Plant Breeding and Intellectual Property Rights in Nepal

Dilip Raj Panthee; Khusi Ram Tiwari; Bal Krishna Joshi; Kalidas Subedi; Pooja Panthee

doi:10.59552/nppr.v3i1.64

Authors

Dilip Raj Panthee North Carolina State University
Khusi Ram Tiwari Bayer Crop Science
Bal Krishna Joshi Nepal Agriculture Research Council
Kalidas Subedi Agriculture and Agri-Food Canada
Pooja Panthee Kathmandu School of Law

DOI:

https://doi.org/10.59552/nppr.v3i1.64

Keywords:

Biodiversity, Geographical Indication, Intellectual Property, Plant breeders’ rights, Plant breeding, UPOV

Abstract

This article examines the adoption of plant breeders’ rights (PBR), also known as intellectual property rights (IPR), pertaining to plant breeding and genetics in various nations. Its main goal is to offer direction for the growth of an organized and competitive plant breeding industry in Nepal. The paper seeks to analyze the mechanisms that ensure adequate protection of intellectual property and returns on investment in plant breeding, drawing on international practices and treaties like the Convention on Biodiversity, Trade Related Aspect of Intellectual Property (TRIPS), and the International Union for the Protection of New Varieties of Plants (UPOV). The paper presents case studies to demonstrate how these issues are addressed by looking at the current IPR landscape in Asia, Europe, and North America. These results are the basis of policy recommendations to aid Nepal in developing a strong plant breeding industry.

Author Biographies

Dilip Raj Panthee, North Carolina State University

Dr. Dilip R Panthee is an Associate Professor and Tomato Breeder at the Department of Horticultural Science at North Carolina State University (NCSU). Dr. Panthee received his Ph.D. in Plant Breeding and Genetics from the University of Tennessee, Knoxville, TN, USA and MPhil in Plant Breeding and from The University of Birmingham and Reading, UK, in 1997. Dr. Panthee has released ten hybrid cultivars, 19 breeding lines of tomato, and three soybean breeding lines. He has published over 80 journal articles, 10 book chapters, more than 75 abstracts, and research reports. He has received ten various professional awards for his contribution to the scientific community.

Khusi Ram Tiwari, Bayer Crop Science

Dr. Khusi Ram Tiwari studied agricultural sciences from IAAS Rampur, Chitawan, Nepal and worked for department of Agriculture, Nepal. He completed his Ph.D. in 1998 from University of Manitoba, Canada in Genetics and Plant Breeding. Dr. Tiwari has worked as a plant breeder over 25 years in the USA and is currently working as a Principal Plant Breeder for Bayer Crop Science, USA. He collaborates with scientists globally from Asia, Africa, Europe, South America to develop new crop varieties. He is also an adjunct Professor at Mississippi State University, Mississippi. Dr. Tiwari has published several research articles in peer reviewed journals and books. He has been granted more than 60 US patents from the US patent office in crop plants.

Bal Krishna Joshi, Nepal Agriculture Research Council

Dr. Bal Krishna Joshi received PhD in Agricultural Science from Japan. Dr. Joshi has been working on agrobiodiversity conservation and utilization since last 25 years and have developed and identified 101 good practices and approaches. Dr. Joshi has significant scientific contribution on in the field of Plant Genetics and Breeding, Agrobiodiversity and related policy, Biotechnology, Statistics, Conservation Science, Geographical information system, and Climate smart plant breeding. Dr. Joshi has served as an Editor-in-Chief in Journal of Nepal Agricultural Research Council and Nepal Agriculture Research Journal. He has received 12 different awards including National Technology Award, and Science and Technology Youth Award. His major thrust is to make native agricultural genetic resources competent globally.

Kalidas Subedi, Agriculture and Agri-Food Canada

Dr. Kalidas Subedi is an agricultural scientist, currently working with the Government of Canada as Project Lead/Study Director. He has extensive knowledge and experience of agriculture research, technology transfer and project management, gained through working with different national and international research and development organizations. Dr. Subedi has earned his Ph.D. degree in crop physiology and plant nutrition and M.Sc. degree in Tropical Agriculture Development from the University of Reading, UK. Dr. Subedi has published over 60 papers in leading international peer-reviewed journals, books and book chapters, and over 200 research papers, training manuals, and proceedings in different aspects of agriculture.

Pooja Panthee, Kathmandu School of Law

Pooja Panthee, an LLM Scholar at Kathmandu School of Law, embodies a blend of roles as a corporate lawyer, lecturer, and researcher. Apart from her prowess in corporate law as an emerging lawyer serving as attorney of a well-known company in Nepal and abroad, she deftly navigates intricate legal terrains, specializing in International Trade Law and Intellectual Property. Her career highlight includes working in legal officer positions at the local and provincial levels. With an unwavering passion for teaching, she imparts her extensive knowledge as a lecturer of law and undertakes research activities related to the legal system and policies of Nepal, embodying a dynamic approach that seamlessly combines academia and practice.

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