National Seminar on IPR Management in Biodiversity Conservation : Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts January 17-18, 2020
S G IN ED CE RO P National Seminar on IPR Management in Biodiversity Conservation : Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts January 17-18, 2020
In collaboration with GOVERNMENT OF RAJASTHAN Rajasthan State Biodiversity Board
Jointly organized by Department of Zoology and Botany Kanoria PG Mahila Mahavidyalaya, Jaipur J.L.N. Marg, Jaipur- 302015, Rajasthan Phone: 0141-: +91-141-2707539, +91-141-2706672 E-Mail- [email protected] Editors Dr. Sunita Shekhawat Dr. Ritu Jain **************************************************************
Organizing Committee of National Seminar
Chief Patron Patron Dr. Rashmi Chaturvedi Dr. Seema Agrawal Director, KMM, Jaipur Principal, KMM, Jaipur
Advisory Committee Dr. Ratna Saxena Dr. Sarla Sharma Vice-Principal Vice-Principal Faculty of Science Faculty of Commerce
Dr. Deeptima Shukla Dr. Ranjula Jain Vice-Principal Dean, College Development Faculty of Arts KMM, Jaipur
Organizing Secretaries Dr. Sunita Shekhawat Dr. Ritu Jain Dept. of Zoology Dept. of Botany KMM, Jaipur KMM, Jaipur
Organizing Committee
Dr. Ranjana Agrawal Dr. Preeti Sharma (Coordinator) Dr. Prerna Singh Lavania Dr. Aanchal Puri Dr. Reema Srivastava Dr. Anita Gajraj Dr. Richa Chaturvedi Dr. Aparna Rathore Dr. Sarika Kaul Dr. Chetna Sharma Dr. Shipra Goyal Dr. Jayanti Goyal Dr. Tina Singh Bhadoria Dr. Leena Bhatia Ms.Yogita Solanki Ms. Navneet Kaur Ms. Yogita Swami Dr. Neetu Mahawar Proceedings of the National Seminar on IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts
17-18 January, 2020
Editors: Dr. Sunita Shekhawat Dr. Ritu Jain Associate Professor Assistant Professor Department of Zoology Department of Botany Kanoria PG Mahila Mahavidyalaya Kanoria PG Mahila Mahavidyalaya J.L.N Marg, Jaipur Rajasthan J.L.N Marg, Jaipur, Rajasthan
Authors are responsible for the views, opinions expressed here and neither Editors nor Publishers are accountable in any manner.
Permission is needed for reproduction in any form.
Copyrights 2020 by the IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts.
Published by: Organizing Secretary of the National Seminar, Kanoria PG Mahila Mahavidyalaya, Jaipur.
ISBN: 978-93-5396-760-4.
Message The foundation of any institute is laid on the essence of its academic pursuits and excellence. We at Kanoria PG Mahila Mahavidyalaya, Jaipur have made this dictum of excellence our motto and our way of life in every single activity in the campus.
The staff and students are engaged in various path-breaking innovative research activities all throughout the year. Every conference and seminar organised in the campus focuses on contemporary and relevant topics in order to facilitate research in those areas which will enhance necessary transformation in the academia as well.
I extend a warm welcome to all the academicians, teachers, students, research scholars and resource persons who are contributing to the discussion on a very relevant topic 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'.
I wish the seminar all the very best and urge all participants to brainstorm on the various thrust areas of the seminar.
(Justice Pana Chand Jain) Chairman Kanoria Girls College Trust Jaipur
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Message It is my great pleasure to welcome you to the National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts' that takes place in beautiful environs of Kanoria PG Mahila Mahavidyalaya, Jaipur on January 17 – 18, 2020. Over the past few years, college has provided a cross-disciplinary venue to trigger interactions among researchers to exchange the ideas of recent advances in the areas of interdisciplinary nature. This year, the seminar spans two days that includes deliberations on a topic of universal interest. The platform will provide ample opportunities for discussions, debate, and exchange of information among the participants. The program of such stature is not possible without enthusiastic and hardworking team. I would like to express my appreciation towards the organising committee for valuable contribution in assembling such a high quality program. I am privileged to acknowledge the involvement of the keynote speakers, resource persons and technical session chairs who trusted the seminar and steered it with their vision and leadership. Special wishes to the participants from various college and universities for sharing their views on current research topics. I hope you enjoy your visit to the college. I wish the seminar a grand success.
(Dr. Rashmi Chaturvedi) Director Kanoria PG Mahila Mahavidyalaya Jaipur
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Message It gives me immense pleasure to be a part of this hosting team of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts’. The seminar aims to bring different ideologies under one roof and provide from various disciplines to discuss concerns related to the topic and also to establish research connections.
With the support of the dedicated staff members, Kanoria PG Mahila Mahavidyalaya has marched on the way of success with confidence. The sharp, clear sighted vision and precise decision making powers of our management has benefited our college to stay competitive. Disciplined students are the added features of our college.
Quite a lot of commitment and hard work has gone into the organising of this forum and I must congratulate the organizing committee members, sponsors, paper presenters, resource persons and all others who have contributed in no small measure to make this event a success. I appreciate the participants from our colleges and other colleges for their efforts in organizing and participating in this seminar and wish fruitful deliberations.
I wish the Seminar all success !!
(Dr. Seema Agrawal) Principal Kanoria PG Mahila Mahavidyalaya Jaipur
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Message I feel myself extremely delighted that the Department of Zoology and Botany, Kanoria PG Mahila Mahavidyalaya, Jaipur is organizing National Seminar on ‘IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts’ on 17-18 January, 2020. The issue to be discussed and debated in the seminar is undoubtedly of current significance in the light of present ecological and environmental scenario. I am hopeful that the discussion on the theme will be fruitful for the issues related to the theme of seminar.
I wish the seminar a great success.
(Dr. Abhishek Kumar Tiwari) Assistant Professor, Department of Law & Deputy-Director, Five-Year Law College University of Rajasthan Jaipur
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Message It is my immense pleasure to congratulate the Department of Zoology and Botany, for organizing National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access of Benefit Sharing, TRIP/CBD and Biodiversity Acts'. The discussions and deliberations done in the seminar will help in propagating awareness about important issues like bio piracy and intellectual property rights in biodiversity domain. I extend my best wishes to the organizers and participants and wish for its success.
Yours Sincerely
(Dr. Meenakshi Punia) Assistant Professor (Law) Department of Law Sardar Patel University of Police Security and Criminal Justice Jodhpur
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Message The session under IPR Seminar would be very productive as it will increase legal
awareness about the implementations of Biological Diversity Act- 2002,
especially in Rajasthan. Also, enhance the knowledge about institutional
framework of conserving and preserving Biodiversity, policy relating to access
to genetic resources, traditional knowledge and the national access and benefit
sharing (ABS) framework. It encouraged all the stakeholders to make more
efforts in making the implementation of the Biological Diversity Act, 2002 more
effective.
I wish grand success to all the participants
Regards
(Prof. (Dr.) Komal Audichya) Assistant Director, SSLG Jaipur National University Jaipur
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Message India is one of the highly diversified countries with respect to flora, fauna, ethnicity, culture, religion etc. It can also boast the still thriving one of the oldest civilizations in the world. Its traditional systems and culture holds much knowledge and cultural practices which is bed rock of its lifestyle and wellbeing and handed down these through generations by community sharing of knowledge. The development of the modern science and technology bring into reckoning the idea of intellectual property in the industrialised world for protection of ideas of the inventor and the holder of intellectual property which is in difference vis-à-vis in older civilisations. The Intellectual Property Rights (IPR) is now foundation of several developments and being protected through International agreements such as GATT & TRIP and national legal framework of countries. In order to fast track, the developments of new inventions existing traditional knowledge is recycled and patented without the consequential benefit to the society/culture which was holding such traditional knowledge. The problem was acknowledged by countries and tried to be addressed through Conference on Biodiversity (CBD) under the UN and the protocols (such as Nagoya protocol) required to be followed for such sharing of knowledge and access benefits. Kanoria PG Girls College, which is among the oldest colleges of Rajasthan in girls education and providing leadership in ideas, in association with the Rajasthan State Biodiversity Board (RSBB) and the Department of Science & Technology (DST), Government of Rajasthan has organised this seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing TRIP/CBD and Biodiversity Acts' to discuss and deliberate on the issues and challenges in meeting the needs of IPR, Biodiversity & Traditional Knowledge under the existing treaties and statutory framework. The event has brought together the leaders and practisers from associated fields, such as legal, academia, administration, government, students and NGO’s. The participants discussed multidimensional aspects such as Indian legal framework, protocols and treaties regulating and securing the biodiversity, access benefit sharing and the IPR. The proceeding is culmination of the vigorous intellectual and practical assortment. The organisers are thankful to the dignitaries, experts, speakers, participants of the highly invigorating seminar. We also extend our gratitude to the management of college, RSBB, DST, committee members, faculty & staff of college for their effort & support in making this event a grand success. We hope that this proceeding would serve as a useful guide on the subject matter.
Regards
(Dr. RITU JAIN) (Dr. SUNITA SHEKHAWAT) Organising Secretary Organising Secretary Assistant Professor, Department of Botany Associate Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur Kanoria PG Mahila Mahavidyalaya, Jaipur
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INDEX
Page S. No. Author(s) Title No. Biodiversity and Genetically 1. Dr. Abhishek Kr. Tiwari Modified Crops: Issues and 1-5 Challenges Managing Intellectual Property Rights 2. Akanksha Ganda 6-8 in the Advertising Industry
Legal Issues and Environment 3. Anamika Singh 9-14 Protection Laws in India Intellectual Property Rights: A 4. Dr. Anita Gajraj Significant Tool for Biodiversity 15-19 Conservation Bioprospecting and Biopiracy: Impact 5. Dr. Aparna B Rathore 20-24 on Biodiversity Biodiversity and conservation of 6. Bharati Pareek Salvodora persica (Linn.) in Indian 25-27 Arid Zone Dr. Chetna Sharma, Public Health and Intellectual 7. 28-31 Dr. Shalini Sharma Property Rights
Intellectual Property Rights: Key to 8. Divya Pareek 32-35 Entrepreneurs Sustainability Intellectual Property Rights: Boon or Jyoti Kapil, 9. Bane for Protecting the Farmer’s 36-40 Neetika Mathur Rights Prof (Dr.) Komal The Biological Diversity Act 2002 10. 41-47 Audichya and the Access and Benefit Sharing Dr. Kumud Tanwar, Laws and Policy Framework for 11. Dr. Swati Singh, 48-50 Environmental Protection Dr. Arti Mishra Intellectual Property Rights – A curse 12. Dr. Leena Bhatia or a boon for India as a developing 51-57 country International Property Rights: An 13. Dr. Manisha Mathur 58-63 Overview of History of Patent Laws
Sustainable Forestry: An Approach of 14. Medha Babel 64-65 Biodiversity Management Page S. No. Author(s) Title No. Bioprospecting and Biopiracy: 15. Dr. Meenakshi Punia Challenging Grounds for India and its 66-71 Bio Diversity Laws Role of Intellectual Property in 16. Dr. Meenal Sharma Innovation and New Product 72-80 Development Dr. Neelam Bageshwari, Geographical Indication in 17. 81-84 Dr. Sunita Shekhawat Intellectual Property Rights
Why Intellectual Property should be 18. Dr. Neeta Agrawal 85-89 Protected
Poonam Sharma, Role of Government Agencies in the 19. 90-92 Kamakshi Tomar Regulation of IPR
A Review: Legal Framework on 20. Priyanka Jangid 93-95 Environmental Protection
Intellectual Property Rights in 21. Dr. Ranjana Agrawal 96-101 Science: Issues and Challenges
Dr. Ritu Jain, Bio-Diversity, Bio-Piracy & Bio- 22. 102-109 Dr. Sunita Shekhawat Prospecting: Indian Perspective
Environmental Degradation and 23. Rukshar 110-113 Management in India: A Review Awareness of IPR (Intellectual 24. Dr. Surabhi Sharma Property Rights) among the Research 114-118 Scholars in Jaipur City Vandita Srivastava, Enabling the Community through IPR 25. 119-124 Dr. Sangita Sinha Awareness Yogita Solanki, Relevance of Access Benefit Sharing 26. Reema Solanki, 125-128 in Biodiversity Conservation Pooja Mangal
27. MkW- 'khrkHk 'kekZ gekjh ikjEifjd ckSf)d lEink % v/;kRe 129-132
28. Dr. Nidhi Gupta Biodiversity : A Review 133-136
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Biodiversity and Genetically Modified Crops: Issues and Challenges
Dr. Abhishek Kr. Tiwari Assistant Professor & Deputy- Director, University Five Year Law College, University of Rajasthan, Jaipur E-mail: [email protected]
Biological diversity — or "biodiversity" — is the number and variety of living organisms on Earth, the millions of plants, animals, and micro-organisms, the genes they contain, the evolutionary history and potential they encompass, and the ecosystems, ecological processes and landscapes of which they are integral parts.
