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Indian act on IPRs, CBD, Copyright Act, 1957 The Patents Act, 1970 The Geographical Indications of Goods (Registration and Protection) Act, 1999 The Trade Marks Act, 1999 The Designs Act, 2000 The Semiconductor Integrated Circuits Layout-Design Act, 2000 Protection of Plant Varieties and Farmers' Rights Act, 2001 Biological Diversity Act, 2002
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• Copyright Act, 1957• The Patents Act, 1970 • The Geographical Indications of Goods (Registration and
Protection) Act, 1999• The Trade Marks Act, 1999• The Designs Act, 2000• The Semiconductor Integrated Circuits Layout-Design Act,
2000• Protection of Plant Varieties and Farmers' Rights Act, 2001• Biological Diversity Act, 2002
Indian Acts governing different IPRs
• Act – 2001– 11 Chapters– 97 clauses
• Rules – 2003• Regulations – 2006• Notifications – from time to time • Case laws – as and when these will appear.
The Protection of Plant Varieties & Farmers Rights Act, 2001
(PPV&FR Act, 2001)
Administration / Enforcement of PPV&FRA
• Objective & Goals• Conservation of Biological Diversity• Sustainable use of its components• Fair & equitable sharing of benefits arising out of
utilization of genetic resources & appropriate transfer of relevant technology.
• Appropriate funding
Convention on Biology DiversityAdopted on 5 June 1992; Enforced on 29 Dec.
1993; 190 Countries Parties
• Facilitated Access based on Prior Informed Consent on Mutually Agreed Terms.
• Access to Biological resources vis-à-vis Technology
• Right over resources & technology
Contnd.
Cartagena Protocol on Bio-safety: Sept. 2003; 139 parties
• IPR in the context of biodiversity are important for • Regulating access to genetic resources (Art.15)• Also, for access to technology for the use of genetic
resources (Art, 16, 19)• Development of measures to ensure fair and equitable
benefit sharing with• States (Sovereign Rights), and• Communities (Holders of traditional knowledge) (Art. 8j)• Web page and clearing house mechanism:
http://www.cbd.int
CBD & IPR
• Disclosure for source and geographical origin biological materials is compulsory (Sec 10(d))
• To deposit* samples of biological material mentioned in the specifications with a notified repository.
• To give particulars of deposit made in the application• Non disclosure or wrong disclosure of source or geographical
origin of a biological material used in the invention and anticipation of the invention through prior knowledge oral or otherwise within any local or indigenous community constitute additional grounds for opposition (Sec.25).
Biodiversity and Traditional Knowledge in relation to patents Act
• * The microbial type culture collection and gene bank (MTCC) [IMTECH, Chandigarh] is a notified Authorized Depository Institution in India that receives Deposits for Biological samples of patentable subject matter (microbes).
Contnd.
• Appropriation of sovereign GR of nations & TK of farming communities and seeking exclusive IPR over these resources & knowledge by others
1. Patents may be wrongly granted due to– Oversight during the examination– Lack of access to TK because of inadequate search
tools
BIOPIRACY
2. Patents may be granted where national laws does not recognize as prior art– some form of public disclosure of TK– disclosure in other countries
3. Patent has been granted on genuine invention but– the PIC of communities providing the GR/TK not
obtained
4. The TKDL initiative is historical and proactive.
Contnd.
S.N. Bioresource Patent no.
1 Turmeric US 5,40,504
2 Bringal, Karela, Jamun, Gurmar US 5,900,240
3 Arhar (Pigeonpea/ Cajanus) US 6,410,596, US 6,541,522
4 Pepper US 5,536,506,US,5,744,161, US 5,972, 382
5 Amla US 5,529,778
6 Basmati rice** US 5,663,484
7 Neem** (Azadirachta) US 5,124,349
List of “bad patents” submitted to TRIPS Council by developing countries
** Bolivia, Brazil, Colombia, Cuba, India & Pakistan** Patents not included in the list submitted
•Access for Indian Biodiversity to foreigners / Indians.
•National Biodiversity Authority•State Biodiversity Boards•Local Biodiversity Committees•Biodiversity Registers•Equitable benefit sharing•Conservation of biodiversity
–in situ, &–ex situ
Biological Diversity Act, 2002 (18 of 2003)
MoEF
NBA
Committee on Agrobiodiversity
• MoEF/NBA– Nodal agency for Indian Biodiversity– Biological Diversity Act 2002 (No. 18 of 2003).
• DAC/DARE/ICAR– Protection of plant varieties & farmers’ Rights Act,2001– Multilateral access to PGRFA and benefit sharing
• DBT– Supplementary function for bioresources/ biotechnology.
• DISM (Department of Indian System of Medicine)– Supplementary function for biodiversity patents
• Others: DST/DSIR/CSIR/DRDO/BARC
Management of Sovereign Biodiversity in IndiaSome key Functionaries of Central Government
Certain persons not to undertake biodiversity relayed activities without
approval of NBA.
Sec. 3 (1&2)
No person* shall, without previous approval of the National Biodiversity
Authority, obtain any biological resource occurring in India or knowledge
associated thereto for research or for commercial utilization or for bio-
survey and bio utilization.
* = Any foreigner , NRI, foreign company or Indian company with foreign
participation.
Regulation of access to biodiversity in IndiaChapter – II of the Biological Diversity Act, 2002.
Sec .4: No person shall, without prior approval of NBA, transfer the
results of any research relating to any bioresources occurring in, or
obtained from, India for monetary consideration ot otherwise to any
person as defined in sec.3(2).
Explanation – Here, “transfer” does not include publication of
research papers or dissemination of knowledge in any seminar or
workshop, if such publication is as per the guidelines issued by the
Central Government.
Results of research not to be transferred to certain person without approval of NBA
• Section 3 & 4 not to apply to certain collaborative research projects.
• No application can be made without approval of NBA
• Prior Intimation to state Biological Board for obtaining biological resources for certain purposes.
Cont.
Sec. 21(2):- NBA shall determine the
benefit sharing in all or any of the following
manner:-
a) Grant of joint ownership of IPR
b) Transfer of technology
Benefit sharing under the Biological Diversity Act, 2002
a) Location of production, research and development units in
such areas which will facilitate better living standards to the
benefit claimers;
b) Association of Indian scientists, benefit claimers & the local
people with R&D in bio-resources/ GR, biosurvey,
bioutilization
c) Setting up of venture capital fund for aiding the cause of
benefit claimers;
Cont.
• Payment of monetary compensation / non monetary benefits to the benefit claimers as the NBA may deem fit.
Cont.