DR.

D Y PATIL UNITECH SOCIETY’S

DR. D Y PATIL LAW COLLEGE , PIMPRI - PUNE

intellectual property rights

prof.anjum ajmeri

by - swarasha temghare
roll no. 117

protection of
bio-diversity
 INDEX
Introduction
History of IPR and Bio Diversity
Relationship between IPR and Bio Diversity
IPR effects on Bio Diversity
Legislations
Biological Diversity Act, 2002
Conclusion
 “IPR” means legal protection to protect data from new inventions. In
exchange for being required to reveal the formula or strategy behind
the process, these rights allow the owner to prevent imitators from
commercializing the inventions or processes for the specified period
of time. The term “biodiversity” refers to the variety among living
things that come from all source materials and the ecological
INTRODUCTION elements to which they relate. It also includes ecosystem diversity as
well as inter- and intraspecies diversity. Human life benefits from
biodiversity, which also offers a viable route to achieving
developmental objectives. Given that innovations and goods are
derived from the resources found in biodiversity, both of these
concepts are highly interdependent.
HISTORY OF IPR AND
BIO DIVERSITY
The initial step towards making biodiversity a commodity evolved from the United
Kingdom wanting to use high-quality seeds for agricultural production. This slowly
led to the Companies selling registered seeds. Later the government rewarded
individuals who improved seeds further. This led to the development of Breeders’
Rights that become more commercialized and very soon restrictive.
For over 60 years, different forms of protection of new plant varieties through system
of PBR have in existence in industrialized countries. In 1961, a “ Union Internationale
Pour la Protection Des Obtentions Vegetales”(UPOV-International Union for the
Protection of New Varieties of Plants) was established in Geneva for coordinating the
intercountry implementation of PBR. Although the Convention was signed in Paris in
1961,it came into force only in 1968. It was revised in Geneva in 1972,1978,and 1991.
The1978 Act came into effect in 1981
To be eligible for protection, varieties have to be:

Distinct from the existing, commonly known Varieties

Sufficiently homogenous /uniform

Stable
RELATIONSHIP BETWEEN IPR AND
BIO DIVERSITY

IPR serves two purposes in relation to biodiversity: firstly, it protects products made with particular raw materials found in
the biodiversity system, such as the expensive furniture made with Kashmiri wood from a specific species of teak tree found
in the Kashmir region and second, it secures products that are directly derived from conventional wisdom, such as the use of
Malabar Pepper as a medicine. The latter is safeguarded by the geographical indications system created by intellectual
property law. Urban societies all over the world today have an increasing demand for herbal and organic products,
demonstrating the importance of products derived directly or indirectly from biodiversity outside of rural, tribal, and
indigenous spheres. The greatest impact of biodiversity in the agricultural sector is due to the use of its derivatives in
enhancing soil fertility, preventing crop failures, balancing the nutritional value of crops, and ensuring food security. New
plant varieties have been created and used as a result of the expansion of increasing production through commercial
agriculture research and development. Intellectual property laws provide a practical solution for preventing commercial
agriculture and genetic erosion, and the conservation of these novel plant varieties is now required. Innovation is driven by
factors other than financial gain, such as social recognition, reform, goodwill, and the need to simply survive, as shown by
the dynamic evolution of humanity. To address various ecological and social needs, Asian farmers developed hundreds of
thousands of rice varieties from a single species. The spirit of social welfare inspires traditional healers, farmers, and others
to innovate to meet societal needs. The protection of intellectual property laws, which also act as a sufficient incentive for
innovation, makes it easier to recognize these innovators who are working within the biodiversity system.
 IPR EFFECTS ON BIO DIVERSITY
The social and economic effects of IPRs and their significance may be readily
observed in emerging nations, and one of the most significant effects is the rights,
such as patents. The patent on novel variety seeds gives the nations that produce
them a certain amount of sovereign rights for their sustainable usage. The major
arguments were in a negative light and stated, "The tendency to homogenize
agricultural diversity; Displacement of native and traditional crops; Restriction to
exports of traditional medicinal plants (thereby impacting in situ conservation
efforts);" "And there were various arguments in which that are constantly made
with regard to the ambit of the need for IPR on Biodiversity."
IPR (intellectual property rights) regulations support the
commercialization of monoculture and seed production while
defending modified microbes and novel plant kinds. In response to
compliance with the Convention on Biological Diversity and TRIPS, the
Biological Diversity Act of 2002 and the Indian Patent Act of 2002
were made public in order to accomplish this goal (Trade-Related
Intellectual Property Rights). The TRIPs agreement obligates the
nations to modify their intellectual property (IPR) regime in order to
comply with greatly improved international standards that can
conserve biodiversity and related knowledge systems.
 LEGISLATIONS
India passed The Biological Diversity Act in 2002 and The Indian Patent
Second Amendment Act in 2000 to comply with the regulations of CBD,
making microorganisms patentable in India. Nowadays, India has also started
to certify plant breeders who specialize in breeding new varieties of plants.

