GENOME EDITING
ALTERATION OF EVOLUTION
As familiar as you are with the process of cross-breeding, cross-pollination, there’s another process called gene-editing which is developing substantially. Gene-editing is a process wherein scientists modify the DNA and introduce foreign genetic material which creates a new specie. It is similar to “liger” which is the consequence of crossbreeding of tigers and lions.
The question in hand is, whether this type of cross-alteration is considered to be legal?
Yes, on 6th March, 2025 intellectual property right was granted to a U.S.A based entity for developing a plant that glows in the dark, as a result of gene-editing. This plant was the combination of bioluminescent mushroom and firefly which gave birth to new plant called the Firefly Petunia. This fascinating feature of the plant is due to the chemical reaction of luciferin and luciferase, which is the factor that is responsible for the emission of light at night.
Similarly, this case raises the question, if gene-editing is legally viable in India?
Since, India and U.S.A are in pari passu to the TRIPS agreement, this evolution is applicable and it is important to grant IP rights to these gene-edited species under various intellectual property frameworks within India including Patent Act, 1970, the Biological Diversity Act, 2002 and other international agreements such as TRIPS, provided the application meet the legal requirements.