Skip to main content

Bio Diversity and Traditional Knowledge (IPR)

 


Bio Diversity and Traditional Knowledge 

Under Article 27 (3) of TRIPS Agreement countries have the choice to give the new variety of plant a patent or make a sui generis law for its protection

International Union for the Protection of New Varieties of Plants or UPOV

(French: Union Internationale pour la protection des obtentions vegetables)


The Convention was adopted in Paris in 1961

Objective is to provide protection to new varieties of plants as intellectual property.

• So that plant breeders get encouragement for development of new varieties of plants for the benefit of society. The Protection of Plant Varieties and Farmer's Rights Act, 2001. Provisions of the act are regarding.

  • Protection of plant varieties

  • Protection of rights of farmers and plant breeders

  • Encourage development and cultivation of new varieties of plants

  • Benefit sharing and compensation for traditional rural and tribal communities

  • Protecting traditional rights of farmers.

UN convention on biological diversity (CBD) Signed IN Rio Dio Janerio in June 1992


Biological Diversity Act, 2002

• Enacted to meet obligations under CBD

• For preservation of biological diversity in India, and provides mechanism for equitable sharing of benefits arising out of the use of traditional biological resources and knowledge of IPR 23:26

• To secure sharing of benefits with local people as conservers of biological resources and holders of knowledge and information relating to the use of biological resources;

• Protection and rehabilitation of threatened species;

property Right

Geographical

• Punishment under Section 58 for unauthorized use of biological resources and doing bio piracy. Imprisonment up to 5 years, fine up to 10 lakh, more if the damage is more than 10 lakhs.

Traditional knowledge

Article 8 (j) of Convention of biological Diversity (CBD) talks about traditional knowledge

Each contracting Party shall, as far as possible and as appropriate:


Subject to national legislation, respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and encourage the equitable sharing of the benefits arising from the utilization of such knowledge innovations and practices.

  • Traditional knowledge is the driving force for income for many people in developing countries.

  • It is more affordable than the modern alternatives. Example Healthcare (Ayurveda, Siddha medicine of Tamil Nadu, Unani Medicine, Yoga etc.)

  • Traditional knowledge can be found in a wide variety of contexts, including: agricultural, scientific, technical, ecological and medicinal knowledge as well as biodiversity-related knowledge.

  • Traditional knowledge refers to knowledge as such, in particular the knowledge resulting from intellectual activity in a traditional context, and includes know-how, practices, skills, and innovations.

Dhanpath Seth and Ors. v. Nil Kamal Plastic Crates Ltd., (AIR 2008 H.P. 23)

• Patent for device which was used for manual hauling of agriculture produce was owned by Plaintiff, he filled suit for injunction against the defendants for using that patented device.

The Device was proved to be made by using traditional knowledge.

So the plaintiff was not given the injunction he sought but as he owned the patent some other measures were taken if in case he succeeds a future suite.
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more