UPSC Mains 2024 GS3 Q5: model answer
What is the present world scenario of intellectual property rights with respect to life materials? Although, India is second in the world to file patents, still only a few have been commercialized. Explain the reasons behind this less commercialization.
What the question wants
Global IPR regime on life forms and why Indian patents are rarely commercialised.
How to structure it
Intro: patents on life materials. Body: (1) global regime (TRIPS, CBD, Nagoya, WIPO 2024 treaty); (2) India's position (Section 3(d), Biological Diversity Act); (3) reasons for low commercialisation; (4) remedies. Conclusion.
- 1(1) global regime (TRIPS, CBD, Nagoya, WIPO 2024 treaty)
- 2(2) India's position (Section 3(d), Biological Diversity Act)
- 3(3) reasons for low commercialisation
- 4(4) remedies
Model answer
Life materials include genes, microbes, plant varieties and biological processes.
World scenario
- TRIPS Art. 27.3(b) requires patents for micro-organisms and protection for plant varieties.
- The US allows wide biotech patents, but Myriad (2013) barred patents on naturally occurring DNA.
- The CBD and Nagoya Protocol require benefit-sharing; the WIPO Treaty on Genetic Resources and Associated Traditional Knowledge (2024) mandates disclosure of origin.
- India excludes plants, animals and mere new forms (Section 3(b), 3(j), 3(d)) and protects varieties under the PPVFR Act, 2001.
Reasons for low commercialisation
- Many filings are by foreign firms or academic institutions without market plans.
- Weak industry-academia links and few technology transfer offices.
- Low R&D spending (about 0.65% of GDP).
- Scarce risk capital for deep tech; long regulatory approvals.
Incubators, the Anusandhan National Research Foundation and better licensing can turn patents into products.
Keywords, cases and data to drop in
TRIPS 27.3(b) Nagoya Protocol WIPO 2024 treaty Section 3(d) ANRF
Where most answers lose marks
- Ignoring the 'life materials' part.
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17 Sep 2026Learn the concept
Question text as printed in the official UPSC question paper: https://www.upsc.gov.in/sites/default/files/QP_CSM_2024_GenStud_III_03102024.pdf The model answer is original Battle IAS work; use it to learn structure, not to memorise.