Balancing commercial and public interest in GM foods

The term “genetically modified food” is most commonly used to refer to crop plants created, using molecular biology techniques.

The plants are modified in a laboratory to enhance desired traits such as increased resistance to herbicides, or improved nutritional content. Genetically modified (GM) brinjal or aubergine, has the Cry1Ac gene from bacillus thuringinesis (Bt) that makes it tolerant to fruit and shoot borers – pests that attack it throughout its life cycle.

The Maharashtra Hybrid Seed Company (Mahyco) is interested in protecting its event-specific polymerase chain reaction (PCR) used to develop Bt brinjal, possibly India’s first edible GM crop, as an intellectual property.

The Bt gene has been isolated and developed by the US agricultural multinational Monsanto. The same gene has been employed by its Indian partner Mahyco in developing Bt cotton and other transgenic crops like Bt brinjal in India.

Abhai Pandey is a lawyer with LEX ORBIS IP Practice, a law firm specializing in intellectual property issues.