Conservation and IP Protection of Unique Crop Genetic Resources and Products of Cashew

摘要

Protection and management of intellectual property rights over unique crop genetic resources, biodiversity, new cultivars in crops and unique products from crops attains significance in the back drops of globalisation and trade liberalisation. Membersof WTO, including India are taking earnest efforts to protect the sovereign rights over crop genetic resources and biodiversity by enacting specific Acts. A deep knowledge about these Acts and their implications is essential for achieving their specificgoals. India has implemented Protection of Plant Varieties & Farmers Rights Act, 2001 to protect IP rights over unique farmer cultivars, traditional cultivars, extant cultivars and new cultivars in crops. The Biodiversity Act provides protection of germplasm available in the country by regularizing access to biodiversity, its sustainable use, conservation and benefit sharing arising from use of biodiversity. The Geographical Indications (Registration and Protection) Act-1999 provides for the protectionand management of IP rights of communities over unique cashew products. Fenny is a unique product of cashew from Goa and this has been accepted as a Geographical Indication (GIs) from our country. Similarly, there are other cashew products in differentparts of our country that can be protected and marketed as GIs in national and international markets.The paper highlights the provisions, prospects and problems of protection and management of intellectual property rights over unique cultivars, germplasm, genetic resources and products of cashew in India.