BioVoice News August 2017 Issue 3 Volume 2 | Page 54

expert corner gets integrated with the plant and results in a transgenic plant expressing transgenic trait. Transgenic plant varieties get protection only under the PPVFR Act as plant varieties and seeds of such plant varieties are excluded items in Patents Act, 1970. With the amendment of Section 3(c) and incorporation of 3(j) in the Patents Act in 2002, the plant, varieties and seeds including transgenics have gone out of the purview of the Patents Act. They get IPR protection only under the PPVFR Act. However, the interest of the patentee, who contributed for development of a transgenic trait, is protected under the PPVFR Act and the patentee can make his claim for benefit sharing from all the breeders whose 54 BioVoiceNews | August 2017 varieties express the trait, through the PPVFR Authority, which is a statutory body vested with the powers to determine the benefit sharing amount based on the commercial value, the said transgenic trait conferred to the new variety. By vesting the powers in the PPVFR Authority to determine the benefit share, creation of monopoly in agriculture is prevented. In this manner, there is adequate protection given to a transgenic trait in the Act. Any transgenic variety will contain several agronomical traits like yield potential, fibre quality or resistance to other pests and diseases, tolerance to abiotic stresses like drought, etc., apart from the transgenic trait. A patentee for a method of production of transgenic plant for one or two particular traits therefore cannot be allowed to restrict the use of all traits in a transgenic plant variety developed by the breeder or Seed Company, on the basis of such one or two transgenic traits. That way, by incorporating one patented gene sequence across all the varieties of a crop, the patentee can claim patent rights in all the varieties, which would be catastrophic to the Indian agriculture. Also, such paradigm of primacy to the transgenic trait also undermines the Plant breeding efforts by Breeders, Indian public sector and private sector and farmers who also breed and conserve genetic diversity. Balanced framework Further, it is also to be noted that by virtue