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PATENTING OF GENETICALLY MODIFIED CROPS: A GLOBAL EXPLORATION OF LEGAL AND ETHICAL PERSPECTIVES

PATENTING OF GENETICALLY MODIFIED CROPS: A GLOBAL EXPLORATION OF LEGAL AND ETHICAL PERSPECTIVES

Dr. Sonika Bhardwaj, Associate Professor, School Of Law, Christ (Deemed to be University) Bangalore.

Sruthi Sekhar, LLM IPL, School Of Law, Christ (Deemed to be University)

ABSTRACT

Genetically modified crops have become a ground-breaking technique in the field of agricultural innovation, offering potential solutions to an array of problems concerning food security, sustainability, and increased agricultural output. Within this dynamic landscape, the patenting of genetically modified crops is a pivotal issue in the intersection of biotechnology, agriculture, and intellectual property, raising significant legal, ethical, and environmental questions. The research commences by exploring the historical development of patent laws, analysing how these laws have evolved to incorporate the complexities of genetically modified crops (GMCs). This research paper presents a comprehensive exploration of the legal and ethical perspectives surrounding the patenting of Genetically Modified Crops by conducting a comparative analysis across different nations, shedding light on the diverse global perspectives. The study delves deeply into the ethical ramifications of granting patent rights to GMO companies, investigating concerns related to market monopolies, seed accessibility, and the diminishing rights of farmers. It critically evaluates the equitable enforcement of these patents, particularly among small-scale and marginalized farmers, taking into account variables like traditional seed-saving practices, innovative approaches, and existing economic disparities. Through comprehensive case studies and rigorous legal analyses, the research elucidates the issues faced in India. This research is an effort to bring light into the discrepancies associated with patenting of biotech inventions.