Introduction Biotechnology is variously perceived as the “Living organisms, whether released into the most frightening or most promising scientific environment in large or small amounts for development of the twentieth century; experimental purpose or as commercial agricultural biotechnology has proved an products may reproduce in the environment extraordinary fraught topic for environmental and cross national frontiers thereby affecting regulators over recent yearsi. Biotechnology member states. The effect of such release on especially GM Crops came with a promise the environment may be irreversible.” that it will improve the living condition, food security and environmental security but in The presence of GMOs in the environment practice it seems that its effect on food may affect species diversity- they may security and environment are derogatory. become successful predators, competitors, Transnational corporations (TNCs) such as parasites or pathogens of crop plants. If this Monsanto, DuPont, and Novartis, the main happens, it may have a significant economic proponents of biotechnology, argue that impact. GMOs may pose a risk to human carefully planned introduction of these crops healthiv . These consequences may not be should reduce or even eliminate the immediately obvious, and the time- scales enormous crop losses due to weeds, insect over which they become apparent could be pests, and pathogens. In fact, they argue that lengthy. the use of such crops will have added beneficial effects on the environment by The possible negative environmental impacts significantly reducing the use of of GMOs are disputed, but provoke agrochemicalsii. But in contrast they seem considerable concern. The issues of concern more dangerous for the environment. can be following: The capability of the GMO to escape and The behavior of GMOs, once released into potentially introduce the engineered genes environment may be difficult to monitor and into wild populations; control, because they will multiply, adapt, The persistence of the gene after the GMO evolve and interact. As EC Council Directive has been harvested; 2001/18iii puts it;
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
The susceptibility of non-target organisms The specter of ‘super weeds’, for example, (e.g. insects which are not pests) to the gene has received a great deal of attention. This product; would involve the modified gene entering the The stability of the gene; natural environment, for example by cross- The reduction in the spectrum chemicals of pollination of the GM crop with wild other plants including loss of biodiversity; relatives, or as a volunteer (a crop that self- and seeds and persists outside of the field Increased use of in agriculture. The environment). If the genetic modification of environmental safety aspects of GM crops this new ‘weed’ allows it to withstand vary considerably according to local herbicides, the effectiveness of weed control conditions. technique is co-promised. Genetic Current investigations focus on the modification to withstand pests, frosts or potentially detrimental effect on beneficial drought could allow the GM weeds to out- insects or a faster induction of resistant compete native wild plants, with attendant insects; the potential generation of new plant reductions in overall biodiversity. There are pathogens; the potential detrimental also indications that crops modified to kill consequences for plant biodiversity and particular pests may be toxic to certain non- wildlife, and a decreased use of the important target species. Herbicide-tolerant crops, practice of crop rotation in certain local modified to allow for constant exposure to situations; and the movement of herbicide certain herbicides, or crops modified resistance genes to other plants. constantly to express a pesticide, threaten to speed up the development of pesticide and Scientists, academics, and nongovernmental herbicide resistance, and make such organizations, however, also have called resistance is more difficult to control. Any attention to the risks of biotechnology to both reduced effectiveness of the Bt pesticide, a human and animal health and safety and to naturally occurring microbial pesticide, could the environment overall. GMOs are able to have diffuse and particularly important “interact with other forms of life, reproduce, environmental effects, by depriving organic transfer their characteristics and mutate in farmers of one of their few acceptable ‘last response to environmental influences.” Once resort’ pesticides. Less directly, GM GMOs have been released they cannot be technology is thought likely to encourage recalled and risks can occur to biodiversity agricultural intensification and the increase in through contamination and cross-pollination mono-cultures, arguably more vulnerable to and the transfer of undesirable genetic traits pests and disease, raising food security issues to other species. Opponents to GMOs also as well as environmental problems. argue that through these kinds of gene transfers genetic modification will produce Bio-Safety Concerns pests and weeds immune to pesticides and Although genetic improvement using herbicides. GM species may thus become selection and breeding has been carried out pests that “displace existing plants and for centuries, the modern techniques of animals, disrupt the functioning of recombinant DNA technology can obtain the ecosystems, reduce biological diversity, alter same results by directly identifying the genes the composition of species, and even threaten responsible for the desired character and the extinction of various species and change transferring them to a variety of organisms. climate patterns.”v The main difference between classical selection methods and improvement by recombinant DNA technology is that the ______ISBN No. 978-93-5396-760-4 2
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
latter crosses the species barrier, to that a microbial or other contamination improving gene can be transferred between any two their taste, quality and accept ability to the species such as microorganisms, plants and consumers and studying, nutritional and other animals, related or otherwise. Further; gene effects. The concern in agriculture does not transfers are accomplished by manipulations necessarily lie with the characteristics of the outside of cells allowing rearrangement and products but rather with the way it is modification of genetic material before produced particularly in case of food crops. transfer increasing introduction of novel Any innovation in the process of production genes synthesized in the laboratory. of crops particularly the food crops, raise Therefore, this transgenic approach of suspicion. Further, transgenic plants and genetically modifying organisms goes animals are exposed to the open environment beyond the possibilities of nature leading to and the interaction takes place with other safety concerns. There is no evidence that organisms in the field. Therefore, genetic unique hazards exist either in the use of modification in agriculture has become a rDNA techniques or in the transfer of genes more sensitive issue than advances in health between unrelated organisms. It is not true care. Potential risks from the use of GMOs’ that all GMO’s are toxic or are likely to and products thereof broadly under three proliferate in the environment. However, categories i. e. specific GMOs may be harmful by virtue of 1. Risk to human healthvi the novel combinations of traits they possess. 2. Environmental concerns.vii This means that the concerns associated with 3. Social and ethical groundsviii use of GMOs can differ greatly depending on the particular gene-organism combination Environmental Consequences of Genetic and therefore a case-by case approach is Engineering required for assessment of safety concerns. Release in to the environment Downstream from the laboratory the GMOs The biggest problem with releasing GM have found applications in agriculture and plants into the environment lies in the fact health care industry, often claiming better that those organisms can never be recalled. value and quality of products. However, there Once released nothing can control their are some key differences between the two development, their mutations, their invasion sectors. Health care is highly regulated of "unimproved" plants, or multitude of domain and the products address often life opportunities for the cross fertilization with threatening situations in a context where risk regular crops. The potential consequences for and benefits must be balanced, All the key biodiversity are far reaching. players including the medical practitioners, drug industry and the regulatory authority are Impacts on wildlife often equipped with the latest edge. The use To date very little research has been carried of GMOs is in the contained environment and out on the impacts of releasing Genetially only the purified products are widely used. In Engineered crops in to the view of the above there is not much public environment. Research on impacts of GM debate on the risks associated with GMOs herbicide tolerant spring crops on farmland and products thereof being used in health Biodiversity, carried out on more than 200 care. On the other hand, agriculture deals plots in the UK, has demonstrated worrying with the growth of plants and animals, their trends. Bees and butterflies were found to be protection against infection and disease; the fewer in the GM fields, as low as 68% less transformation and distribution of resulting abundant in GM fields than in fields of products, safeguarding these against conventionally grown crops. The field ______ISBN No. 978-93-5396-760-4 3
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
margins of GM crops were also found contain Bio-piracy significantly reduced biodiversity. Other A large portion of the world’s genetic complex ecological relationships were found resources, including crop varieties, has to be much impacted by the GM crops, such resulted from innovation and conservation as a reduction in a range of pollinators and undertaken in the tropical and subtropical other beneficial invertebrates. ix underdeveloped countries over long periods of time. Consequently, the knowledge and The scientific journal Nature published use of the biodiversity of these countries research as far back as 1999 showing how the reside mainly with farmers, indigenous caterpillars of the Monarch butterfly in the peoples and other local denizens. However, UK suffered from retarded growth and large companies from the developed increased mortality after eating leaves with countries are now poised to claim exclusive pollen from a widely grown variety of rights to produce and sell modified forms of genetically engineered maize. these materials, through the instigation of the present IPR system. Herbicide resistance Most of the Biotech industry focus in genetic This has triggered widespread protest by engineering is based on herbicide farmers and indigenous communities, who resistance. The engineered crop is developed complain that the granting of patents to big with a resistance to a particular herbicide, companies on biological materials, such as often produced by the same company that has plants, animals and human genes, will afford developed the crop, so that the fields with the them large profits, for using the knowledge engineered crop can be heavily sprayed with which have been generated, developed and the herbicide to kill off all other plants. This used by locals in the underdeveloped obviously has major knock on impacts in the countries for food, medicines, fibers, fuels, environment, for example in herbicide feeds and cultural functions over many residues in soil and water, and to wild flora decades and centuries. The transnational and fauna in the landscape. The clearance of corporations involved stand to generate large huge fields and tracts of land with powerful revenues, while the local communities herbicides produces farmland devoid of remain unrewarded, and in fact, face the wildlife, spelling disaster for already threat in the future, of having to buy products declining bird and other wildlife populations. from these companies, which were derived from this material, at high prices. The In addition, crop weeds in time develop knowledge, innovation and husbandry efforts resistance to the herbicide, producing ‘super of these communities are not being weeds’ that require higher levels of herbicide sufficiently acknowledged when the legal to kill them and new and different herbicides IPR systems grant patents on genetic and to which they have not developed a biological materials, as well as, on living resistance. Many of these are more organisms. The tendency is to say that what expensive and environmentally more is natural is in the public domain, but what damaging. Reports from the USA, where arises in a laboratory is proprietary. GM crops are grown at a large scale, are showing an increasing development of The firms are collecting a range of living resistant weeds which cannot be controlled biodiversity materials, including soil with Roundup, the world’s best selling weed- microorganisms, animal and human genes, killer produced by the chemical corporation from the underdeveloped world and are Monsanto. fashioning new products ______ISBN No. 978-93-5396-760-4 4
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Conclusion Conservation + Livelihood: Bridging the The precautionary principle states that if an North South Divide, 487, (2008). action or policy might cause severe or vi. Risks of GMOs’ to human health are irreversible harm to the public, in the absence related mainly to toxicity, allergenicity of a scientific consensus that harm would not and antibiotic resistance of the new ensue, the burden of proof falls on those who organism/products. would advocate taking the action. The vii. Introduction of GMOs’ in the precautionary principle is a working legal environment necessitates a close concept in the handling of ecological long- examination for potential ecosystem term effects of releasing organisms in to the disruption. Ecological risks include the environment”. As signatories to the UN impact of introduced traits introgression Biosafety protocol we can invoke the into other related species throughout Precautionary principle in the light of scientific crossing, the potential buildup of uncertainty regarding GM food and crops. It is resistance in insect populations to also imperative that legislation be introduced engineered insecticidal traits, unintended covering the use, traceability and labeling of secondary effects on non target organisms GMOs and products and feeds containing and potential effects on biodiversity. GMOs. Such legislation must again be designed to protect the health of both citizens and the viii. There have been concerns about environment. At present Indian legislation reduction in the genetic diversity in covering GM feed is lacking, thus it is of the croppingA systems (i.e. in situ) by the utmost importance that the government act development and global spread of without delay. improved crop varieties to the green revolution. This genetic erosion has References occurred as the farmers have replaced i. Holder Jane, et. al. Environmental Protection the use of traditional varieties with mono Law and Policy: text and Materials, culture 61(2007). ix. http://www.i-sis.org.uk/GMCHW.php ii. Krimsky, S. and R.P. Wrubel, Agricultural x. https://www.mssrf.org/content/overvie Biotechnology and the Environment: Science, w-programme Policy and Social Issues. 6, (1996). xi. http://59.160.153.188/library/sites/defau iii. Rahul Dhanda, Guiding, Icarus: Merging lt/files/Annual%20Report%202018- Bioethics with Corporate Interests, 37 19.pdf (2002). xii. http://www.gmfreeireland.org/ iv. Royal commission report on environmental xiii. http://www.i-sis.org.uk/GE- pollution, 13th report (1989) agriculture.php v. Loretta Feris, “Who is to Blame? Liability xiv. http://www.foe.org.uk/campaigns/real_f and Redress Related to GMOs.” In Michael ood/index.html Jeffory et. al. (edt.), Biodiversity xv. http://www.mssrf.org/
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Managing Intellectual Property Rights in the Advertising Industry
Akanksha Ganda Assistant Professor, Department of Business Administration Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract
The variety of innovative digital advertising techniques in the online environment has created new opportunities for companies to expand advertising beyond its traditional supporting role for a good or service. As a result, advertising revenue represents the main or only source of income in many online business models. At the same time, the Internet and digital technologies have created new potential problems because of the ease and speed with which advertising content can be copied, assembled, reshaped and distributed worldwide. As in any creative and/or innovative industry, advertising companies are also faced with copycats, illegal use of their creative ads, products and contents by unfair competitors. There are a number of IP issues related to creativity and advertising, such as how advertisers can protect their unique and original creations as intellectual property rights (IPRs); how advertisers can use registered trademarks; or the dangers of violating the IP rights of others while creating or using advertising content in a traditional or digital environment. This study will address various IP-related issues that are important for the efficient management of companies active in creating and implementing advertising content and campaigns. The study will also be of interest to businesses that advertise their goods or services, as well as other stakeholders involved in advertising, such as employees who create promotional material, freelance advertising agents, marketing consultants, graphic designers, authors, photographers, etc.
Keywords: Intellectual Property, Advertising, Digital environment, Campaign, Trademark
Introduction essential part of any business. Properly used, The Indian advertising industry has evolved advertising can contribute to development from being a small-scaled business to a full- and growth. Badly used, it can be a very fledged industry. The advertising industry is costly mistake. projected to be the second fastest growing advertising market in Asia after China. Advertisement serves a double purpose first India’s digital advertisement market is being the informational purpose i.e., expected to grow at a compound annual consumers need adequate information about growth rate (CAGR) of 33.5 per cent to cross price of the product and also potential the Rs 25,500 crore (US$ 3.8 billion) mark by performance of competitive goods and 2020 (According to a report by IBEF.org).1 services. Next is the persuasive purpose that Advertising is a key part of the sales process. is to influence consumers to buy their The Institute of Practitioners in products through attractive slogans, taglines, Advertising (IPA) defines advertising as, captions etc. The advertising industry is "The means of providing the most persuasive undergoing a revolution and hence opening possible selling message to the right new avenues for creativity and artistic skills prospects at the lowest possible cost". for coming generations. Since it involves Effective customer communication is an enormous creative talent, huge investments
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
and a large amount of competition, issues of How to protect various Elements of copyright protection are of great significance advertising for every player in the industry. The elements of a good advertisement are Intellectual property restricts individuals, likely to be imitated by other businesses. So companies or any other entity the use of the companies can make sure they are not specific intangible creations. Protection can copied by registering the various elements be given to ideas, technical solutions or other under different laws of IP Protection.4 Some information that have been expressed in a of them mentioned below: legally admissible form. These rights are S.No. Elements of Means of exercised with respect to the products that advertising protection carry the protected information. For example, 1. Content such as Copyright the owner of a patent can prevent the written material, manufacture, use or sale of the protected pictures, artistic product in the countries where the patent has work etc. been registered. Those who create these 2. Slogans Copyright products, may regulate the use of such and/or creation (e.g. a musical work) and the Trademark commercialization of the product (e.g. law compact disk) that contains it. 3. Business names Trademarks and logos IPRs in the Advertising Industry 4. Graphics and web Industrial Creative content produced by advertising pages design law agencies include audio visuals and materials 5. Website design Copyright such as content of the ad, slogans, sounds, 6. Softwares used to Copyright 2 music and graphics etc. Some of these could create digital law and/or be protected under copyright law, others as advertisements patent law, trademarks. Advertising campaigns are done depending on to spread a message that inspires the potential the national buyers or consumers in the form of words, legislation pictures and sounds. Majority of these 7. Packaging Trademark elements can be legally protected through or industrial IPRs. design
8. Person’s identity Publicity or Types of intellectual property rights that privacy may be involved in marketing campaigns rights 1. Trademark: A trademark is a sign (word 9. Customer Copyright or figurative), which differentiates products Databases or services of a particular source from those of others. Protection Strategies 2. Industrial Design: Industrial designs are A successful advertising campaign involves used to protect the product’s color, shape or huge investments of both time and money. lines. Competitors and copy cats are more likely to 3. Copyright: Copyright is an exclusive right free ride on others innovation. Businesses that protects certain form of original 3 therefore need to come up with strategies to works. prevent their creations from being misused. Some of these strategies include:5
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• Registering the copyright protected there is a need to protect the advertising material in the Advertisement with the innovations and its artistic skills. It is national copyright office in countries where important to put Intellectual property this option is available; protection that protects the artwork and • Alarm the consumers by sending copyright creative skills used in advertising. However, notice about the legal protection of it is impossible to run a successful advertising advertising material; agency, without understanding its legal • Registering Trademarks as Domain framework.6 Names. It may happen at times that a customer can’t find a business’s website Advertisements are common targets for easily and frustatingly end up going to a infringement lawsuits. If you are not competitor’s website for buying products, so cautious, you can lose your IP rights or be it is worth registering trademarks as domain liable for infringement of the IP rights of names before someone else does; others. This article has tried to provide some • Using Trademarks Regularly during all tips that can help businesses better protect promotional campaigns. Use only the specific their advertisements and its content, as well font, color, size or other features which are a as avoid legal trouble. As said that prevention part of the trademark. This will improve the is better than cure, before launching an distinctiveness and value of the trademark advertising campaign, businesses should over time. have it ‘cleared’ or approved, both from a • Getting patents for Innovative general legal perspective and from an IP Advertising Techniques in countries where perspective. it is available; • Preventing Disclosure of Trade Secrets. References Confidential business informations that give 1. www.ibef.orghttps://www.ibef.org/industr competitive advantage to the business, such y/advertising-marketing-india.aspx as methods of sales, consumer databases, lists 2. www.mondaq.com:https://www.mondaq.c of suppliers, process of manufacturing, om/Intellectual-Property/732262/For-Safe- marketing techniques, advertising Marketing-The-Influence-Of-Intellectual- campaigns, etc., can be protected by trade Property-Rights-On-Marketing-Strategies secret law or laws on unfair competition. 3. www.rsgmedia.com:https://www.rsgmedia However, if disclosed even accidentally, it .com/term/i/intellectual-property-rights- will no longer be possible to protect the management/ information. 4. www.managingip.com • Do not disclose the product's innovative 5. www.WIPO.int:https://www.wipo.int/sme/ qualities. Disclosing the products innovative en/documents/ip_advertising_fulltext.html qualities in the ad or during campaign may 6. nopr.niscair.res.in: Jain and Sharma, become a bar for obtaining patent protection. Intellectual Property Management System: An Organizational Perspective, Journal of Conclusion Intellectual Property Rights, Volume 11, The advertising industry today is highly September 2006, pp 330-333 competitive. With growing businesses and 7. www.wikipedia.com globalization of the markets, creativity and 8. www.ipindia.nic.in innovation are at its premium. Therefore,
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Legal Issues and Environment Protection Laws in India
Anamika Singh Assistant Professor, Department of Geography Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract The term environment though is defined in many ways can be simply termed as the synonym of our surrounding covering the whole biotic as well as abiotic world and their interactions. Since the advent of civilization humans have mindfully and unmindfully lead to over consumption, exploitation and deterioration of this biophysical environment. The degradation done in the shade of development was supposed to be multidimensional out of which only partial approach is followed. We have done wonders in term of economic development, political development, scientific advancement and many other; but at the same time left behind the ecological and moral development with this blind run of unbalanced development the need for sustainable development arises which is commonly defined as “Development that meets the needs of present generation without compromising the ability of future generations to meet their needs.”Sustainability describes the tripods of development as – Environment concerns, economic resource base and social goals. Being evident that development cannot be considered in isolation from sustainability which safeguards coming generations it signifies that there are some “limits to growth” or limits to development”. A positive check on the interruptions of disastrous development on environment can be done by three factors - Ethics, Education and Legislation.
Keywords- Environmental Laws, Sustainable Development, Constitutional Articles.
Introduction The initiation of legislation for environment protect environment including acts on protection began globally with the UN Wildlife, Forests, Air, Water, coastal conference at Stockholm in 1972 followed by regulations, Biodiversity Act and many more. 1983 Brundtland commission, Earth summit In addition the government also provides the of 1992, Earth summit +5 1997, world green benches, National Environment summit on sustainable development (2002), Tribunals, Eco mark, Bio safety protocol, Rio +20 (2012). With every assembly of Environment Impact Assessment for world countries in these commissions now strengthening the laws. targets and laws were formulated, also the implementation plans were put up. Despite all these the judicial processes in Indian environmental laws are a result of India is sluggish, expensive and tedious. international conventions and judicial Deficiency of awareness in citizens, lack of Pronouncements. Indian constitution remuneration for environmental cases result provides the protection laws for environment into a moribund system. “The Environment in its core pronounced in fundamentals rights though clearly stated to be an important and Directive principals of state policy and agenda in our lengthy constitution has always fundamentals duties. Although the received a lower pedestal in comparisons to environmental laws of India accommodates development “. India have all laws that need several acts and constitutional power to to be there. A proper planning along with
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sincere execution avoiding the political Articles. The Stockholm Declaration that gimmicks may plug the lacunae. “Man has the fundamental right to freedom, equality and adequate conditions of life, in an Environmental Laws of India environment of a quality that permits a life of Environment is a global issue whose effects dignity and well-being, and he bears a solemn impact regardless of borders. Environment responsibility to protect and improve the concern globally and its law formulation environment for present and future started in the year 1972 with Stockholm generations.” can be retraced in the Declaration by group of nations to which Fundamental Rights, directive principles and India was also one of the signatory. fundamental duties enshrined in the constitution of India. The Stockholm conference precipitated Indian Government to lay foundation of The 42nd amendment of the Constitution took National Council for Environmental Policy place in 1976 which incorporated two and Planning with Department of Science and significant Articles to protect the Technology. Later on this body became the environment. Ministry of Environment and Forest in 1985. Hence, Supreme Court of India has referred Article 48A - The state shall endeavor to to the Stockholm Declaration to be the Magna protect and improve the environment and to Carta of our Environment and Sustainable safeguard the forest and wildlife of the Laws2. country.
