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

1. Indian Acts governing different IPRs
• 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

2. The Protection of Plant Varieties &
Farmers Rights Act, 2001
(PPV&FR Act, 2001)
• Act – 2001
– 11 Chapters
– 97 clauses
•
•
•
•
Rules – 2003
Regulations – 2006
Notifications – from time to time
Case laws – as and when these will appear.

3. Administration / Enforcement of
PPV&FRA

5. Convention on Biology Diversity
Adopted on 5 June 1992; Enforced on 29 Dec.
1993; 190 Countries Parties
•
•
•
•
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

6. Contnd.
• Facilitated Access based on Prior Informed
Consent on Mutually Agreed Terms.
• Access to Biological resources vis-à-vis
Technology
• Right over resources & technology
Cartagena Protocol on Bio-safety: Sept. 2003; 139 parties

7. CBD & IPR
• 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

9. Biodiversity and Traditional Knowledge in
relation to patents Act
• 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).

10. Contnd.
• * 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).

11. BIOPIRACY
• 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

12. Contnd.
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.

13. List of “bad patents” submitted to TRIPS
Council by developing countries
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
** Bolivia, Brazil, Colombia, Cuba, India & Pakistan
** Patents not included in the list submitted

14. Biological Diversity Act, 2002 (18 of
2003)
MoEF
NBA
Committee on
Agrobiodiversity
•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

15. Management of Sovereign Biodiversity in India
Some key Functionaries of Central Government
• 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

16. Regulation of access to biodiversity in India
Chapter – II of the Biological Diversity Act, 2002.
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 biosurvey and bio utilization.
* = Any foreigner , NRI, foreign company or Indian company with foreign
participation.

17. Results of research not to be transferred to
certain person without approval of NBA
 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.

18. Cont.
• 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.

19. Benefit sharing under the
Biological Diversity Act, 2002
 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

20. Cont.
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;

21. Cont.
• Payment of monetary compensation / non
monetary benefits to the benefit claimers
as the NBA may deem fit.