GENERAL SCOPE OF THE BIODIVERSITY IPR V.B.S.P.U. JAUNPUR

1. GENERAL SCOPE OF THE
BIDIVERSITY CONVERTION
ON INTELLECTUAL PROPERTY
RIGHT
BY –
INDRAMANI TRIPATHI
M.SC.

2. Biological diversity, or
"biodiversity," refers to the variety
of life on earth. It includes diversity
of ecosystems, species and genes,
and the ecological processes that
support them. India is one of the
12-mega biodiversity countries of
the world.
BIODIVERSITY MEANS

3. Article 27(3) of the TRIPS agreement exclude plants and
animals other than micro-organisms, and essentially
biological processes for the production of plants or animals
other than non-biological and microbiological processes
from patentability.
This can be barrier to the technological and economic
development of the least developed countries, but such
exclusion in their respective country does not protect the
same from patentability in other region or country.
Example includes the issuance of U.K. patent covering
nuclear transfer technology, which was used to clone the
first animal, the famous ‘Dolly the Sheep’
Patenting
Life Form

4. Biopiracy is the illegal appropriation of life --
microorganisms, plants and animals (including
humans) -- and the traditional cultural knowledge
that accompanies it.
Biopiracy commonly operates through the
application of Intellectual Property Rights (IPR)
(primarily patents) to genetic resources and
traditional knowledge
Bioprospecting
Bioprospecting is the search for biological resources
and accompanying indigenous knowledge primarily
for the purpose of commercial exploitation.

5. India's 10-year-long battle against the grant of a patent on the use of NEEM as a
fungicide has finally been won at the European Patent Office (EPO).
Patent rights on a method for controlling fungi on plants by the aid of a
hydrophobic extracted neem oil had originally been granted by the EPO in
September 1994 to the United States Department of Agriculture (USDA) and the
New York-based multinational agribusiness corporation WR Grace.
In June 1995, a legal opposition to the grant of this patent was filed jointly by Dr
Vandana Shiva, director of Delhi-based Research Foundation for Science,
Technology and Ecology (RFSTE), Ms Magda Aelvoet of the Green Group in
European Parliament and Ms Linda Bullard of International Federation of Organic
Agriculture Movements (IFOAM).
Consequently, the EPO revoked the patent in May 2000. The MNC, however,
appealed the patent revocation. It is against this appeal that the EPO has finally
upheld its earlier decision, thereby revoking in its entirety the patent rights once
and for all on March 8, 2005.

6. National Biodiversity Authority (NBA): All matters relating to requests for
access by foreign individuals, institutions or companies, and all matters relating to
transfer of results of research to any foreigner will be dealt with by the National
Biodiversity Authority.
State Biodiversity Boards (SBB): All matters relating to access by Indians for
commercial purposes will be under the purview of the State Biodiversity Boards
(SBB). The Indian industry will be required to provide prior intimation to the
concerned SBB about the use of biological resource. The State Board will have the
power to restrict any such activity, which violates the objectives of conservation,
sustainable use and equitable sharing of benefits.
Biodiversity Management Committees (BMCs): Institutions of local self
government will be required to set up Biodiversity Management Committees in
their respective areas for conservation, sustainable use, documentation of
biodiversity and chronicling of knowledge relating to biodiversity.

7. While granting approvals, NBA will impose conditions, which
secure equitable share in the benefits arising out of the use of
biological resources occurring in India or knowledge relating to
them.
These benefits could include monetary gains, grant of joint
ownership of IPRs, transfer of technology, association of Indian
Scientists in R&D, setting up of venture capital fund etc.
For individuals , the monetary benefits will be paid directly to them.
Otherwise, the amount will be deposited in the National Biodiversity
Fund.
The Benefits