India follows a dualistic theory of Article 51-A(g) – It shall be the duty of every implementing international laws. Firstly, citizen of India to protect and improve the through formulation of National Laws and environment including forests, lakes and secondly through reference to several wildlife and to have compassion for living declarations as “enacted/adopted”. These are creatures. informally transformed into customary Also Articles 14, 19 and 21 reflects the same International Laws. As retreated by Hon’ble spirit. Apex Court in Jolly George Varghese Vs. Article 14 – Right to Equality: The state shall The Bank of Cochin3, wherein it was held that not deny to any person equality before the law the executive power of the Government of or equal protection of the laws with in the India to enter into international Treaties does territory of India. not mean that international law, ipso facto, is enforceable upon ratification. The Supreme However, in Sushila Saw Mills v/s State of Court observed that the Indian Constitution Odisha7 it was held by the Hon’ble Apex followed the 'dualistic' doctrine with respect Court that the equality and freedom to trade to international law. Consequently, the Court and business have certain restrictions and held that international Treaties do not such restrictions can be imposed where the automatically form part of international law, larger interest of public is involved especially unless incorporated into the legal system by a when entire environment is at stake. legislation made by the Parliament. Article 19(1) (g) – Freedom of trade and business guaranteed: All the citizens shall The soul of Indian Legislation i.e. our have the right to practice any profession, Constitution not only promises a healthy trade or business. environment to the citizens but also has Article 19 (6)- Nothing in sub-clause (g) of various provisions to safeguard it through the said clause shall affect the operation of ______ISBN No. 978-93-5396-760-4 10
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any existing law in so far as it imposes, or degradation of environment. To resolve this prevent the State from making any law issue, the doctrine of sustainable imposing, in the interests of the general development has come up. i.e., there must be public, reasonable restrictions on the exercise balance between development and ecology. of the right conferred by the said sub-clause, Environmental degradation is not justified on and, in particular, nothing in the said sub- the stake of national interest. According to the clause shall affect the operation of any socio-economic needs of the country, existing law in so far as it relates to, or administrative and legislative strategies for prevent the State from making any law harmonizing environmental and relating to- developmental values should be formulated. To enhance the efficiency of legislation the (i) the professional or technical qualifications 7th schedule of the Constitution under Article necessary for practicing any profession or 246 furnishes three lists each of Union, State carrying on any occupation, trade or business, and Concurrent giving them exclusive or legislation powers ensuring justice to environmental issues. (ii) the carrying on by the State, or by a corporation owned or controlled by the State, The nation provides numerous environmental of any trade, business, industry or service, laws which are as follows – whether to the exclusion, complete or partial, 1. Wildlife Protection Act 1972. of citizens or otherwise. 2. Water Act 1974. 3. Forest Act 1980. From the above it is clear that Article 19 (6) 4. Air Prevention and Control Act 1981. curtailing attempt to misuse this freedom puts 5. Environment Protection Act 1986. “reasonable restrictions which can be 6. Public Liability Insurance Act 1991. imposed upon such right in the interest of the 7. The Biological Diversity Act 2002. general public”. It puts restrictions on action which adversely affects the natural resources The Wildlife Protection Act was passed on 9th of the country. In the case of M.C. Mehta v/s September, 1972 and was amended in 1976, Union of India4, the river Ganga was being 1982, 1991, 1993 and 2003. The ten chapters polluted by the discharges of the tanneries and six Schedules including 66 sections of the which were operating on its banks. The act protects the wild animals, birds, and Supreme Court ordered the firm to establish plants by prohibiting hunting, harvesting of effluent plants within six months of the court species, poaching, and illegal trade of order or face closure. wildlife, endangered flora and fauna and their derivatives, applicable to entire domain of Article 21- Right to Life. – No person shall India except J&K. National Parks, be deprived of his life or personal liberty Sanctuaries are also protected from illegal except according to procedure established by activities in purview of this act. law. The fresh amendment of 2003 has made punishment of defaulters more severe which The Hon’ble Apex Court in RLEK v/s State includes imprisonment upto 7 years and a fine of U.P.6 laid down that The Constitution of upto rupees 25000. India guarantees the Right to wholesome environment as a fundamental right under Water Prevention and Control of Pollution Article 21. Industrialization leads to Act 1974, amended in 2003 extends its development which further leads to the jurisdiction to streams, inland waters, sub- ______ISBN No. 978-93-5396-760-4 11
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terranean water, sea or tidal waters. Environment Impact Assessment 1994 (EIA) Provisions of the act are enacted through the is another arm of EPA extracted from its third Central Pollution Board (SPCB). and fourth section, is also inspired by the Elaborating the terminologies of pollution, principle 14 of Stockholm and 17th principle sewage effluents, trade effluents, prescribes of Rio Declaration. the standards of discharge. Crossing the It is defined as the systematic identification permissible limits invites penalties including and evaluation of the potential impacts of a fine upto rupees 5,000 and imprisonment proposed projects, plans, programs in upto three months. concern to physical, chemical, biological, cultural and socio-economic components of Air Prevention and Control Act 1981 is a the environment. causatum of Stockholm declaration, 1972. There are many cases in which government The act defines air pollutant, approved and public worked cordially to imply EIA and appliances, control equipments, emissions terminated projects seeming unfavorable on etc. environmental grounds. The CPCB and SPCB has set standards and Such as two projects were rejected by MoEF the act says that no person shall without the and state authority. The Kochi Stadium of previous consent of the State Board establish Kerela Cricket Association and the Sewage or operate any industrial plant in an Air treatment plant based on their viability near Pollution Control Area. water bodies.
The Environment Protection Act 1986 is also The Biological Diversity Act 2002 came into a ramification of Stockholm declaration, being as a result of UN Convention on (1972) and stands as an umbrella body of Biological Diversity at Rio (1992). The Act legislation for environmental protection. broadly encompasses conservation of The Ministry of Environment and Forest biological diversity and sustainable use of its following the act lays down standard for components. environmental quality, discharge of India being a signatory of the convention on environmental pollutants, rules for locating International trade in Endangered Species of industry and handling of hazardous Wild fauna and flora (CITES) has made laws substances. looking into international trade of flora and The unlawful deeds sustain extended fauna. Adding to the dynamism to Indian imprisonment upto seven years and a fine Legislation an important step was taken by upto one lakh rupees. Hon’ble Apex Court under the aegis of Justice Kuldip Singh and S. Saghir Ahmed in The Ministry of Environment and forest April, 1996 who commanded the Learned (MOEF) declares coastal stretches as Coastal Chief Justice of Calcutta High Court to Regulation Zone (CRZ) 1991and notifies it constitute a Special Divisional Bench for hear under section three of EPA (1986) for environmental petitions and thus framing the regulating activities in the CRZ5. very first “Green Bench” in India. The act put prohibition on dumping of ash or This initiative made redressal of any waste from thermal power stations, or environmental disputes more effective. setting up and extension of units for disposal Further, the environmental reforms were of waste and effluents in CRZ without more strengthened by passing of bill in clearance from MoEF. parliament by the legislature in the year 2000 regarding NGT (National Green Tribunal)
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
which lead to establishment of National construction and rehabilitation of the Green Tribunal on October 18, 2010. affected. The Hon’ble Supreme Court has India being the third nation across the world given green signal to construction of dam but after Australia and New Zealand to enact also ordered rehabilitation of the affected such Special Act which evolved under the population and has directed the union ambit of Right to Life enshrined in Article 21 government to keep a check on the rising of the Constitution of India and tenors of the height of the dam through Grievance principles laid down under the Rio Redressal Authorities₁. Declaration of 1992 between the Internationals. The next case has delivered the biggest judgment till date. The NGT cancelled the The National Green Tribunal must dispose Steel plant being built by South Korean giant the case in 6 months and vows to provide POSCO, sending back an investment $12 relief to victims of pollutants and other millions. It has been a hotly debated case environmental damages; through polluter pay because of its location which could take away principle, principle of sustainable large tracks of forest land of Odisha and cause development, absolute liability and others. tribal and human rights violation, human NGT has aptly given relief in many cases and displacement and potential large scale ensured sustainability of environment, some environmental and ecological disaster8. instances such as in a case regarding coal field thermal plant the residents of a town in In another case of MC Mehta v/s Union of Maharashtra were opposing the expansion of India in which a hotel was constructed over the thermal plants in the region. river Beas which interfered with its flow, the In the order the tribunal directed the Union court ordered the Hotel to pay compensation Ministry of Environment and Forest to make to reverse the damage to the ecology and also a detailed assessment of the estimated held that property meant for public use could radiation that thermal power plants are not be transferred to private ownership₃. causing in the country. Further the tribunal asked the MOEF to get prescribed national Conclusion standards from Department of Atomic With our population and vulnerable ecology, Energy (DAE) on permissible level of compliance ratio of the monitored industries nuclear radiation in residential, industrial and being less than 50% and the economy resting ecologically sensitive area within a year. heavily on the extinguishable natural In the last two and a half decades the recourses, sustainability is the next big contribution of the Indian Judiciary to the challenge for the country. The new tomorrow evolution of environmental law region has which India hopes to see within its economic been commendable. flash light requires intense debate about environmental viability. In this scenario the The numerous cases pertaining to environmental agenda is immense. environment and sustainable development Consultation with public, regulated the judiciary have given remarkable justice community and various wings of government providing relief and protection to the same. will become vital. Few of them are as follows:
The Narmada Bachao Andolan vs Union of India1 is the largest environmental law dispute which demands the halt in dam ______ISBN No. 978-93-5396-760-4 13
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References Abatement of Pollution”, para3.3, February 1. Dinkar Shukla "Verdict on Narmada 2000". 26, 1992. Press Information Bureau, Government of 6. RLEK vs State of Uttar Pradesh Reported in India. AIR 1985 SC 652 2. Essar Oil Ltd. v. Halar Utkarsh Samiti, 7. Sushila Saw Mill V/s State of Orissa & Ors [2004] 2 S.C.C. 392 Reported in (1995) 5 SCC 615 3. Jolly George Varghese Vs. The Bank of 8. Www.livelaw.com Lavasa Petitions Can be Cochin Reported in [AIR 1980 SC 470] Heard BY Green Tribunal, Says HC- 4. M.C. Mehta v. Kamal Nath, AIR 2000 SC http://economictimes.indiatimes.com/news/ 1997: 1997(1) SCC 388 newsby-industry/indl-goods-/-svs/metals- 5. Ministry of Environment and Forests, mining/lavasa-petitions-can-be-heard-by- Government of India, “Policy Statement for green-tribunal- hcuggests/articleshow/10754888.
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Intellectual Property Right: A Significant Tool for Biodiversity Conservation
Dr. Anita Gajraj Assistant Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract The urgent need to ensure the conservation of biological diversity is now widely recognised, but practical measures to protect endangered species and habitats are still carried out on a small scale and generally limited to developed countries. The last few years have seen a range of significant developments related to intellectual property rights (IPRs) and biodiversity. The present paper describes about the biodiversity, Intellectual Property Rights and IPR importance to manage and conserve biodiversity.
Keywords: Biodiversity, Intellectual Property Rights, CBD, TRIPS
Introduction The earth is home to a rich and diverse kind man’s needs over thousands of years. This of living organisms, whose genetic diversity diversity of living creatures forms a support and relationships with one another and with system, which has been used by each their physical environment constitute civilization for its growth and development. biodiversity [1]. The variety of life on Earth Those that used this “bounty of nature” and its biological diversity is commonly carefully and sustainably survived. Those referred to as biodiversity. Biodiversity in its that overused or misused it disintegrated. broadest sense refers to all of the organisms Forests constitute an important component of on the planet earth, their homes or habitats, the physical environment on Earth. They not and the systems that support them. Our only are home to the biological diversity but understanding of biodiversity depends first also protect the watersheds and maintain their upon our ability to know what we have. productivity. Water resources of the State are dependent upon the health and continued Biodiversity: Biodiversity means the cover of forests. Forests influence the variability among living organisms from all microclimate of an area and thus locally sources including, terrestrial, marine and affect the rainfall rates. Also a large number other aquatic ecosystems and the ecological of communities are directly dependent upon complexes of which they are part; this the forests for meeting their direct material includes diversity within species, between subsistence needs. species and of ecosystems. In the simplest sense, biodiversity may be defined as the sum The flora and fauna of a particulate total of species richness, i.e. the number of geographical area also have great economic species of plants, animals and value, which provides among other things, microorganisms occurring in a given region, food, medicines, energy, paper and other country, continent of the entire globe. wood products. Ecological sustainability in Broadly speaking, the term biodiversity agriculture, forestry and fisheries relies on includes genetic diversity, species diversity, managing biodiversity responsibly, and ecosystem diversity and habit diversity. The improving understanding of the processes great variety of life on earth has provided for that regulate biodiversity. The challenge lies ______ISBN No. 978-93-5396-760-4 15
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
in balancing the exploitation with the Source: ENVIS[4], BSI[5], IUCN Red List[6] preservation of biological resources so that the natural processes that sustain our Table 2- Comparative account of recorded biodiversity are not impaired. number of animal species in India and the world. India, a land of physical, cultural, social and Taxa Species Percentage linguistic diversity endowed by nature with of India to enormous biological diversity. India has 12% the world India World of the recorded world’s flora. India ranks Protista 2577 31290 2.84 amongst one of the 12 mega biodiversity Mollusca 5070 81000 3.26 countries of the world and contains 17,000 Arthropoda 68389 990000 6.91 flowering plant species. It accounts for 8% of Other 8329 130200 6.40 the global biodiversity with only 2.4% of the invertebrates total land area in the world [2,3]. Protochordata 119 2106 5.65 Pisces 2546 30000 8.49 Biodiversity at global and country level: Amphibia 209 6199 3.37 It is estimated that there exists 5-50 million Reptilia 456 8240 5.53 species of living forms on the earth. Aves 1232 9956 12.37 However, only 1.7 million have been Mammalia 390 5416 7.20 identified so far. These include 4,27,205 Total 89317 1294407 6.90 species of green plants, fungi, bacteria and Source: IUCN Red List [6], MoEF [7] viruses; 61,917 species of vertebrates and protochordata; and12,32,490 species of Intellectual property rights (IPR): invertebrates including protista. Comparative Intellectual property is a category accounts of recorded plant and animal species of property that includes intangible creations in India and the world have been given in of the human intellect. Intellectual property Table 1 and 2. rights include patents, copyright, industrial design rights, trademarks, plant variety Table 1- Comparative account of recorded rights, trade dress, geographical number of plant species in India and the indications, and in some jurisdictions trade world. secrets. There are also more specialized or derived varieties of sui generis exclusive Taxa Species Percentage rights, such as circuit design of India to rights, supplementary protection the world certificates for pharmaceutical products India World (after expiry of a patent protecting them), Bacteria 850 8050 10.56 Viruses Unknow 4000 - and database rights. The term "industrial n property" is sometimes used to refer to a large Algae 6500 40000 16.25 subset of intellectual property rights Fungi 14500 72000 20.14 including patents, trademarks, industrial Lichens 2021 55000 14.97 designs, utility models, service marks, trade Bryophyta 2825 17000 16.62 names, and geographical indications. Pteridophyta 1200 13025 9.21 Gymnosper 48 980 4.90 ms Biodiversity and IPR: Indigenous Angiosperms 18000 258650 6.69 knowledge of biodiversity, information about Total 45944 427205 10.75 its usage and values considered one of the Intellectual properties. Plant species provide ______ISBN No. 978-93-5396-760-4 16
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a variety of products like food, medicines and and the CBD is multifaceted and complex. raw materials. Some plant extracts are used in Three primary issues deserve consideration in the manufacture of glue, soaps, cosmetics, examining this relationship: (1) promotion of dyes, lubricants and polishes. The plants also environmentally sound technology, access to provide an important source of renewable and transfer of such technology; (2) provision energy. Across the cultures, knowledge about of incentives for conservation and sustainable use of medicinal plants exists in the form of use of biological resources; and (3) handling local folklore available with families, tribes of technology that may adversely affect the and cultures, handed down from generation to environment. generation. Some of this knowledge also exists in written form as well, but is difficult In the fast developing world of today, when to interpret due to the local script used. Due multilateral trade between different countries to this improper and unstandardized is the order of the day, the agreement on documentation of traditional knowledge, TRIPs, which was signed by 138 Countries patents are often granted to parties who are (as on July, 2000), was by far the most traditionally not the owners of this important legislation to have been drawn up knowledge, thereby, leading to conflict in in order to provide protection to the IPR trade interests of the parties involved. holders against the differences in legal provisions on IPRs in various countries. IPRs Moreover, a part of the profits made by the developed as economic or commercial patent holders also does not flow back to the property rights over various forms of holders of traditional knowledge, thus knowledge. IPRs create government leading to discontent amongst the latter [8]. sponsored monopolies over knowledge, The management of biological resources has processes, products, innovations, inventions, been an increasingly contentious subject at even over naturally-occurring plants, the national and international levels. This is animals, human genetic material, linked in large part to the progressive microorganisms, and parts or components of recognition of new economic opportunities plants and animals, such as genes, cells, DNA arising from the use of biodiversity, primarily sequences and biological, microbiological the possibilities opened-up by genetic processes and non-biological processes. engineering, in particular genetically Without government intervention these could modified seeds. As a result, international not be monopolized. Essentially, IPRs are legal frameworks for the management of legal means used to appropriate knowledge. biological resources—in particular the The IPRs regime reduces knowledge to a Convention on Biological Diversity (CBD) commodity which can be privately owned by have had to increasingly take into account not an individual, legal person (e.g., only the needs of biodiversity conservation corporations) who claim exclusive rights over but also concerns about its potential for this. economic use and its contribution to the process of economic development. Some other forms of IPRs could be used for protecting indigenous and local community The adoption of the CBD, which provided a knowledge. These include copyright, and framework for the realisation of sustainable know-how licences [9]. In addition, a number development, was followed by the TRIPs of other international treaties (though not Agreement where the emphasis was on legally binding) could well be used for protecting the rights of the inventors. The countering the threat of current IPR regimes. relationship between the TRIPs Agreement These include the FAO Undertaking on Plant ______ISBN No. 978-93-5396-760-4 17
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Genetic Resources, the ILO Convention 169 Conclusion on indigenous peoples, the International Successful development of biological Covenant on Economic, Social and Cultural diversity will depend upon creative Rights, the UNESCO/WIPO Model relationship that can be nurtured between two Provisions for National Laws on Protection opposite poles–formal innovative and of Expressions of Folklore, the Universal community systems. For this to work, Declaration of Human Rights, the UN Draft policymakers must implement technology Declaration on the Rights of Indigenous transfer with a strong inclination towards Peoples and others[10]. active participatory approaches to research and extension. Active participation means Intellectual property rights (IPRs) in exercising practical power and command biodiversity become part of the economic and over genetic resources by farmers and rural policy landscape. There is an urgent need to people that would be reciprocated by the ensure the conservation of biological formal system with their analysis, diversity, which is now widely recognized, experimentation, professional, institutional but practical measures to protect endangered and policy changes from time to time in order species and habitats are still small-scale and to discharge our international obligations and generally limited to developed countries. at the same time keeping in view of Diversity of traditional knowledge system on sustainability of biodiversity. Ultimately, the use of medicinal plants as well as the resource reason to conserve our genetic diversity and itself is facing a major challenge in the area to encourage innovation out of these of patents and IPRs. The major International biogenetic resources is to improve the quality Regulations effecting IPRs and traditional of human life and this should be kept in mind knowledge are "Convention on Biological always before any invention or policy Diversity" (CBD) and "Trade Related changes, otherwise our very existence will be Intellectual Property Rights" (TRIPs). In at stake. order to comply with the TRIPs (Trade Related Intellectual Property Rights) and References CBD (convention on Biological Diversity) 1. Ramachandra T.V. and Suja A. (2006) India has passed Indian Patent (Second Sahyadri: Western Ghats Biodiversity Amendment) Act, 2002 and the Biological Information System. Biodiversity in Indian Diversity Bill, 2002 respectively. According Scenarios. Editor N. Ramakrishnan. Daya to this Amendment Act, 2002 the duration of Publishing House New Delhi. the term of patent has been extended to 20 2. Hajra P.K. and Mudgal V. (1997). Plant years for all product and process (under the diversity hotspots in India – An Overview, existing Act of section 53 as well as those BSI India. included in the present bill) patents. Now 3. Reddy C.S. (2008). Catalogue of invasive microorganisms are also patentable subject in alien flora of India. Life science Journal, 5(2): India. In addition, new plant varieties can get 84 – 89. PBR certification in India as India has joined 4. ENVIS. (2006) Environmental Information recently in UPOV (1978 Act). Earlier India system. has also passed Plant Protection Bill to 5. Botanical Survey of India (BSI) report develop a sui generis system (a system of its (2006). Plant Biodiversity in India. own). The deposit of biological materials has 6. IUCN Red List (2007). International Union also been included in compliance with the for Conservation of Nature and Natural Budapest Treaty. Resources.
