• 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.