In the current scenario, intellectual property rights have made patentability of

gene-altered organisms and plant varieties possible.Countries can obtain
these patents to protect the plant or its modifications and obtain a patent for
the modified plant. The Union Internationale pour la Protection des
Obtentions Vegetables (UPOV) is a convention that promotes the breeding of
new plant varieties through intellectual property protection of biodiversity.

Biological Diversity Ac
Plant Breeding Rights:
GI Tags
ABS Mechanisms
Copyright Act
TRIPS Agreement
biological diversity act , 2002
Background :

The Biological Diversity Act, 2002 was born out of India’s attempt to realise the
objectives enshrined in the United Nations Convention on Biological Diversity
(CBD) 1992 which recognizes the sovereign rights of states to use their own
Biological Resources.

Biodiversity: The biodiversity means the variability among living organisms

from all sources and the ecological complexes of which they are part and includes
diversity within species or between species and of ecosystems

Biological Resources: The biological resources means plants, animals and

micro-organisms or parts thereof, their genetic material and by-products
(excluding value added products) with actual or potential use or value, but does
not include human genetic material.

The Biological Diversity Act, 2002 :The act was enacted in 2002, it aims at the
conservation of biological resources, managing its sustainable use and enabling
fair and equitable sharing benefits arising out of the use and knowledge of
biological resources with the local communities.
.
Salient Features of the Act :
The Act prohibits the following activities without the prior approval from the
National Biodiversity Authority:
- Any person or organisation (either based in India or not) obtaining any biological
resource occurring in India for its research or commercial utilisation.
- The transfer of the results of any research relating to any biological resources
occurring in, or obtained from, India.
- The claim of any intellectual property rights on any invention based on the
research made on the biological resources obtained from India.

The act envisaged a three-tier structure to regulate the access to biological

resources:
- The National Biodiversity Authority (NBA)
- The State Biodiversity Boards (SBBs)
- The Biodiversity Management Committees (BMCs) (at local level).

The Act provides these authorities with special funds and a separate budget in
order to carry out any research project dealing with the biological natural resources
of the country
 conclusion
IPRs grant legal protection to ideas and information used to create new products or
procedures. These rights allow the holder to prevent imitators from commercializing the
innovations or processes for a specified period of time. IPRs' stated goal is to promote
innovation by providing greater financial rewards than the market would otherwise be able
to. IPR (intellectual property rights) regulations support the commercialization of
monoculture and seed production while defending modified microbes and novel plant
kinds. Invoking IPR to say that traditional knowledge that is used will give economic
benefit to the community is not the answer neither for the community or the environment.
IPR can have an impact on who shares in the advantages arising from genetic resources,
with implications for the conservation and use of biodiversity. The nation also has 16 other
mega-diversities that makeup 7-8% of the global biodiversity. Since 2000, a total of six
million hectares of forest have disappeared yearly. The National Biodiversity Authority is
established in Chennai in accordance with this Act to monitor the activities pertaining to
Indian biodiversity.
thank you!