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7. MoEF (1999). Annual Report, Ministry of Environment & Forests, Government of India, New Delhi. 8. Biswal M. and Biswal D. (2003). Issues relating to traditional knowledge systems and Intellectual Property Rights (IPRs). XII World Forestry Congress. Quebec City, Canada. 9. Tobin B. (1997). Know-how Licences: Recognising Indigenous Rights Over Collective Knowledge. Bulletin of the Working Group on Traditional Resource Rights, Winter 1997. 10. Posey D.A. (1996). Traditional Resource Rights: International Instruments for Protection and Compensation for Indigenous Peoples and Local Communities. IUCN - The World Conservation Union, Gland.
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Bioprospecting and Biopiracy: Impact on Biodiversity
Dr Aparna B Rathore Assistant Professor, Department of Botany Kanoria P G Mahila Mahavidyalaya, Jaipur Email: [email protected]
Abstract Bioprospecting is the process of innovation and commercialization of new products based on biological resources useful in many fields like pharmaceuticals, agriculture, bioremediation, and nanotechnology. While, biopiracy is a practice in which ethnic knowledge of nature, originating with tribal, is used by others for profit, without approval or reimbursement to the ethnic people themselves. It ultimately leads to the denial of the rights, of the country of origin. Both, bioprospecting and biopiracy have become the fastest spreading mafia in the world today. Biodiversity is the variation of life forms including genes and species within a given ecosystem, biome, or an entire planet. Around 90% of the world's remaining biodiversity is concentrated in tropical and sub-tropical regions within developing countries, especially in key centers of mega- diversity. But the endemic biodiversity of many nations especially the developing nations is at risk due to bioprospecting and biopiracy. This paper based on secondary sources, attempts to critically analyze how by bioprospecting and biopiracy the developed nations have patented the natural herbs and their bioproducts, already in use since centuries by the indigenous peoples of the developing nations. This paper makes recommendations to protect biodiversity against biopiracy and bioprospecting.
Keywords: Biopiracy, bioprospecting, biodiversity protection
Introduction Biodiversity is highly complex, varied and water, fertile soil, medicines, shelter, dynamic foundation of life on the earth. protection from storms and floods, stable Biodiversity is the variation of life forms climate etc. without which human cannot including genes and species within a given live. The endemic biodiversity of many ecosystem, biome, or an entire planet. nations especially the developing nations is at Around 90% of the world's remaining risk due to bioprospecting and biopiracy1. biodiversity is concentrated in tropical and Recently, the major issue involving biopiracy sub-tropical regions within developing is the exploitation of biological resources or countries. Biodiversity can be divided into knowledge of farmers and traditional three categories, 1) Ecosystem diversity communities and indigenous tribes by many (includes climate, soil, water, fire, rocks, organizations and multinational companies wind, landscapes etc.), 2) Species diversity for patents. The innovations and discovery of (diversity among species) and 3) Genetic the pharmaceutical and agricultural diversity (genetic variation in a population researches are not new as to qualify as and among different populations of the same invention as they are based on centuries of species). Biodiversity is crucial for the knowledge of the traditional societies3. This functioning of ecosystems which provide paper, based on secondary sources, attempts products and services like oxygen, food, fresh to critically analyze how by bioprospecting
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and biopiracy the developed nations have from the local habitat. Most Traditional patented the natural herbs and their Knowledge is handed down through bioproducts, already in use since centuries by generations of the tribal or agricultural the indigenous peoples of the developing people. Components of Traditional nations. This paper also makes Knowledge that are especially relevant to our recommendations to protect biodiversity global survival include knowledge of food, against biopiracy and bioprospecting. crop varieties and agricultural/farming practice; sustainable management of natural Bioprospecting and Biopiracy resources and conservation of biological Bioprospecting is the process of innovation diversity; and biologically important and commercialization of new products based medicines3. Very few fortunate indigenous on biological resources useful in many fields people get tiny benefits from these companies like pharmaceuticals, agriculture, who are profited in millions. In the recent bioremediation, and nanotechnology. past, several cases of biopiracy of TK from Bioprospecting which involves quest for India have been reported. The following are prospective useful biological resources with the most prominent cases with regards to their indigenous knowledge can be attributed misappropriation of TK from India6. as the primary cause leading to biopiracy1. While, biopiracy is a practice in which ethnic 1). Turmeric Patenting: Turmeric is a knowledge of nature, originating with tribals, tropical herb grown in east India and its is used by others for profit, without approval powder is widely used in India as a medicine or reimbursement to the ethnic people (blood purifier, cold, and skin infections), a themselves. It ultimately leads to the rejection food ingredient and a dye7. In 1995, the of the rights, of the country of origin. Both, United States awarded patent on turmeric to bioprospecting and biopiracy have become University of Mississippi medical center for the fastest spreading mafia in the world today. wound healing property and they were Biopiracy involves: 1) introduction of new granted exclusive right to sell and distribute plant varieties 2) introduction of new living it. The Indian Council for Scientific and organisms 3) production of pharmaceuticals Industrial Research (CSIR) had objected to and 4) privatization of traditional knowledge. the patent granted and provided documented Biopiracy operates through unfair application evidences from 32 references in Sanskrit, of patents to genetic resources and traditional Urdu and Hindi of the prior Indian art to knowledge. Biopiracy has resulted in USPTO. Therefore, the USPTO revoked the affecting biodiversity leading to extinction of patent, stating that the claims made in the endemic living organisms, depletion of patent were obvious and anticipated, and biodiversity and privatization of bio treasures agreeing that the use of turmeric was an old of the country and has a negative impact on art of healing wounds2. Therefore, the the economy of the country as well1, 5. Traditional Knowledge (TK) that belonged to India was safeguarded in Turmeric case. An Biopiracy: National wealth degradation internationally enforced patent on the "use of and loss of cultural values turmeric in wound healing" would mean that Traditional knowledge is associated with suddenly hundreds of millions of Indians biological resources which in turn is a would have to pay in order to apply turmeric component of biodiversity. Traditional to their wounds. This would have caused an Knowledge naturally includes a deep outflow of money from India to the U.S. in understanding of ecological processes and the the form of licensing fees totaling to about $3 ability to sustainably extract useful products billion as estimated by TRIPs. ______ISBN No. 978-93-5396-760-4 21
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Patent monopolies on plants, animal 2). Neem Patenting: The patent for Neem varieties, genes and on new medicines was first filed by W.R. Grace and the threaten to harm developing nations in three Department of Agriculture, USA in European ways; 1) by raising prices for most citizens; Patent Office (EPO). They started importing 2) by blocking the local production; 3) by neem seed due to which neem price rose from forbidding farmers to continue breeding them INR 300 to INR 3000-6000 per ton making it as it has been done for several hundred years. unaffordable for the local farmers. A legal Hence the developing nations need to protect opposition to this patent was lodged by the their citizen’s interest by shielding them from New Delhi-based Research Foundation for such illegal patents6. Science, Technology and Ecology (RFSTE), in co-operation with the International Protecting Biodiversity against Federation of Organic Agriculture Bioprospecting and Biopiracy Movements (IFOAM) and Magda Aelvoet, International Biodiversity Law before 1992 former green Member of the European were not stringent and anyone including Parliament (MEP). A tree legendary to India, researches, scientists, tourists, could simply Neem seeds contain azadirachtin used as an arrive at a field site, collect samples of plant, astringent and its barks, leaves, flowers, seeds microbes and animals and take them home are used to treat a variety of diseases ranging because living species were regarded as the from leprosy to diabetes, skin disorders and common heritage of mankind. On that basis, ulcers. Evidences were submitted of ancient as common resources, private companies and Indian ayurvedic texts describing medicinal individuals could take and use the resources property for curing dermatological diseases without stating justifications or giving in humans and in protecting agricultural compensation1. plants form fungal infections. The EPO identified the lack of novelty, inventive step Convention on Biological Diversity (CBD): and possibly form a relevant prior art and CBD governed by the Conference of the revoked the patent2. Parties (COP) entered into force on 29th December 1993, is based on the principles to 3). Basmati patenting: The US patent office strengthen the national protection against granted a patent to 'RiceTec' in 1997 for a biopiracy. CBD is an international legally- strain of Basmati rice, an aromatic rice grown binding treaty with three main goals (Article in India and Pakistan for centuries. The 01): conservation of biodiversity; sustainable company claimed that it had invented certain use of biodiversity; fair and equitable sharing "novel" Basmati lines and grains "which of the benefits arising from the use of genetic make possible the production of high quality, resources. Under Article 38 of the CBD, higher yielding Basmati rice worldwide." The sovereign has national rights over biological Indian Government had pursued to appeal resources enables developing countries to get only 3 claims out of 20 claims made in the better benefits from their biological resources original patent application of RiceTec Inc. and traditional knowledge pertaining to them. Three strains development by RiceTec are Under Article 8(j), CBD requires each state allowed patent protection and they are party to respect, preserve and maintain eligible to label its strain as "Superior knowledge, innovations and practices of Basmati Rice". This case is an example of indigenous and local communities problems illustrated in TRIPS with regards to embodying traditional lifestyles relevant for patenting biotechnological processes2. the conservation and sustainable use of biological diversity4. CBD has two ______ISBN No. 978-93-5396-760-4 22
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supplementary agreements – Cartagena informed consent and benefit sharing with Protocol and Nagoya Protocol. communities. Disclosure of such information by patent applicants will result in reducing Cartagena Protocol (2003): The Cartagena the chances of exploitation of traditional Protocol on Biosafety to the CBD adopted on knowledge propagated among local 29 January 2000 and entered into force on 11 communities6. September 2003, is an international agreement which aims to ensure the safe The Indian Parliament has passed legislation handling, transport and use of living modified and also made amendment to existing organisms (LMOs) resulting from modern legislation for protecting interest of biotechnology that may have adverse effects communities in traditional knowledge. on biological diversity, taking also into National Biodiversity Act protects traditional account risks to human health4. knowledge by regulating use of such information by a foreigner, Indian citizen, Nagoya Protocol (2010): The Nagoya and body corporate controlled by Protocol on Access Benefit Sharing (ABS) foreigner/Indian citizen. Section 3 (p) of the was adopted on 29 October 2010 in Nagoya, Indian Patent Act, 1970, also bars the patent Japan and entered into force on 12 October protection for invention involving use of 2014. The Nagoya Protocol on Access to traditional knowledge or any duplication or Genetic Resources and the Fair and Equitable aggregation of such knowledge. Further, Sharing of Benefits Arising from their there is protection provided under Protection Utilization to the CBD is an international of Plant Varieties and Farmers Rights Act agreement which aims at sharing the benefits 2001, Geographical Indication of Goods arising from the utilization of genetic (Registration and Protection) Act 1999, and resources in a fair and equitable way, by Scheduled Tribes and other Traditional appropriate access to genetic resources and Forest Dwellers (Recognition of Forest by appropriate transfer of relevant Rights) Act, 2006. Other initiatives by India technologies, taking into account all rights include Traditional Knowledge Digital over those resources and to technologies, and Library (TKDL) which is a digitized by appropriate funding, thereby contributing traditional medicinal knowledge available in to the conservation of biological diversity and public domain and provides contents of the the sustainable use of its components5,8. ancient texts on Indian Systems of Medicines i.e. Ayurveda, Siddha, Unani and Yoga, into Bio-piracy preventive action by India five international languages, namely, India has always been at the forefront when it English, Japanese, French, German and comes to a debate about misappropriation of Spanish, with the help of information its traditional knowledge by corporate entities technology tools and an innovative and foreign research organizations makes use classification system - Traditional of traditional knowledge illegally and reaps Knowledge Resource Classification (TKRC) benefits out of such exploitation by patenting Bio-piracy and Misappropriation of TK. them, without prior consent of communities TKDL by 2005, spanned more than 34 and without sharing any benefits with them. million pages of Indian literature. It was India along with developing countries is identified by the TKDL expert group in 2005 demanding mandatory disclosure under that annually around 2000 patents were Patent law of two kinds of information by granted around the world erroneously patent applicants: • Source or origin of concerning Indian system of medicine by biological resources; and • Evidence of prior patent offices around the world. This ______ISBN No. 978-93-5396-760-4 23
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initiative was formulated in backdrop of indigenous people are given their freedom to revocation of patent on wound healing manufacture medicines without giving properties of turmeric at the USPTO and royalties to multinationals and the freedom to patent granted by European Patent Office cultivate and breed all sort of plants and (EPO) on antifungal properties of Neem. animals for agriculture. Provision of TKDL Access (Non-Disclosure) Agreements with several international patent References office's including USPTO, EPO, JPO etc. by 1. Akurugoda, C.L. (2013) Bio Piracy and Its Indian Government has led to many patent Impact on Bio Diversity: A Critical Analysis applications concerning India's traditional with Special Reference to Sri Lanka. knowledge have either been cancelled or International Journal of Business, withdrawn or claims have been amended in Economics and Law (2) pp: 48-52 several international patent offices6. 2. Balasubramanian S. (2017) India: Traditional Knowledge and Patent Conclusion Issues: An Overview of Turmeric, Basmati, The conservation of species, habitat, and Neem Cases. Retrived on 20th January 2020. biodiversity are essential to the continued http://www.mondaq.com/india/x/586384/Pa survival of indigenous and rural people. By tent/Traditional+Knowledge+And+Patent+I conserving the customs and habitat of ssues+An+Overview+Of+Turmeric+Basma indigenous persons we concurrently reduce ti+Neem+Cases emissions from deforestation and ecosystem 3. Cleveland, David A. & Murray, Stephen C. degradation. Furthermore, the opportunity for (1997) The World's Crop Genetic Resources cultural survival is a basic human right. The and the Rights of Indigenous traditional knowledge is facing a problem of Farmers. Current Anthropology, 38, pp. bioprospecting and bio-piracy. Integration of 477-515. stringent Environmental Protection Rules 4. Heinrich, M. (2002). Handbook of the into legislations and national development Convention on Biological Diversity: Edited projects are essential. Raising public by the Secretariat of the Convention on awareness relating to biopiracy and its Biological Diversity, Earthscan, London, impacts would help to arrest biopirates1. It is 2001. ISBN-9781853837371 necessary to establish a state funded research 5. Ragnar, J. (2004). Biopiracy, the CBD and and study groups on biotheft and biopiracy TRIPS-The prevention of Biopiracy, Master while encouraging local scientists to engage Thesis, Faculty of Law, University of Lund. in genetic researches. Developing countries 6. Rana, S. S, (2018) Biopiracy initiative by increasingly sees biopiracy as a significant India. Retrived on 20th January 29, 2020 issue that urgently needs to be addressed as https://www.cbd.int/abs/doc/protocol/nagoy many of them are mega biodiversity hotspots. a-protocol-en.pdf India, as a biodiversity hotspot, is taking a 7. Shiva, V. (1997) The turmeric patent is just leading role it committing to the protection of the first step in stopping biopiracy. Third its knowledge base. This is evidenced by the World Network, 86. government's creation of the Traditional 8. Watanabe, M. E. (2015). "The Nagoya Knowledge Digital Library (TKDL), which Protocol on Access and Benefit Sharing documents all practices of traditional International treaty poses challenges for treatment. The goal of this ambitious project biological collections". BioScience. 65 (6): is to preclude these treatments from being 543–550. patented as novel ideas6. What is righteous is that the third world communities and the ______ISBN No. 978-93-5396-760-4 24
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Biodiversity and Conservation of Salvadora Persica (Linn.) in Indian Arid Zone
Bharati Pareek Assistant Professor, Department of Botany Kanoria PG Mahila Mahavidyalaya, Jaipur E- mail: [email protected]
Abstract The Indian arid zone lies between 24o to 30o 5’ north latitudes and 70o to 78o 2’ east longitudes. The climate of Indian arid zone is characterized by extremes of temperature with very hot summers and in winter its falls at many places below freezing point and frost occurs while in summer heat is very intense and scorching, rainfall is scanty and highly erratic. S. persica (kharijal) is branched, evergreen, small tree or shrub which is commonly used for varied medicinal purposes. The plant is used as a source of food, fodder, lipids, gum and resins. The extract of the plant is used to make Meswak toothpaste. Besides these the plant is also grown to provide shelter-belts and windbreaks for agriculture crops. It is distributed throughout the arid and semi-arid ecosystem of world and helps in reclamation of sand dune habitats and saline soils in arid ecosystems. However, its population suffers from serious environmental problems such as deforestation, soil degradation, loss of biodiversity and unsustainable livelihoods. S. persica has high medicinal, economic and ecological values in arid and semiarid ecosystem. Nevertheless, its conservation status is highly threatened and detailed ecological study of S. persica is suggested to conserve its remaining population.
