Intellectual Property Rights in Nano-biopesticides

Abstract

Nano-biopesticide is still in its infancy, which is being carved out as a special field of biological pesticides derived from natural materials such as plants, animals and bacteria, mostly in combination with both naturally occurring and synthetic eco-friendly organic/inorganic materials, the final materials as products measuring between ~1 nm and ~100 nm. Intellectual Property Rights (IPR)-related activities in nano-biopesticides, which got initiated only about two decades ago, have now become feverish due to their enormous commercial potential. A few nano-based products have got commercialised. However, the toxicity profiles of nano-biopesticides in general and their possible long-term negative effects on the environment, human, plant and animal life have raised grave questions, which could affect their patentability on the grounds that such inventions when exploited may affect public order, good morals or public health. Further issues related to several of these materials being product of nature and/or being materials or processes being used traditionally could affect considerations of patentability of these inventions. Regulatory bodies, standard setting organisations and competition authorities in different jurisdictions will play their respective roles to ensure that there is fair play in the marketplace vis-à-vis innovations, IPR and business practices with regard to nano-biopesticides for societal progress.