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The impacts of patent laws on plant and food security

The future of food security is increasingly threatened by the aggressive patenting strategies of major biotech corporations, according to the experts in agriculture and legal research. Farmers are being restricted, and giant companies are exploiting patent laws to monopolise seed markets and to control the development of genetically modified organisms (GMOs) and new genomic techniques (NGTs). Patent laws under intellectual property laws are now being used as powerful tools to dominate agricultural markets.

Patents were designed to encourage innovation. Originally intended to protect the owner's rights in technical innovations, patents are now being used to claim ownership over seeds, plants, and even their offsprings. This growing trend is severely impacting farmers, breeders, and the overall food system. Companies are leveraging these legal protections to restrict access to essential genetic material, effectively limiting competition and endangering biodiversity.

As biotech giants continue to consolidate control over plant genetics, concerns are mounting about food security and farmers' independence. Without stricter regulations for farmers' safety, the unchecked patenting of seeds could inflate food prices and hinder efforts to create climate-resilient crops. If monopolistic patenting continues, the future of food may rest in the hands of a few powerful corporations and that too at a high cost to farmers, consumers, and global food security.

Globally, biotech firms are attempting to expand their control through broad patent claims that cover genetic traits shared by multiple plant varieties. This misuse of the patent system creates legal uncertainty for breeders and farmers and restricts their ability to innovate. As a result, farmers and small-scale agricultural enterprises are finding it increasingly difficult to navigate the complex web of overlapping patents without risking costly legal battles.

In Bangladesh, the Plant Varieties Protection Act, 2019 was introduced to safeguard the rights of farmers and breeders while promoting innovation. This law aims to ensure that plant varieties created through traditional breeding methods remain accessible to farmers, plant breeders and researchers. Farmers in Bangladesh face challenges in securing protection for their plant varieties due to lack of awareness and limited resources. They consider the registration process burdensome. Moreover, treating farmers and commercial breeders equally in this regard may disadvantage farmers further.

Section 23(2) of the Act permits farmers to reproduce and sell seeds except for commercial purposes. However, it is submitted that this restriction on commercial sales creates risks for food security. Limiting farmers' ability to trade seeds on a larger scale may reduce seed diversity, hinder innovation, and weaken farmers' resilience in addressing climate change and crop failure challenges.

The growing patent dominance is also posing serious risks to traditional farming practices. Farmers may inadvertently cultivate crops containing patented traits and face legal action as a result. Small breeders, unable to afford the costs of licensing fees or legal advice, risk being pushed out of the industry altogether. This monopolisation threatens agricultural resilience at a time when climate change demands innovative, adaptable crops.

As biotech giants continue to consolidate control over plant genetics, concerns are mounting about food security and farmers' independence. Without stricter regulations for farmers' safety, the unchecked patenting of seeds could inflate food prices and hinder efforts to create climate-resilient crops. If monopolistic patenting continues, the future of food may rest in the hands of a few powerful corporations and that too at a high cost to farmers, consumers, and global food security.

Thus, it is urged that policymakers take immediate steps to enforce the Plant Variety Protection Act, 2019 to ensure strict safety evaluations, transparent labeling, and enhanced traceability throughout the supply chain. In conclusion, stronger enforcement of law is essential to prevent monopolistic practices in the nation's agriculture sector.

The writers are LLB and LLM from Bangladesh University of Professionals and student, Faculty of Agriculture, Hajee Mohammad Danesh Science and Technology University, respectively.

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Law Vision

The impacts of patent laws on plant and food security

The future of food security is increasingly threatened by the aggressive patenting strategies of major biotech corporations, according to the experts in agriculture and legal research. Farmers are being restricted, and giant companies are exploiting patent laws to monopolise seed markets and to control the development of genetically modified organisms (GMOs) and new genomic techniques (NGTs). Patent laws under intellectual property laws are now being used as powerful tools to dominate agricultural markets.

Patents were designed to encourage innovation. Originally intended to protect the owner's rights in technical innovations, patents are now being used to claim ownership over seeds, plants, and even their offsprings. This growing trend is severely impacting farmers, breeders, and the overall food system. Companies are leveraging these legal protections to restrict access to essential genetic material, effectively limiting competition and endangering biodiversity.

As biotech giants continue to consolidate control over plant genetics, concerns are mounting about food security and farmers' independence. Without stricter regulations for farmers' safety, the unchecked patenting of seeds could inflate food prices and hinder efforts to create climate-resilient crops. If monopolistic patenting continues, the future of food may rest in the hands of a few powerful corporations and that too at a high cost to farmers, consumers, and global food security.

Globally, biotech firms are attempting to expand their control through broad patent claims that cover genetic traits shared by multiple plant varieties. This misuse of the patent system creates legal uncertainty for breeders and farmers and restricts their ability to innovate. As a result, farmers and small-scale agricultural enterprises are finding it increasingly difficult to navigate the complex web of overlapping patents without risking costly legal battles.

In Bangladesh, the Plant Varieties Protection Act, 2019 was introduced to safeguard the rights of farmers and breeders while promoting innovation. This law aims to ensure that plant varieties created through traditional breeding methods remain accessible to farmers, plant breeders and researchers. Farmers in Bangladesh face challenges in securing protection for their plant varieties due to lack of awareness and limited resources. They consider the registration process burdensome. Moreover, treating farmers and commercial breeders equally in this regard may disadvantage farmers further.

Section 23(2) of the Act permits farmers to reproduce and sell seeds except for commercial purposes. However, it is submitted that this restriction on commercial sales creates risks for food security. Limiting farmers' ability to trade seeds on a larger scale may reduce seed diversity, hinder innovation, and weaken farmers' resilience in addressing climate change and crop failure challenges.

The growing patent dominance is also posing serious risks to traditional farming practices. Farmers may inadvertently cultivate crops containing patented traits and face legal action as a result. Small breeders, unable to afford the costs of licensing fees or legal advice, risk being pushed out of the industry altogether. This monopolisation threatens agricultural resilience at a time when climate change demands innovative, adaptable crops.

As biotech giants continue to consolidate control over plant genetics, concerns are mounting about food security and farmers' independence. Without stricter regulations for farmers' safety, the unchecked patenting of seeds could inflate food prices and hinder efforts to create climate-resilient crops. If monopolistic patenting continues, the future of food may rest in the hands of a few powerful corporations and that too at a high cost to farmers, consumers, and global food security.

Thus, it is urged that policymakers take immediate steps to enforce the Plant Variety Protection Act, 2019 to ensure strict safety evaluations, transparent labeling, and enhanced traceability throughout the supply chain. In conclusion, stronger enforcement of law is essential to prevent monopolistic practices in the nation's agriculture sector.

The writers are LLB and LLM from Bangladesh University of Professionals and student, Faculty of Agriculture, Hajee Mohammad Danesh Science and Technology University, respectively.

Comments