GENERAL SCOPE OF THE BIDIVERSITY CONVERTION ON INTELLECTUAL PROPERTY RIGHT

BY –INDRAMANI TRIPATHI M.SC. (BIOCHEMISTRY)

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

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

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 BioprospectingBioprospecting is the search for biological resources and accompanying indigenous knowledge primarily for the purpose of commercial exploitation.

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.

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.

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