Keywords: S. persica, Biodiversity, Conservation, Ecological.
Introduction The Indian arid zone lies between 24o to 30o the country. It has been estimated that on an 5’ north latitudes and 70o to 78o 2’ east average, about 60% of desert lands are longitudes, covers an area of 3, 17,000 sq. distributed among non-crop categories km. Nearly1,96,150 sq.km is occupied by hot including forests, land put to non-agricultural desert located in parts of Rajasthan, Haryana, area, barren permanent pasture, trees, Punjab and Gujarat. Rajasthan is situated in cultivable wastes and long & short fallowers1. the north western part of India and lies Majority of arid lands in deserted between 23o3’ to 30o12’ north latitudes and environment are characterized by low 69o3’ to 78o17’ east longitudes. It covers an intensity of land use. area of about 3, 42,239 sq.km. The Indian arid zone is characterized by The arid zone of Rajasthan extended to the erratic and scanty rainfall, clear skies, high west Aravalli hill ranges and covers about day temperature in summer, high 0.21 million sq. km. which is approximately evapotranspiration, saline and sandy soil and 54% of the area of the entire state of poor vegetation. Intense solar radiation which Rajasthan. The Great Indian Desert is formed associated with high temperature, dryness of due to absence of moist monsoon air which is the air and storage of soil moisture are most the prime contributor of rainfall throughout important climate factors to which plant must
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adapt. Plant that habitually grow where whereas the seeded ones are either green or evaporation stress is high and water supply light purple. Fruit colours range from low, show characteristic adaptations to their greenish white to purple red. All the fruits do environment. not turn dark red maturity. The plant produces two types of seeds. The smaller type is purple The bulk of vegetation consists of stunted, brown and less than half in size as compared thorny or prickly shrubs and perennial herbs to the larger type which were greenish yellow capable of drought resistance. Xerophytes in colour. Pulp is sweet to taste but has very shows characteristic features like deep root, pungent odour and hence was known as dry hard and rod like thick or fleshy stems mustard of the Bible in the earlier times and with spines and indumentum well developed is eaten in the winter season, when the trees leaves either absent or much reduced. Since are laden with small fruits, 4. vegetation is the result of response of plants to many variables of climatic factors, no Medicinal Importance single character can be attributed to the The plant gives pungent smell and bitter taste. Indian arid ecosystem where protective It is used as antidote, antirheumatic, reaction of plants appears not in a single febrifuge, stimulant, alexiteric, aphrodisiac, adaptive feature but in a system of features analgesic, anthelmintic, diuretic, appetizer, functioning as a complex. To exist under such carminative, purgative etc. it is used for the conditions plants, need thermoregulatory treatment of wounds, sores, itch, scurvy, mechanism ensuring their generally constant inflammations, swellings of muscles and temperature and water regime, 5 & 2. joints, liver troubles, leukoderma, scabies, nose troubles, piles, biliousness, toothache, So, in the present studies, a preliminary study pains of all kinds, digestive disturbances, acts was carried out on the metabolic aspects of an as tonic and raises blisters on skin if brushed important desert tree, i.e. Salvadora persica bark is applied externally. The root paste is Linn. Growing in the natural habitats of N-W applied as substitute for mustard plaster and Rajasthan. their decoction is used against gonorrhea and vesical catarrh. Fresh root bark used as a Taxonomy vesicant and employed as an ingredient of S.persica is a typical desert plant, which snuff; decoction used as tonic and grows under sandy plains gravel soil as well emmenagogue. Stembark used for gastric as under saline conditions. Commonly known troubles and as ascarifuge. Decoction of as ‘Khara Jal’ belongs to the family leaves used in asthma and cough. Seeds used Salvadoraceae. It is a much branched, as purgative, diuretic, tonic and yield a fatty evergreen, small tree or a large straggling oil, which is applied on rheumatic swelling. shrub with spreading or drooping, more or less glaucous branches. For over a thousand years, S.persica has been commonly used as a chewing stick by the Leaves are soft and without any hair people of India, Arabia and Africa to keep covering. They are opposite, decussate, their teeth sparkling white and prevent tooth elliptic- lanceolate or ovate, obtuse and decay. Now the extract of the plant S.persica fleshy. Flowers are greenish yellow in colour. is used to make Meswak toothpaste. Fruits are smaller in size. 3 reported that the Worldwide scientific research has shown that some plant of S.persica produces fruit which Meswak helps protect teeth and germs are seedless as well as with seeds. Most of the against decay causing oral bacteria and helps seedless fruits reddish-purple in colour, prevent formation of plaque and tartar. ______ISBN No. 978-93-5396-760-4 26
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Meswak can also form a natural coating on Indian Desert the conservation of biodiversity tooth enamel which helps prevent cavities is essential not only to maintain the most and bleeding gums fragile ecological processes and life support system but also to ensure the sustainable Conclusion utilization of the species as well as the Salvadora persica is a large shrub or a small ecosystem. tree of the arid zone which also thrives well under high salt stress conditions. Apart from References its medicinal properties the tree could also be 1. Mann H S and Kalla J 1977 Asset-Liability utilized for carbon sequestration and storage. imbalances in agricultural sector of the As the tree grow slowly it can retain carbon Indian Arid Zone: Desertification and its for longer durations with comparatively control. ICAR, New Delhi, India, 324344 lesser economic cost and management skills. 2. Hellmuth, E O 1968 Eco-physiological Over exploitation over the last few decades studies on plants in arid and semi- arid have threatened the existence of this regions in Western Australia. I. Autecology important multipurpose tree. It’s urgent to of Rhagodia baccata, J. Ecol. 56:319-344 restoration and conservation of this plant is 3. Paul M S 1989 Seed patterns and adaptations severely required. of plants in Indian desert, Ph.D. Thesis, University of Jodhpur, Jodhpur, India. The increasing human and livestock 4. SEN D N and Chawan D D 1969 Search for populations are a serious stress particularly supplementary useful plants in Indian desert on the vegetal resources of desert. The and their ecology I. Salvadora persica Linn. indiscriminate felling of trees and shrubs by And S. oleoides Dence. Indian Forester 95; rural population for fuel, top feed, thorn 681-688. fencing and construction of thatched 5. Slatyer R O 1964 Efficiency of water hutments and grazing by animals has to lead utilization by arid zone vegetation. Ann. to large desertification. In context of the Arid Zone 3:1-12.
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Public Health and Intellectual Property Rights
Dr. Chetna Sharma* and Dr. Shalini Sharma Assistant Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding E-mail: [email protected]
Abstract Pharmaceutical industry occupies an important place in Indian economy as a major emerging research-oriented and research-based industry. Trade Related Aspects of Intellectual Property Rights (TRIPs) has brought new challenges and opportunities for this sector and proper analysis of all the factors responsible for successful gains from the market is essential for the researchers. The Indian pharma industry's success and survival will depend on how strategically and effectively it faces the upcoming challenges and opportunities in this sector. Till 2005 drugs for medical purposes were not patentable in India. Therefore, it was apprehended that the switchover from the non-patent regime to the patent regime would not be a smooth one. Comparing the price for same medicine among countries with and without patent regime for medicines, it was found that in some countries with patent right, the drug price was higher up to 41 times than in India prior to 2005 (with no drug patents). There is option for controlling the price by even provisions available in the TRIPs itself like compulsory licensing and parallel import (which requires political will). In this regard proper measures are required to be taken to protect indigenous knowledge mainly in the fields of traditional Indian System of Medicine. This would help in achieving a balance between corporate and communities by balancing the return on investment (ROI) approach and returns to community (RTC) approach to intellectual property issues. Many issues have come to the fore to influence the trade patterns. The traditional concept of the factors of the production in economics is changing in the present era of liberalized economy, particularly with coming into force of World Trade Organization in 1995. The role of knowledge as potential contributor to production is increasingly being recognized, thus assuming the status of a factor of production. This has significantly increased the importance of Intellectual Property Rights (IPRs) in the developmental process in the modern world. However, the general perception is that IPRs play a significant role only in the case of globalize industrial economy and has not worthwhile place in the area of social development. The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) includes Copyright and Related Rights, Trademarks, Geographical Indications, Industrial Designs, Patents, Layout-Designs (Topographies) of Integrated Circuits, Protection of Undisclosed Information, and Control of AntiCompetitive Practices in Contractual Licenses etc. within the scope of IPRs.
Keywords: Intellectual Property Rights, TRIP, Pharma Industry, Copyright
Introduction In developing countries, the issues of within a system, held by local individuals, traditional knowledge have assumed a critical families, lineages or indigenous dimension in the area of intellectual property communities. From time immemorial, these rights. The phrase “Traditional Knowledge” local individuals or communities have a implies the development and transmission of store-house of knowledge about their the knowledge from generation to generation geographical flora and fauna. However, the
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local individuals and communities do not establishment of WTO and the have the means to safeguard their traditional international enforcement of its various knowledge in the increasing global process of provisions; India also has made Intellectual property rights have grown to a corresponding changes in the intellectual position from where it plays an important role property regime. in the global economy’s development over the past two decades 7,8. Intellectual property Importance of IP in the Pharmaceutical rights are private rights. As an incentive for Industry innovation, they grant their holder the ability Intellectual Property is essential for the to exclude others from certain activities, such continued innovation of new medicines, and as using a product or process, for a defined holds utmost importance in the period of time. The control afforded by IP pharmaceutical industry. It helps in protection thus enables right holders to limit protection of medical inventions. Once a who can use the resource, and so claim the person or a company has designed or benefits of commercialisation with little developed a new drug or medical treatment, competition 9,11. they must protect it either by filing a Patent Application or by keeping it as Trade Secret. With the rapid advancement of science and technology India has started Intellectual Property leads to the developing new drugs and this proved to be a significant economic growth of a boon for Indian pharmaceuticals field. For pharmaceutical company by awarding the pharmaceutical companies, IPR is a sole intellectual property rights to the prerequisite for identifying, planning, inventor of a medication or treatment. All the commercializing, and protecting the marketing rights of the invention lie solely inventions. They also encourage healthy with the inventor with further options of even competition, which promotes industrial selling or licensing it. In the pharmaceutical development and economic growth 1,2. industry, Intellectual Property’s main interest Additionally, IPRs provide sufficient lies in public safety as it helps the consumers incentives to these companies for investing in in making the right choice while selecting a research and development. Intellectual medical product. Intellectual property rights property rights have grown to a position from help in ensuring a standard by assuring where it plays an important role in the global quality, which further establishes a reliable economy’s development over the past two and effective public health infrastructure 3. decade. The TRIPs (Trade Related Intellectual Property) regime has In the pharmaceutical industry, intellectual emerged as the basic framework for property rights offer encouragement to ensuring intellectual property rights develop drugs and vaccines for the new across the world. It is not the universal diseases discovered daily. They provide Intellectual property law. But it provides incentives for turning innovative ideas into a basic framework. Every member of possible new medications 10. Intellectual WTO should include TRIPs provisions in property rights allow pharmaceutical their domestic intellectual property companies to take strict actions against legislations 12. counterfeit drugs. Without such rights, countries across the globe would have a Intellectual property regime is difficult time in ensuring the safety of their anchored by legislations in the medical inventions. corresponding fields. With the ______ISBN No. 978-93-5396-760-4 29
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Status of Patent Laws in India 2010 became effective from 2012 After independence the non-availability or onwards. non-accessibility of important life-saving 6. Geographical indications: The medicines led the government to appoint two Geographical Indications of Goods committees to bring some viable changes in (Registration and Protection Act) 1999. the pre-existing patent laws in India. The 7. Layout design of integrated circuits: The recommendations eventually led to the Semiconductor Integrated Circuit Layout introduction of a new patent act of 1970. It Design Act, 2000 covered only process patent in 8. Plant Varieties: The Protection of Plant pharmaceuticals. The term of these process Varieties and Farmers’ Rights Act 2001. patents was only 7 years. The intellectual 9. The Biological Diversity Act, 2002 also property right regime of the country has been supports the IPR regime of the country. modified by a number of legislation since 1995. For India, the WTO’s TRIPs agreement Conclusion became binding from 2005 onwards as the The relevance of IPRs stems from their role country has got a ten-year transition period as one of society's principal mechanisms for (1995-2005) to make the domestic legislation protecting and enforcing control over compatible with TRIPs. Here, India has got information. Each industry should evolve its additional five-year transition period because own IPR policies, management and strategies of not having product patent regime in critical depending on its area of specificity. The sector like pharmaceutical. Hence, existing various modifications and amendments to laws were amended and fresh legislations earlier Intellectual Property Laws are an were introduced during this period 4,5. indication of India’s move towards new IPR regime so as to prepare ourselves for the Different amendments to the various existing global trade competition. Acts- Patent Amendment Act (2005), Copy right Amendment Act (2010), are made to References strengthen domestic legal framework to fulfil 1. World Intellectual Property Organization. the harmonization with the WTO’s TRIPS 2018 agreement. Similarly, a number of fresh 2. Intellectual, industrial and commercial legislations are made to upgrade the property. 2018 country’s intellectual property regime. The 3. What are intellectual property following are the main legislations made to rights? World Trade Organization. World accommodate the TRIPs envisaged IPRs Trade Organization. 2016 rights (6,13). 4. Understanding Copyright and Related Rights. World Intellectual Property 1. Patents: Patent Amendments: Patent Organization. 2018 amendment Act 1999, 2002 and 2005 5. Ganguli, P., 2001. Intellectual Property 2. Protection of Traditional Knowledge Rights: Understanding Knowledge under Patent Amendment Act 2002 Economy. McGraw-Hill. 3. Industrial Designs: The Design Act, 1999 6. Intellectual Property Rights: Key to New 4. Trademarks: A new Trademarks Act Wealth Generation. 2001. NRDC & 1999 has been enacted (The Trade and Aesthetic Technologies. Merchandise Marks Act, 1958). 7. Ministry of Agriculture, Government of 5. Copyrights: The Copyrights Act 1957 has India. 2004. State of Indian Farmer. Vol V. been amended in 1983, 1984, 1992, 1994, Technology Generation and IPR Issues. 1999 and 2010. The latest amendment of Academic Foundation. ______ISBN No. 978-93-5396-760-4 30
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8. Rothschild, M. and Scott, N.(Ed.). 2003, 11. Gottlieb S. Drug firms use legal loopholes Intellectual Property Rights in Animal to safeguard brand Breeding and Genetics. CABI. names. BMJ. 2000;321:320. 9. Saha, R. (Ed.). 2006, Intellectual Property 12. Kartal M. Intellectual property protection Rights in NAM and Other Developing in the natural product drug discovery, Countries: A Compendium on Law and traditional herbal medicine and herbal Policies. Daya Publ. House. medicinal products. Phytother 10. Glasgow LJ. Stretching the limits of Res. 2007;21:113–9. intellectual property rights: Has the 13. Shukla S. Patents: An Introduction. Indian pharmaceutical industry gone too Pharm. 2004;3:14–7. far? IDEA J Law Technol. 2001;41:227– 58.
