keepers have scarcely been analysed, but are biotechnologies for novel use. in urgent need of exploration. Protection of native livestock breeds and associated With further advances in biotechnologies and traditional knowledge through appropriate sui processing techniques, many more IPR generis system is essential for conservation relevant areas would emerge. and their sustainable use in the modern IPR system. References

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Damodaran, A., (2008). Traditional Rothschild and S. Newman, CABI, Knowledge, Intellectual Property Rights axon, UK pg 119-146. and Biodiversity conservation; Critical Ramesha, K. P., (2011). Intellectual Property issues and Key Challenes. Journal of Rights Regime for Livestock Intellectual Property Rights, 13: 509- Agriculture in India-Present Status and 513. Future Prospects. Journal of Intellectual FAO, (2004). Report by the Commission on Property Rights, 16: 154-162. Genetic Resources for Food and Ramesha, K. P., Pourouchottamane, R. and Agriculture on the Intergovernmental Bhattacharya, M., (2010). Intellectual Technical Working Group on Animal property rights-Animal genetic Genetic Resources for Food and resources-Options for India. Indian Agriculture, Food and Agriculture Dairyman, 62: 50-63. Organization of the United Nations, Ramesha, K. P., Pourouchottamane, R., Rome. Kataktalware, M. A. and Sarkar, M., FAO, (2005). The legal framework for the (2008). Intellectual Property Rights management of animal genetic (IPR) issues in livestock biodiversity- resources. FAO Legislative Study. Indian Perspective. Journal of Livestock ISBN 978-82-7613-504-6, 1-33. Biodiversity. 1: 8-12. Groombridge, B., (1992). Intellectual Rothschild Max and Scott Newman, property rights for biotechnology. In Intellectual Property Rights in Animal Global biodiversity: Status of the Breeding and Genetics. CABI Earth's living resources, 495-99. publishing 2002. London: Chapman and Hall. Sharma, D. K., (2014). Intellectual property Lesser, W., (2002) In "Intellectual Property and the need to protect it. Indian rights and Patenting in Animal Breeding Journal of Scientific Research. 9: 084- and Genetics" Editors M.F. Rothschild 087 and S. Newman, CAB International, Verrier, E., Tixier-Boichard, M., Bernigaud, axon UK, 1-16. R. and Naves, M., (2005). Conservation Matthew Rimmer, (2008). Intellectual and value of local livestock breeds: Property and Biotechnology: Biological usefulness of niche products and/or Inventions. Edward Elgar Publishing. adaptation to specific environments. Nebel, H., Akrad, L., and Brady, T., (2002). Animal Genetic Resources Information. "Intellectual Property Rights in Animal 36. Breeding and Genetics" Editors M.F.

How to cite this article:

Selvam. R. 2020. The Implications of Intellectual Property Rights in Protecting Animal Genetics Resources and Biodiversity: A Review. Int.J.Curr.Microbiol.App.Sci. 9(07): 140-146. doi: https://doi.org/10.20546/ijcmas.2020.907.016

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