Intellectual Property Rights Protection in Plants: Scopes in Lychee Commercialization
Global Patent Acts are the most popular and effective way to protect intellectual properties in academics, industry, corporate, etc. Patents are peculiarity abbreviated as IP law and implications of its civil rights are given to the inventor/assignee for
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Niharika Sahoo and Sukanta S. Bhattacharya
Abstract
Global Patent Acts are the most popular and effective way to protect intellectual properties in academics, industry, corporate, etc. Patents are peculiarity abbreviated as IP law and implications of its civil rights are given to the inventor/assignee for a stipulated period of time with respect to inventions which are novel, are non-obvious, and have industrial utility. Lychee Biotechnology has huge potential to offer societal issues at farming level which must be discussed at industrial and academia level. Patents can be given to farmers (stakeholders) for their novel approaches in harvesting the products which could be enhanced with high- throughput technology. Here we discuss the country’s patent law, the scopes of patentable claims for lychee plants/products, and those that can popularize the lychee in international market. Keywords
Global patent • Intellectual properties (IP) • Lychee biotechnology
10.1 Introduction The rapidly growing sector of biotechnology has opened a plethora of options for farmers/breeders to develop new varieties of L. chinensis (Menzel 1985; Chen et al. 2016), catering to the increasing demand for lychee and its products and
N. Sahoo IIT, Kharagpur, West Bengal 721302, India S.S. Bhattacharya (*) University of Cincinnati, Cincinnati, OH 45267, USA e-mail: [email protected] © Springer Nature Singapore Pte Ltd. 2017 M. Kumar et al. (eds.), The Lychee Biotechnology, DOI 10.1007/978-981-10-3644-6_10
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circumventing the environmental challenges. Plant biotechnology, both traditional breeding techniques and newer strategies like recombinant DNA technology, has enabled development of new resistant varieties; biological pest control (Li et al. 2014); high-yielding cultivars, along with advances in the agriculture such as development of biofertilizers (Vassilev et al. 2015) such as vermicomposts; and postharvest technology (Martinez-Castellanos et al. 2011; Pandey et al. 2013). This has been critical in mitigating the production losses due to pests and diseases, abiotic stress such as droughts, enhancing productivity and quality in lychee. After the successful introduction of insect-resistant and herbicide-tolerant crops in 1996, many new crop varieties have been developed and made available to the farmers worldwide (Gottschalk et al. 2008). In 2012, the transgenic crops segment was identified as the biggest market segment of the global agricultural biotechnology industry which had reached a value of US$15,300 million in 2012 (Transperency Market Research 2015). The global agricultural biotechnology industry was led by North America owing to the high cultivation of genetically modified crops. In 2012, the region held 32.5% share of the global market. Till 2012, 88% of the corn, 94% of the cotton, and 93% of the soybeans planted in the USA were varieties produced through genetic engineering. A large proportion of the production of other crops, such as alfalfa, papaya, and sugar beet,
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