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Intellectual Property Rights: Key to Entrepreneurs Sustainability
Ms. Divya Pareek Assistant Professor, Department of BADM Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract It is a predominant condition for an entrepreneur to be creative, but innovation and innovation doesn’t help alone it requires catering the need for innovation, and building up facilities where product based startups can be nurtured and build awesome products. Encouraging Entrepreneurs’ to invent first, we need to give them reason for innovation some protection as well. On 13th May, 2016 India’s First Intellectual Property Policy (IP POLICY) was unveiled to the public at large, making a promise of “Creative India, Innovative India”. Intellectual Property rights (IPR) allow innovative entrepreneurs to protect their inventions & new business ideas. IPR also helps the firms to recoup their innovation investment and consequently provides an incentive for investing in innovation. Effective IP systems also help in attracting the potential funders for investment and technology collaborations between the firms.
IP strategy is becoming even more critical in helping new ventures & existing entrepreneurs to transform their innovation potential and creativity into market value and competitiveness. It is therefore extremely necessary and important for startups & Entrepreneurs to understand the different types of IP, how to manage and exploit IP for achieving success in their business.
Keywords: Innovation, Intellectual Property, business ideas, products
Introduction India is being considered as one of the On 13th may, 2016 India’s First Intellectual startup hubs, with not just metros but people Property Policy (IP POLICY) was unveiled from small cities are also coming forward to to the public at large, making a promise of write their own fate India has seen an “Creative India, Innovative India”. enormous growth in regard to creating Intellectual Property rights (IPR) allow support vessels for early stage or pro-funded innovative entrepreneurs to protect their Startups’ growth. Many private or publicly inventions & new business ideas. IPR also funded missions has already been initiated to helps the firms to recoup their innovation drag and drop startups in Indian subcontinent, investment and consequently provides an It is a predominant condition for an incentive for investing in innovation. entrepreneur to be creative, but innovation Effective IP systems also help in attracting and innovation doesn’t help alone it requires the potential funders for investment and catering the need for innovation, and building technology collaborations between the firms. up facilities where product based startups can IP strategy is becoming even more critical in be nurtured and build awesome products. helping new ventures & existing Encouraging Entrepreneurs’ to invent first, entrepreneurs to transform their innovation we need to give them reason for innovation potential and creativity into market value and some protection as well. competitiveness. It is therefore extremely necessary and important for startups &
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Entrepreneurs to understand the different Benefits types of IP, how to manage and exploit IP for 1. IP components & Filing Procedures: Patents, achieving success in their business. Trade Marks, Copyrights, GI & Industrial Designs Role of Government 2. IP Commercialization and Deployment The Union Cabinet has approved the 3. Government initiatives on IP Promotion for National Intellectual Property Rights (IPR) Startups & MSMEs Policy on 12th May, The Policy recognizes 4. IP Enforcement the abundance of creative and innovative energies that flow in India, and the need to tap Objectives of Make in India- Intellectual into and channelize these energies towards a Property Facts better and brighter future for all. It views The Policy is a comprehensive document IPRs holistically, taking into account all that lays down seven objectives which have inter-linkages and thus aims to create and been elaborated with actionable steps to be exploit synergies between all forms of undertaken by the identified nodal ministry/ intellectual property (IP), concerned statutes department: and agencies. It sets in place an institutional Outreach and Promotion of IPR - To create mechanism for implementation, monitoring awareness about the economic, social and and review. It aims to incorporate and adapt cultural benefits of IPRs among all sections global best practices to the Indian scenario. of society. 1. Legal Framework - To have strong and Implications of IPRs for MSMEs effective IPR laws, which balance the There are two kinds of implications of IPRs interests of rights owners with larger public for MSMEs. Firstly, the IPR of a small interest. enterprise may be usurped by somebody and 2. Administration - To modernize and so it stands to lose if it is not enabled to strengthen service-oriented protect its IPRs. Secondly, knowingly or IPR administration. unknowingly, a small enterprise may infringe 3. Commercialization of IPRs - Get value on others IPRs if it does not possess for IPRs through commercialization. knowledge of it. But as the law says, 4. Enforcement Mechanism - To strengthen ignorance is no excuse. Hence the need to the enforcement and mechanisms convert intellectual abilities into intellectual for combating IPR infringements. properties carrying appropriate rights 5. Human Capital Development - To strengthen and expand human resources, Target Audience institGeneration of IPRs - To stimulate the Enterprises, Research institutes, MSMEs, generation of IPRs. Academic institutions & Universities, MSME 6. Utions and capacities for teaching, training, Development Institutes, Technical research and skill building in IPRs. Consultancy Organizations, Incubators, IP professionals, Industry Associations, The Indian IPR Framework Business development cells, The IPR framework in India is stable and well Entrepreneurship Cells, Technology Transfer established from a legal, judicial and Cells, IP-owning entities, Policy makers, administrative point of view and is fully Inventors, Engineers, R&D Heads, Subject compliant with the Agreement on Trade- Matter Specialist and others engaged in Related Aspects of Intellectual Property technical endeavors Rights (TRIPS). India is committed to a number of international treaties and ______ISBN No. 978-93-5396-760-4 33
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conventions relating to IPRs. A number of DESIGN: A design refers only to the awareness programs enumerating the types of features of shape, configuration, pattern, intellectual property rights and its protection ornamentation, composition of color or are being conducted by the Government, line or a combination thereof, applied to targeting audiences from industry, any article, whether two or three universities, and schools.During the last few dimensional or in both years, Indian IP offices have undergone major improvements in terms of up gradation MINISTRY ADMINISTERING DESIGN of IP legislation, infrastructure facilities, 1. Department of Industrial Policy and human resources, processing of IP Promotion, Ministry of Commerce & applications, computerization of the IP Industry offices, IP databases, quality services to 2. Controller General of Patents, Designs and stakeholders, transparency in functioning and TradeMarks free access to IP-data through a dynamic 3. Concerned IP Act: Designs Act 2000 website.The procedure for filing and processing of IP applications has been TRADEMARK: A trademark means a mark simplified, E-filing facilities and incentives capable of being represented graphically for Small and Medium Enterprises (SMEs) and which is capable of distinguishing the and Startups are some of the other initiatives goods or services of one undertaking from in the area of promoting IPRs in India. those of other undertakings. A trademark can be a sign, words, letters, numbers, TYPES OF IPR IN INDIA drawings, pictures, emblem, colours or PATENT: A patent is granted for an combination of colours, shape of goods, invention which is a new product or graphic representation or packaging or process involving an inventive step and sound or any combination of the above as capable of industrial application.“New applied to goods or services. invention" means the subject matter has not fallen in public domain or that it does MINISTRY ADMINISTERING THE not form part of the state of the art; TRADEMARK Inventive step is the feature(s) of the 1. Department of Industrial Policy & invention that involves technical advance Promotion, Ministry of Commerce & as compared to the existing knowledge or Industry having economic significance or both and 2. Controller General of Patents, Designs and that makes the invention not obvious to a TradeMarks person skilled in the art.Capable of 3. Concerned IP Act: Trade Marks Act 1999 (as Industrial application means that the amended in 2010) invention is capable of being made or used in an industry. GEOGRAPHICAL INDICATIONS: A geographical indication identifies agricultural or natural or manufactured MINISTRY ADMINISTERING PATENT goods as originating or manufactured in 1. Department of Industrial Policy and the territory of a country or region or Promotion, Ministry of Commerce & locality in that territory, where a given Industry quality, reputation or other characteristics 2. 2.Controller General of Patents, Designs of such good is essentially attributable to and TradeMarks Concerned IP Act: its geographical origin and, in case where 3. The Patents Act, 1970 (as amended in 2005) such goods are manufactured goods, one of ______ISBN No. 978-93-5396-760-4 34
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the activities of either the production or it, as Patent, Trademarks, Design and processing or preparation of the goods Geographical Indicators serves as protective concerned takes place in such territory, tool for these entrepreneurs from region, or locality, as the case may be. safeguarding their innovative inventions from being exploited. Conclusion: The IPR framework in India is stable and well References established from a legal, judicial and 1. A K Kaul, Law of Intellectual Property administrative point of view and is fully Rights in Prospect & Retrospect, Published compliant with the Agreement on Trade- by University of Delhi, First Ed.2001 Related Aspects of Intellectual Property 2. Akhil Prasad and Aditi Agarwala, Copyright Rights (TRIPS). India is committed to a Law Desk Book, Knowledge Access and number of international treaties and Development, Published by Universal Law conventions relating to IPRs. A number of Publishing Company Pvt. Ltd. Ed.2009 awareness programs enumerating the types of 4. Alka Chawla, Copyright and Related Rights intellectual property rights and its targeting National and International Perspectives, audiences from industry, universities, and Published by Macmillan India Ltd, First schools.The procedure for filing and Ed.2007. processing of IP applications has been 5. https://www.nimsme.org/IPR-and-Its- simplified, E-filing facilities and incentives Implications-for-MSMEs for Small and Medium Enterprises (SMEs) 6. http://www.makeinindia.com/policy/intelle and Startups are some initiatives taken by ctual-property-facts Government for promoting awareness about 7. https://taxmantra.com/decoding-indias- IPR,but still Indian Startups has a long way to first-ipr-policy-whats-in-it-for- go, still many startups are not even aware of entrepreneurs
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Intellectual Property Rights- Boon or Bane for Protecting the Farmer’s Rights
Jyoti Kapil and Neetika Mathur Assistant Professors, Department of Biotechnology Kanoria P.G. Mahila Mahavidyalaya, JLN Marg, Jaipur Corresponding E-mail: [email protected]
Abstract Indian agriculture is dominated by marginal and small farmers and therefore, development of improved varieties that are scale-neutral would help increase their farm income. The Intellectual property rights (IPRs) facilitate the flow of genetic material and new varieties across the countries as licensing and royalty agreements are widespread world over. The conventional system of plant breeders' rights provides no reward to farmers to their role in the conservation and enhancement of agrodiversity but the UPOV system (Union international pour la protection des obtentions vegetables) as a sui generis form of protection is an alternative to the patent system for farmer’s benefits. Further, many international agreements by TRIPS, GATT and WTO were made to balance the rights of breeders with a requirement to ensure equitable benefit sharing with farmers. In 2001, Government of India had enacted the Protection of Plant Varieties and Farmers Rights (PPVFR) Act for the protection of plant varieties developed by researchers and plant breeders. Genetic material, biotechnologies and their associated IPRs are in fact leading to a new restructuring of the relations between agrochemical, agro biotechnological, food processing, and seed companies.
Keywords: IPR, sui generis, farmer’s right, UPOV
Introduction India is an agriculture based country where plant varieties.2 In European countries as well more than fifty percent of population is as India there are separate plant varieties dependent on agriculture. Farmers’ are the protection laws instead of patent law. 3 important part of economic, social, and political status of the society.1 Agriculture Since Independence, realizing the importance significantly contributes as a source of of food security for the people, the employment and livelihood for the people Government took the initiative to improve who inhabit in the rural areas. Small farmers agricultural productivity. Keeping the focus follow traditional agricultural practices for on agriculture in the Five Year Plans, the food production. The rural communities are Government made various policies which contributors of land races and farmer’s included not only giving subsidy to the varieties and in breeding of new varieties. farmers but also making heavy inputs in the Innovative breeding techniques in agriculture R & D through Government sectors. resulting in new varieties are rewarded through Intellectual Property Rights (IPR). IPR and International Regime for IPR in the context of agriculture could be Protection of Plant Varieties provided either through a patent or a sui Intellectual property rights (IPRs) can be generis system for plant varieties protection. broadly defined as legal rights established The United States was the first country to over creative or inventive ideas which allow institute Intellectual Property protection for right holders to exclude the unauthorized
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commercial use of their creations/inventions effect on 1 January 1995 is to date the most by third persons.4 comprehensive multilateral property. India did not provide for any Intellectual Property Farmers’ Rights can be seen as one important protection for plants prior to TRIPS precondition for the maintenance of crop Agreement. The Indian Patent Act excludes genetic diversity, which is the basis of all plants and animals in whole or any part food and agriculture production in the world. thereof, seeds, varieties, and essentially Farmers’ Rights represent a valuable channel biological processes except microorganisms for increasing food security and nutrition in from patentability. This provision is as per developing countries. Thus, improved seed the TRIPS obligation under Article 27.3(b) technologies, high yielding varieties and which states: “Parties may exclude from hybrids would act as a mechanism for patentability plants and animals other increasing food security and access to than micro-organisms, and essentially nutrition face an important set of tensions biological processes for the production of regarding the appropriate property rights plants or animals other than non- arrangements for such technologies. Agro- biological and microbiological processes. biotechnology is the sector that holds the However, parties shall provide for the most potential for advances in improving protection of plant varieties either by productivity. In this field, proprietary rights patents or by an effective sui generis over knowledge are getting increasingly system or by any combination thereof. important. Genetic material, biotechnology This provision shall be reviewed four years and their associated Intellectual property after the entry into force of the Agreement rights (IPRs) are in fact leading to a new establishing the WTO. "While providing restructuring of the relations between protection for plant varieties India attempted agrochemical, agro biotechnological, food to harmonize the TRIPS provisions with processing, and seed companies. those of CBD.
