ISSUES & CHALLENGES OF INTELLECTUAL PROPERTY RIGHTS IN INDIA WITH SPECIAL REFERENCE TO AGRICULTURE

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The present study is an attempt to analyse the overview and impact of intellectual property rights (IPRs) on agricultural innovation in India. This paper examines the patenting activity to identify current innovations in crop farming in India. In the case of granted patents, majority of the patents belong to the area of plant growth. It explores the specificities of patent portfolios and its scope of future innovations in the agriculture engineering sector. But there are still unanswered questions about whether emerging and evolving IPR regimes in developing countries will contribute to enhance agricultural productivity. This paper attempts to answer some of these questions by tracing the effects of IPRs on private investment in crop genetic improvement and in turn, on agricultural productivity. However, the research looks at the prospect of India as a developing country to boost its current intellectual property (IP) framework and legislation in order to develop its agricultural technology. Hence, it focuses on whether there is a single system as a model of IP regime to enhance agriculture production in India. The research is based on secondary data. Intellectual property is in many ways similar to a parcel of real estate. As with any piece of property it can be bought, sold and rented (i.e. licensed). However, unlike real estate, intellectual property is intangible, you cannot touch it, since it is an idea or invention. The legal mechanisms of patents, copyrights, trade secrets and trademarks are used to protect such intangible property. Keep in mind that some contract mechanisms, such as licenses or material contract agreements (MTA’s), have the effect of conveying ownership rights over materials. A basic understanding of these mechanisms is essential for anyone whose research may lead to an invention, and for research administrators who must deal with intellectual property issues, both for acquisition and deployment.

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