Impact of ipr on biodiversity

1. IMPACT OF IPR ON
BIODIVERSITY
Raghavi R

2. INTELLECTUAL PROPERTY
• Protects ideas, inventions and work of
human beings
A Patent
• Protects invention.
• Provides the right to make, market the
invention to the patent owner for a period
of 20 years
Intellectual property rights are decades old
However, the extension of IPR to living
beings- relatively new concept.

3. IPR to living beings
Biodiversity is the variability among living
organisms from all sources including,
terrestrial, marine and other
aquatic ecosystems.
Trend started with US Plant Patent Act in 1930.
• Gave IPR for asexually reproduced plant
varieties

4. Patentability
patentable subject matter
• Novel- either by asexually cultivation or by
the first person who sees it.
• Useful- industrial application
Diamond v Chakrabarty- 1980
Onco mouse case- 1988
TRIPS Agreement

5. USPTO
Cotton patent
Soyabean patent
• Monopoly
• Income for pharmaceutical companies
• Ethical argument
• Growth of Non commercial indegeneous crops affected.
• grasses supporting birds and butterflies, bees and other
biodiversity shrink as patented crops take over

6. FIGHT AGAINST MONOPOLY
Kalpavriksh- a delhi based NGO
Fought against patenting and use in
pharma industry of microbes from
India
Turmeric
Neem
Basmati Rice – GI act

7. ROLE OF INDIAN LAWS IN
PROTECTING BIODIVERSITY
Sec 3 of patent Act
• method of agriculture/horticulture not patentable
• 3(j)
plants and animals in whole or any part thereof
other than micro organisms but including seeds,
varieties and species and essentially biological
processes for production or propagation of plants
and animals.

8. Sec 3 (b)
• contrary public order or morality
• causes serious prejudice to human, animal or plant life or
health or to the environment
• 3(i)
• Process of Medical Treatment of animals , to render them
free of disease
• Section 47
• Government use
• Research purpose,tutoring pupils

9. BIOLOGICAL DIVERSITY ACT 2002
• Sec 6
No person shall apply for any intellectual property
right, by whatever name called, in or outside India
for any invention based on any research or
information on a biological resource obtained from
India without obtaining the previous approval of
the National Biodiversity Authority before making
such application