On 1 January1948, the general agreement on In the TRIPS section of GATT, that the tariffs and trade (GATT) came in force, and advanced countries have a distinct advantage being the regulating treaty, explained as the and a decisive lead over the developing “substantial reduction in tariffs and other countries. In India, since the beginning of trade barrier and the elimination of farming over 85% of seed requirements are preferences on a reciprocal and met by the farming communities themselves advantageous basis.” The debate around the as the farmers, save part of the harvest for GATT Final Act in relation to its impact on seeds, and exchanged seeds with neighbours. agriculture has pitched the farmer at the 5 But the farmers were told that they could not centre of attention. However, intellectual exchange seeds with the fellow-farmers and property protection has received enormous would have to buy their seeds every year from attention when Uruguay Round of the GATT the MNCs. So thousands of farmers went to Agreement was reached in 1994 and World New Delhi to protest against the GATT Trade Organization was created in 1995. proposals on intellectual property in relation to seeds and seeds patenting, asking the After India became signatory to the Trade Indian Government to reject the GATT Related Aspects of Intellectual Property demands. 6 Rights Agreement (TRIPs) in 1994, a legislation was required to be formulated. On the one hand, a more traditional view of The TRIPS agreement which came in to private ownership support the IPR system ______ISBN No. 978-93-5396-760-4 37
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
required by the WTO through its TRIPS sui generis system. In Asia, there are a range agreement to promote the ownership rights of of sui generis based PVP laws that model breeders and on the other hand, an alternative themselves on the UPOV system. However, view of ownership inspires the requirements the concern for the protection of intellectual to protect the interests of farmers who nurture property rights was not limited at the WTO and maintain traditional seeds that provide only. In fact, Food and Agriculture germplasm for improved hybrid and Organization (FAO), Convention on transgenic seeds. Otherwise, the farmer, Biological Diversity (CBD) and International already at the mercy of external agencies, as Union for the Protection of New Plant for example pesticide and fertilizer Varieties (UPOV) were also apprehended manufacturers, could now be at the mercy of with the issues of intellectual property private transnational (TNC) seed companies. protection associated with biological In 1978, the Union for the Protection of New resources. These international concerns Varieties of Plants (UPOV) allows farmers to paved the way for raising a systematic engage in collective seed exchange and seed concern for the protection of intellectual saving even of protected seeds for non- properties in agricultural sector in India. 9 commercial purposes, whereas UPOV 1991 does not allow seed exchange of protected The Indian government’s legislative plant varieties. Although with an amendment measure in 1991, UPOV itself has tightened the In order to provide for the establishment of an monopolistic nature of PVRs/PBRs but effective system for the protection of plant different countries generis based PVP varieties, the rights of farmers and plant policies for providing protection to the breeders and to encourage the development farmers.7 of new varieties of plants, it has been considered necessary to recognize and to On 31 May 2002, the Indian Cabinet protect the rights of the farmers in respect approved the government's decision to seek their contributions made at any time in accession to the Union for the Protection of conserving, improving and making available New Varieties of Plants (UPOV) under the plant genetic resources of traditional varieties terms of UPOV's 1978 Act. So now India and for the development of new plant submits its recently adopted law i.e. the varieties. Protection of Plant Varieties and Farmer's Rights Act 2001 to UPOV Also as a signatory to the TRIPS agreement Council8. Eventually, membership of UPOV under the WTO regime it is mandatory for system of plant variety protection (PVP) government of India to enact law to provide resulted in the development of new, improved protection to plant varieties either by patents varieties which benefits farmers, growers and or by sui generis system or by combination of consumers. Subsequently, it opened a door to both. Hence the Government of India enacted economic development, particularly in the “The Protection of Plant Varieties and rural sector. Farmers’ Rights (PPV &FR) Act, in 2001”. 10 The Sections 40 to 46 of the PPVFR Act deals With 150 states now members of WTO, the with the rights of the farmers and for the TRIPS agreement (1994) has considerable purpose of this Act the Indian Government implications of sui generis non patent has established Protection of Plant Varieties protection of plant varieties for majority of and Farmers’ Rights Authority which has the world. Due to hesitant scope followed by Five Branch Offices one each at Guwahati, TRIPS, there are numerous interpretations of ______ISBN No. 978-93-5396-760-4 38
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Ranchi, Palampur, Pune and Shivamogga protection in like manner as a breeder of a respectively.11 variety; Farmers variety can also be registered as an The objectives of this act were: extant variety; 1. To establish an effective system for the A farmer can save, use, sow, re-sow, protection of traditional plant varieties exchange, share or sell his farm produce and to encourage the development of new including seed of a variety protected under varieties of plants. the PPV & FR Act, 2001 in the same manner 2. To recognize and protect the rights of as he was entitled before the coming into farmers in respect of their contributions force of this Act provided farmer shall not be made at any time in conserving, entitled to sell branded seed of a variety improving and making available plant protected under the PPV&FR Act, 2001.13 genetic resources for the development of Farmers cultivating traditional varieties are new traditional plant varieties. eligible for recognition and rewards for the 3. To accelerate agricultural development in conservation of Plant Genetic Resources of the country by investing for research and land races and wild relatives of economic development both in public & private plants; sector for the development new of plant There is also a provision for compensation to varieties. the farmers for non-performance of variety 4. Facilitate the growth of seed industry in under Section 39 (2) of the Act and Farmer the country which will ensure the shall not be liable to pay any fee in any availability of high quality seeds and proceeding before the Authority or Registrar or planting material to the farmers. the Tribunal or the High Court under the Act. In addition to farmers rights, the breeders, researchers and community rights were also Conclusion framed in the PPV&FR Act, 2001 as For generations, farmers, indigenous and follows.12 local communities have been creating and managing crop diversity throughout the Rights under the Act Breeders’ Rights world and this has been acknowledged by the Breeders will have exclusive rights to international community since the 1980s. The produce, sell, market, distribute, import or PPVFR would be suitable for most export the protected variety. Breeder can developing and least developedcountries in appoint agent/ licensee and may exercise for Asia.The PPVFR is an effective sui generis civil remedy in case of infringement of rights. system which aims at reinstating the traditional rights of the farmers. It also Researchers’ Rights recognizes farmers as ‘farmer breeder’, Researcher can use any of the registered which is a significant step. The increase in the variety under the Act for conducting number of registered farmers’ varieties from experiment or research. This includes the use 2012 is also a positive sign. The farmers and of a variety as an initial source of variety for tribal communities across the remotest the purpose of developing another variety but corners of India are to be made aware of this repeated use needs prior permission of the legislation and also their rights. A selection of registered breeder. most pertinant sui generis components would be prudent to balance the agricultural Farmers’ Rights innovations and protection of broader public A Farmer who has evolved or developed a interest. National authorities, policy makers new variety is entitled for registration and and interested groups should continue to ______ISBN No. 978-93-5396-760-4 39
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watch closely the regulatory developments of 6_Protection_of_Farmers_and_Communi PPVFR and biodiversity laws in India as the ty_Rights_RC_Agrawal.pdf. country is one the verge of advancing the 6. Farmers’ Rights, Food And Agriculture implementation of sui generis laws. Organizations of United States, http://www.fao.org/3/I7820EN/i7820en.p References: df 1. Patil N.S. (2016) Farmers’ Rights and 7. India decides to join UPOV, GRAIN ( Intellectual Property Rights Protection Of 2002) | BIO-IPR (1997- Plant Varieties In India, Rural South Asian 2009)https://www.grain.org/en/article/19 Studies Journal, Vol. II, No. 2, pp 5-13. 44-india-decides-to-join-upov 2. Anshu Pratap Singh and Padmavati 8. Daniel Robinson (2007), Exploring Machikanti (2011) ‘Sui-Generis IPR laws Components and Elements of Sui Generis vis-à-vis Farmers’ Rights in some Asian Systems for Plant Variety Protection and Countries: Implications under the WTO’, Traditional Knowledge in Asia, Journal of Intellectual Property Rights, Switzerland: International Centre for Vol.16, Pp.107-116. Trade and Sustainable Development 3. Watal Jayashree, (2001), Intellectual (ICTSD). Property Rights in India –The WTO and 10. Saxena, S. and Dhillon, B. S. (2002), A Developing Countries, New Delhi, Oxford critical appraisal of the Protection of Plant University Press, The Jurisprudence of the Varieties and Farmers’ Rights Act 2001, GATT and the WTO, Insights of Treaty India. NATP Trainers Training, Law and Economic Relations, Cambridge Compilation of Experts lecture University Press, Cambridge, pg. 335. notes,NBPGR, New Delhi, pg. 9 4. Lawrence Surendra an Intellectual 10. www.plantauthority www.gov.in Property, Seeds, The Future of Farmers Protection of Plant Varieties & Farmers' and Farming. Cite as: (1995) SCC (Jour) Rights Authority, India 10. 11. http://agritech.tnau.ac.in/patents/patents_i 5. R.C. Agrawal, Protection of Farmers’ and pr.html Community Rights on Indigenous Genetic 12. http://agritech.tnau.ac.in/itk/indi_farm_pl Resources,http://www.nbpgr.ernet.in/Trai ant_protection.html ning_Management_PGR/Compendium/0
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The Biological Diversity Act 2002 and the Access and Benefit Sharing
Prof. (Dr.) Komal Audichya Assistant Director, SSLG, Jaipur National University, Jaipur E-mail: [email protected]
Abstract The term Biodiversity refers to genetic, species and ecosystem diversities and all life forms existing on earth including birds, mammals, fishes, insects, reptiles, invertebrates including plants, fungi and micro-organisms like viruses, bacteria etc. It offers many resources and services for survival of humans on earth and very important for the functioning of ecosystem. India has wide range of diversified biological resources and is one of the mega-bio-diverse countries. It has enormous and unexploited treasure hidden in its forests, wetlands and mountains consisting of India’s Biodiversity.1 Everyone wants a share in it by filing patents on local spices and plants2 and to push slack procedures. So it is essential to find the measures for the Conservation of Biodiversity and protecting interests of indigenous communities.
Legislative Measures to Conserve (ILCs) in accordance with the United Nations Biodiversity Declaration on the Rights of Indigenous India has environment and habitat protection Peoples (UNDRIP).5 laws for significant period of time. The Constitution of India expressly mandates the India signed and ratified the United Nations protection and improvement of environment Convention on Biological Diversity (CBD) and safeguarding of forests and wild life in held at Rio de Janerio in 1992, "to provide for articles 48A and Article 51A (g).3 Apart from conservation of Biological Diversity, this, the other legal provisions dealing with sustainable use of its components and fair biodiversity are: the Indian Forest Act (1927), and equitable sharing of benefits arising out the Wild Life (Protection) Act (1972), and the of the use of biological resources and Forest Conservation Act (1980). The recently knowledge". Under its obligation, the Indian announced National Tribal Policy (2006) has government enacted the Biological Diversity set a new legal context for tribal Act (BDA) in 2002. This is one of the major communities. The legislative methods to instruments available to the government for protect biological diversity in India stems the protection of indigenous knowledge from international guidelines under UN systems Convention on Biological Diversity (CBD)4 and the Nagoya Protocol on Access and The present legislation is also outcome of the Benefit Sharing in 2014. The latter provides concerns of inventions of Indians created for the protection of the resources and rights from plant/biological resources, being of indigenous peoples and local communities patented not by them but by foreigners.
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Basmati Rice case6 and Kani case were the consolidated monthly fee from 1993 to 1998. prime examples. Till date Kani case remains Finally, the product called ‘jeevani’ was one of the best examples on execution of ABS developed which was all set to be marketed Access and Benefit Sharing) principles and by 1994. provisions. Jeevani was developed from leaves of the KANI CASE7 plants while the Kani tribe members used In April, 1987, a scientist from the All India fruits and only 13 to 15 per cent of the plant Coordinated Research Project on was used and rest of the ingredients included Ethnobiology (AICRPE) went to the forests were on the basis of ayurvedic knowledge of the Agasthyar hills in southern India to and understanding. In November 1996 the take permission from Mottu Kani (head of the technology was taken on license fee of Rs. 1 Kani tribe) to commence an expedition there. million (approximately US $25,000) and Accordingly, Adichan Kani, the head, royalties of 2 per cent at ex-factory sale by the deputed a team the expedition as guides. The M/s. AryaVaidya Pharmacy (AVP), team led by the Chief Coordinator of Coimbatore, one of the largest Ayurvedic AICRPE, Dr P. Pushpangadan along with manufacturing companies in India. The three Kanis, started the expedition in TBGRI offered to share the license fee as well December, 1987. as the royalty with the Kanis on a 1:1 ratio. In November 1997, the Kerala Kani Community During the expedition, the scientists came to (Samudaya) Welfare (Kshema) Trust was know that the Kanis did not feel exhausted as constituted to regulate and direct the inflow the scientists and remained vital because they of money. were eating the fruits of some plant. The scientists could persuade them to share In March 1999, TBGRI transferred an details about the plant and took samples of the amount of Rs. 650,000, the capital amount fruit and other parts of the plant for studies at was put in fixed bank deposit and the interest the Regional Research Laboratory (RRL) at accumulated was used for several community Jammu. The studies proved that the plant was development programs. This benefit sharing Trichopus zeylanicus travancoricus having model developed by Dr. Pushpangdan was definite glycolipids and non-steroidal acclaimed worldwide for recognizing and polysaccharides with immuno-enhancing and rewarding the IPR of an indigenous anti-fatigue properties, which the Kanis community for sharing their indigenous called as Arogyappacha i.e. resource of knowledge that led to growth of useful value evergreen health. Further investigations at the added product. It also implemented the RRL led to the filing of patents. The research Article 8(j) of CBD way back in 1989, even on Arogyappacha shifted to Tropical Botanic before the CBD existed. However the trouble Garden and Research Institute TBGRI in started when Dr. Pushpangadan left TBGRI Thiruvananthapuram, Kerala in 1990 as the in 1999. The Kani tribe stopped getting the Chief Coordinator of AICRPE moved from payment. the RRL to become Director at TBGRI. The Director comprised a team of scientists from On the other side the pharmacy which started different fields to continue this study. The production in 1996, differences over raw team also included two of the three original material and ownership of the resources Kani guides as consultants and was paid a arose. The Kanis would collect and sell
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arogyapacha leaves to the pharmacy but Meanwhile NutriScience Innovations, a US TBGRI had not taken the permission of forest based supplier of nutritional and functional department. And as per laws, the Kanis could food ingredients, acquired a trademark on not collect arogyapacha from the forest but Jeevani in 2000 and had to rename it “Jeevani they did not have knowledge of this Jolt 1000” after controversies erupted.9 restriction. Smuggling of large quantities of The ABS arrangement in the Kani case the plant was also started by the traders. The though appreciable but some issues forest department showed concern and remained: incorporated the plant in the list of 1) Whether the Kanis gave their consent for endangered species. Criminal cases were commercialization of their knowledge and filed on the tribal people for selling got the real value for that. Will the local arogyapacha. So the raw material couldn’t be people get a symbolic amount and the available although there was good demand marketing company gets all the benefits? for Jeevani. TBGRI took all the decisions 2) Whether the ecosystem would get from production to marketing of Jeevani and imbalanced by more extraction to fulfill the did not consult people from the interior more demand for any medicinal plant or settlements who were not even informed of herb. the deal, but only who belonged to 3) Generally indigenous communities did not Chonampara (area on exteriors). This divided want to share sacrosanct indigenous the community within which further got knowledge. Even if they agreed to do so then deepened by the Kerala Institute for how to identify particular individuals from Research, Training and Development of that community or alternatively giving the Scheduled Castes and Scheduled Tribes. It whole community such benefits for a long documents traditional knowledge and period of time. censured TBGRI for selling traditional knowledge to a private agency. In 2003, the Kani case also illustrated some significant contract between TBGRI and the pharmacy aspects of ABS. It depicted the relationship was extended for further three years. In 2004, between collective rights under common TBGRI constituted a business management goods approach and individual rights under committee with two experts from itself three IPR. The first ABS agreement was between from outside, two from the Kani trust. For the TBGRI and pharmaceutical company AVP second agreement (starting 2007) the but Kanis were not part of it. So PIC (Prior committee took a decision to double the Informed Consent) issue could not be taken licence fee and royalty. Because of lack of into consideration. The Kani Trust got the supply of raw material, the pharmacy pulled representation in the second agreement but out from the deal in 2008. Had the project then Forest Department never got the been successful, it would have become a representation. And the Forest Department permanent source of income for the tribals. only constrained the supply of raw material Due to paucity of funds TBGRI governing which ultimately affected the commercial council did not approve the offer to take viability of the product. Since the international patent and apply for trademark NutriScience got a trademark in the US and for Jeevani. The Kani trust also got could sell the drug at a price eleven times deactivated.8 higher than what the Kani tribe was getting, it required that the ABS at national level must
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be complemented with international individuals or a group of individuals are provisions for obtaining concrete benefits. identified, the monetary benefits will be paid directly to them, or else the amount will be Biological Diversity Act (BDA), 2002 deposited in the National Biodiversity Fund. The scope of the BDA also extends to "biological resources" occurring in and APPROVALS & ABS obtained from India and knowledge According to Section 3 of the BD Act, any associated thereto and the main objectives are person who is (i) a non-citizen or (ii) a citizen to conserve Biological diversity, Sustainable but non-resident or (iii) a body corporate in use of its components, Fair and equitable India having non-Indian participation (i.e., sharing of the benefits arising out of shareholding from entities/ individuals who utilization of genetic resources.10 are non-citizens, or is a non-resident, or is a body corporate not incorporated or registered To achieve its objectives, the BDA has in India), is required to obtain prior approval provisions for the setting up of a National from the NBA for accessing any biological Biodiversity Authority (NBA), State resources occurring in India or knowledge Biodiversity Boards (SBBs) and Biodiversity associated thereto for the purpose of research Management Committees (BMCs) in local or for commercial utilisation or for bio- bodies. The BD Act makes obligatory survey and bio-utilisation. approvals from the National Biodiversity Authority (NBA) and to inform State According to Section 4 of the BD Act, a Biodiversity Authorities (SBAs), for people person is prohibited from transferring the to access and use biological resources, or result of research to any person who is: (i) a knowledge associated thereto, for research non-citizen; (ii) a non-resident;(iii) a body purposes, commercial utilisation, bio-survey corporate or organisation that is not and bio-utilisation, for applying intellectual registered in India or incorporated in India; or property or for transferring results of (iv) has any non-Indian participation in its research. The NBA and SBBs are required to share capital or management without prior refer to BMCs in decisions relating to the use approval of the NBA. of biological resources/related knowledge within their jurisdiction and theBMCs are to According to Section 6 of the BD Act, a promote conservation, sustainable use and person is prohibited from making an documentation of biodiversity. Their application for any intellectual property in or important function is to preparethe People’s outside India for any invention based on any Biodiversity Register (PBR) in consultation research or information on a biological with local people, which includes resource obtained from India, without comprehensiveinformation on the availability obtaining prior approval from the NBA. of local biological resources and the traditional knowledge associated with them. Under Section 7 of the BD Act, any person The provision of mandatory consultation of who is (i) a citizen of India or (ii) a body BMCs by the NBA and SBBs aims to ensure corporate or organisation registered in India validation of prior informed consent (PIC) without any non-Indian participation is procedures by the communities and the required to inform the SBA prior to accessing involvement of BMCs in the decision making biological resources in India for the purpose process. In instances where specific
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of commercial utilisation, or bio-survey and approval is granted by SBB, the SBB may bio-utilisation for commercial purposes. retain a share, not exceeding 5% of the The ABS Provisions under Article 21 of the benefits accrued while the remaining share is BDA11 proposes mechanism for the to be passed on to the BMC concerned or to determination of equitable benefit sharing. benefit claimers.15 Accordingly, the NBA under section 19 and section 20 demands equitable sharing of BDA 2000 is a significant step to conserve benefits arising out of the use of accessed Biodiversity but it is imperative to create biological resources, their by-products, awareness among rural and urban population innovations and practices associated with to the importance of conserving biodiversity. their use and applications and related The Conservationists and Tribal Rights knowledge. If any amount of money is Activists can play an important role to revert ordered by way of benefit sharing, the NBA the interest of politicians who sometimes may direct the amount to be deposited in the want control over natural resources. The Act National Biodiversity Fund. authorizes that BMCs are to be set up, but In 2014 again the ABS Guidelines were there is no clearness on who will set them up. passed mainly focusing on the The government is not compelled by the commercialization of the bio resources and recommendations of NBA so in reality it ABS related to it. The guidelines put remains a toothless tiger. emphasis on the financial obligations of the users of the bio resources, how they shall be The commercial utilization is quintessence of determined and the percentile of benefits to ABS but the latter cannot be implemented at be shared. It is an expansion of the Section 3 the cost of conservation. So monitoring of of the Act pertaining to the process for access Biodiversity must be an essential part of ABS of the bioresource and associated traditional agreements or guidelines. SBBs and BMCs knowledge.12 The Act obtains that the benefit can work to regulate this monitoring at sharing obligation on traders shall be 1.0 different levels. For uniform ABS to3.0 % and for manufactures it shall be 3.0 implementation, there should be restructured to 5.0 % of the purchase price of the guidelines throughout the country. The NBA biological resource.13 In case of bio-resources is always being criticized for its enormous having high economic value the benefit number of ABS agreements. The sharing shall be not less the 5.0%. Moreover, conservation lobby is worried as it reflects the ABS Guidelines states that the India’s exemplar shift on the patenting of life stakeholders, in case of commercializing the forms. The guidelines on ABS in 2014 were IPR obtained on inventions related to genetic also problematic as large number of cases resources need to pay to the NBA such have come up before the courts and National monetary and/or nonmonetary benefit, as Green Tribunal. Recently the Ministry of agreed between the applicant and the Environment, Forests and Climate Change NBA.14When the biological resource use gets has issued revised Guidelines on ABS. They approval from the NBA the mode of benefit have added more confusion and require more sharing is prescribed such that 5.0% goes to clarity so that there are no further legal NBA and 95% of the go to concerned challenges. The Act, its associated rules and BMC(s) and/ or benefit claimers, where the ABS guidelines hold great potential for
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the country’s economic growth through species) and Andaman and Nicobar sustainable commercialization of bio- Islands(185 species). Equally magnificent resorces and associated knowledge; the same is the richness of livestock, poultry and cannot be realized unless there is all-round fish diversity”. clarity on the provisions.16 2. S. Latha Swarna, Intellectual Property Rights, Traditional Knowledge and The BDA 2002 has provisions on ABS to Biodiversity of India. Journal of determine the role and participation Intellectual Property Rights, 2008, pp 326- requirements of indigenous people and local 335. “US Patent No. 5,401,504 on communities (ILCs) in conserving the turmeric is an example of biopiracy. biological resources and associated ITK. As Turmeric is used in India for many discussed, it offers for the involvement of centuries to treat wounds and ILCs through biodiversity management inflammatory conditions. The patent was committee (BMCs) in preparation of people’s granted by US in 1995 to scientists from biodiversity registers (PBRs) and issuance of University of Mississippi on the use of mutually agreed terms (MAT). The Act does turmeric for treating wounds, as a novel not provide the prior informed consent (PIC) treatment. It was challenged by from stakeholders as condition precedent for Government of India, which provided allowing approval to users’ access to and research papers, predating the patent utilisation of genetic resources and associated proving that turmeric has an ancient usage ITK, by NBA. This is against the provisions in India for healing wounds. The patent of PIC under the Nagoya Protocol and the Act was thus, denied”. is not legitimizing the authority of ILCs in the 3. Constitution of India, Article 48A: The entire process. All the stakeholders (the local State shall endeavor to protect and improve communities/indigenous people/industry) the environment and to safeguard the must come collectively to realize the forests and wild life of the country. Article Biodiversity Law in full prospective and the 51A (g): provides that it shall be the duty of administrative machinery set up under the every citizen of India – To protect the Act must take the momentous measures to natural environment including forests, make each of them aware of their knowledge lakes, rivers and wild life, and to have and the benefits of sharing. compassion for living creatures. 4. The CBD is a milestone in its References comprehensive approach to conservation of 1. S. Kannaiyan, Presidential Address Earth’s Biodiversity and sustainable use of delivered during National Consultation Biological Resources. Under it the Access Workshop held at Annamalai University and benefit-sharing refers to the way in in 2007. “A large number of cereals, which genetic resources may be accessed, millets, oilseeds and vegetable varieties and how users and providers reach have originated and are cultivated in India, agreement on the fair and equitable sharing making it one of the richest Centres of of the benefits that might result from their Origin of crop and plant diversity in the use. As per CBD rules, it is mandatory) To world. Out of the 4,200 endemic species of put in place systems that facilitates access higher plants reviewed, 2532 species was to genetic resources for environmentally found to be located in Himalayan region sound purposes. b)To ensure that the followed by peninsular region (1,788 benefits resulting from their use are shared
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fairly and equitably between users and 9. Ibid. providers. Available at 10. BDA 2002, Section 2 (b) defines http://www.cbd.int/abs/infokit/revised/prin "biological diversity" means the variability t/factsheet-abs-en.pdf (accessed on 5.1.20) among living organisms from all sources 5. The Nagoya Protocol comprises of and the ecological complexes of which they provisions pertaining to ILCs’ involvement are part, and includes diversity within in issuing prior informed consent (PIC) and species or between species and of eco- mutually agreed terms (MAT), free access systems; Section 2(c) defines "biological to biological resources and unrestricted resources" as plants, animals and micro- exchange of genetic resources. It constrains organisations or parts thereof, their genetic the States Parties to formulate, enact and material and by-products (excluding value- implement the domestic legislation, added products) with actual or potential use policies, administrative measures and or value but not including human genetic governance systems to according to the material. intent of the legal provisions in 11. Biological Diversity Rules, 2004 international law. It also refers to the 12. Regulation 3 of the Access and Benefit domestic or national access and benefit Sharing Guidelines 2014 sharing (ABS) laws of the Parties in 13. Regulation 8 of the Access and Benefit relation to core variables (e.g. prior Sharing Guidelines 2014 informed consent, approval and 14. Regulation 9 of the Access and Benefit involvement, mutually agreed terms) Sharing Guidelines 2014 wherein participation of or recognition to 15. Regulation 15 of the Access and Benefit indigenous peoples is obligatory. So the Sharing Guidelines 2014. Parties are required to make significant 16. The Hindu Bussiness Line on 16 August, efforts at implementing the provisions of 2019 the Protocol. 6. India-US Basmati Rice Dispute Available on mandalprojects.com/giant- project/basmati.htm (accessed on 10.1.20).
7. SachinChaturvedi, Kani Case, A Report for GenBenefit (2007), available at: ww.uclan.ac.uk/genbenefit (accessed on 10.1.20). 8. M.Suchitra, ‘The Kani Learning’ Available athttps://www.jntbgri.res.in/files/press/do wntoearth_oct2012.pdf
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Laws and Policy Framework for Environmental Protection
Dr. Kumud Tanwar, Dr. Swati Singh*, Dr. Arti Mishra Department of Chemistry, Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding Email: [email protected]
Abstract ‘Environment’ is a very cosmic term. As said by Barbara Ward “We have forgotten how to be good guests, how to walk lightly on the Earth as its other creatures do”. The environment is at risk from a variety of sources of harm, mostly of human origin. In order to tackle this problem, it is important that we develop strategies for modifying human behavior towards environmentally benign practices and away from environmentally damaging ones. Environmental law has developed in response to materialize acquaintance and concern over issues impacting the entire world. Law has been described as “A way of regulating human ethics”. In India, Environmental law is governed by the Environment Protection Act, 1986. This act is constrained by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislations specifically portrayed for the protection of Water, Air, Wildlife, etc. Such legislations constitute:- The Water (Prevention and Control of Pollution) Act, 1974 The Water (Prevention and Control of Pollution) Cess Act, 1977 The Forest (Conservation) Act, 1980 Air (Prevention and Control of Pollution) (Union Territories) Rules, 1983 The Biological Diversity Act, 2002 and the Wild Life Protection Act, 1972 Batteries (Management and Handling) Rules, 2001 Recycled Plastics, Plastics Manufacture and Usage Rules, 1999 The National Green Tribunal established under the National Green Tribunal Act of 2010 has jurisdiction over all environmental cases dealing with a substantial environmental question and acts covered under the Water (Prevention and Control of Pollution) Act, 1974. Water (Prevention and Control of Pollution) Cess Rules, 1978 Ganga Action Plan, 1986 The Forest (Conservation) Act, 1980 Wildlife protection Act, 1972 The Public Liability Insurance Act, 1991 and the Biological Diversity Act, 2002. The acts covered under Indian Wild Life Protection Act 1972 do not fall within the jurisdiction of the National Green Tribunal Appeals can be filed in the Hon'ble Supreme Court of India. Basel Convention on Control of Transboundary Movements on Hazardous Wastes and Their Disposal, 1989 and Its Protocols Hazardous Wastes (Management and Handling) Amendment Rules, 2003
Keywords: Environment, Laws, and Legislations
Introduction Environment is the key creation on earth for to be the law of planetary housekeeping. It is living things. Ecology is thus “the science of established with the aim of protecting the planetary housekeeping” so building on these planet and it people from activities that upset annotations, environmental law1 can be said the earth and its life sustaining capacity.
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An upshot of this definition is that man down under Article 48-A of our himself is the most notorious up setter of life Constitution, which reads as follows: on earth. His interventions in the environment "The State enterprise to protect and often well intentioned have led to the hasty improve the environment and to shield and dangerous effect to the environment and the forests and wildlife of the country". to human health. Environmental law is not b) Environmental protection is a fundamental concerned solely with the natural duty of every citizen of this country under environment, the physical condition of land, Article 51 (g) of our Constitution which air and water it also nuzzle the human reads as follows: environment, health, and other man made "It shall be the duty of every citizen of conditions affecting a human being place on India to protect and improve the natural earth. The natural environmental policy act of environment including forests, lakes, 1969 brace its requirements for the rivers and wildlife and to have preparation of impact statements to “major compassion for living creatures." federal actions significantly” affecting the c) Article 21 of the Constitution is a trait of the human environment. fundamental right which reads as follows: Environmental laws thus set a bull’s eye upon "No person shall be deprived of his life people from the perspective of their external or personal liberty except according to surroundings, both natural and artificial. It procedure established by law." goes without saying that these surroundings d) Article 48-A of the Constitution comes are important, i.e. our physical nature, mental under Directive Principles of State Policy health, culture and fulfillment, and our very and Article 51 A(g) of the Constitution abidance, all of these are directly related and comes under Fundamental Duties. afflicted by the environment in which we live. e) The State's responsibility with regard to The objectives of study is to access the raising the level of nutrition and the historical demeanor of environmental law, standard of living and to improve public know why environmental law matters, health has been laid down under Article 47 identify the problems associated with of the Constitution which reads as follows: environmental deterioration, its cause and its "The State shall regard the raising of the inference to human health and environment level of nutrition and the standard of living and sustainable development. There are many of its people and the improvement of areas under the canopy of environmental public health as among its primary duties laws. All have one thing in common - the and, in particular, the State shall protection of ecology and the health of the endeavour to bring about prohibition of environment. the consumption except for medicinal 1. Pollution2-3 purposes of intoxicating drinks and of 2. Safe Use of Chemicals4 drugs which are injurious to health." 3. Waste Management 4. Water Quality f) The 42nd amendment to the Constitution 5. Sustainability of resources was brought about in the year 1974 makes it the responsibility of the State Government to ENVIRONMENT PROTECTION Act5 – In protect and improve the environment and to Context FROM INDIAN CONSTITUTION safeguard the forests and wildlife of the country. The latter, under Fundamental a) The State's responsibility with regard to Duties, makes it the fundamental duty of environmental protection has been laid every citizen to protect and improve the natural environment including forests. ______ISBN No. 978-93-5396-760-4 49
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Environmental laws are enacted inside for 4. http://www.meca.org/galleries/files/1116 many reasons with public health and resource 98_lead.pdf protection being amongst the most common, 5. https://www.niehs.nih.gov/health/topics/ for health of Current Generations6, for health agents/sya-bpa/index.cfm of future generations7, for maintaining 6. https://academic.oup.com/bmb/article/69 lifestyles8 and for ecology9. /1/75/523332 7. https://www.ncbi.nlm.nih.gov/pmc/articl References es/PMC2738880/ 1. Bakshi, P.M., Environmental Law: Some 8. https://www.geog.ox.ac.uk/research/tran issues for the Future "THE sformations/cewf/wpapers/wpg11-06.pdf ENVIRONMENT (PROTECTION) ACT, 9. http://journals.sagepub.com/doi/abs/10.1 1986". envfor.nic.in. Archived from the 350/enlr.2008.10.2.012 original on 2002-06-13. Retrieved 2015-08- 27. 2. ^ "Archived copy" (PDF). Archived from the original (PDF) on 2013-08-10. Retrieved 2014-05-27. 3. https://link.springer.com/article/10.1007/BF 00507976
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Intellectual Property Rights- A Curse or a Boon for India as a Developing Country?
Dr. Leena Bhatia Assistant Professor, Department of Business Administration Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract The protection of intellectual property rights has become an issue of wide and serious discussion with the formation of the General Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs). Before the era of liberalization, it was not a major international trade issue that time it was mainly a domestic issue. But since the1990s, IPR protection has assumed growing salience in international trade. In this paper an attempt is made to present some of the key issues of intellectual property rights protection and efforts which are made to find out the solution of aforesaid problem.
Keywords: Intellectual Property Rights, Intellectual Property, TRIPs
Introduction The protection of intellectual property rights to the WTO, intellectual property rights are (IPR) has become one of the most contentious the rights given to persons over the creations issues in global commerce. Globalization of of their minds. They usually give the creator technology and skill, emergence of new exclusive rights over the use of his/her technologies and the rapid development of creations of their minds. emerging economies are other reasons which increase importance of IPR protection. To go The main objectives of IPR include financial further, it is necessary to understand the incentive and economic growth. Financial meaning of intellectual property rights. In incentive means give financial benefits to general word intellectual property means creator of property as well as statutory creations of the mind, such as inventions; expression to economic rights and promoting literary and artistic works, designs, and economic and social development through symbols, names and images used in the fostering of fair trade. commerce. Intellectual property rights may be defined as ‘information with commercial In India, the Union Government approved the value’. (1) Intellectual Property Rights are New IPR Policy 2016 on May 13, 2016. like any other property right. They allow Through this policy, the government aims to creators, or owners, of patents, trademarks or promote, increase awareness about and copyrighted works to benefit from their own enforce Intellectual Property in India. The work or investment in a creation. These rights objectives of this policy are: are outlined in Article 27 of the Universal Declaration of Human Rights, which 1. To create public awareness about the benefits provides for the right to benefit from the of Intellectual property among all sections of protection of moral and material interests society. resulting from authorship of scientific, literary or artistic productions. (2) According
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2. To stimulate the creation and growth of violations and to promote awareness and intellectual property by undertaking relevant respect for IP rights. measures. 8. Capacity development by strengthening and 3. To have strong and effective laws with regard expanding human resources, institutions for to IP rights, consistent with international training, research and skill building in IP.(3) obligations. 4. To modernize and strengthen IP administration. 5. To catalyze commercialization of IP rights. 6. To strengthen the enforcement and adjudicatory mechanisms for combating IP
Types of intellectual property rights can be understood by the following figure: Objectives of protection of Intellectual Property
Laws related to IPR applicable in India In 1485 the first system of protection of century. To protect their inventions, inventors intellectual property came in the form on needed some legal framework under which Venetian Ordinance historically. In England their inventions could be registered and in 1623 it was followed by Statue of recognized as their intellectual property so Monopolies, which extended rights of patents that inventions made by them could not be for Technology Inventions. In 1760, patent infringed upon by anyone else. With the laws were introduced in The United States. establishment of WTO and India also being Between 1880 and 1889 patent laws of most signatory to the Agreement on Trade-Related European countries were developed. (4) Aspects of Intellectual Property Rights .With the growth in industrialization and (TRIPS), many new legislations were passed development in India, a number of inventions for the protection of intellectual property were made in various fields of art, product, rights to meet the obligations internationally. process and manufacturing in late nineteenth These legislations are: ______ISBN No. 978-93-5396-760-4 52
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
1. The Patents Act, 1970: In the year 1856 in work. This protection has been extended to India Patent Act was introduced which computer programmes, cinematographic remained in force for more than 50 years films and sound recording. which was later modified and revised and was called “The Indian Patents and Designs 3. The Trade Marks Act, 1999: This act came Act, 1911”. A complete bill on patent rights in to force on15th September, 2003. This act was enacted after Independence in the year replaced the Trade and Merchandise Marks 1970 and was called “The Patents Act, Act, 1958 to amend and consolidate the law 1970”. It has been amended in 1999, 2002, relating to trade marks for goods and services and 2005. According to this Act a “Patent” and for the prevention of the use of fraudulent is a monopoly right granted by the marks. This act was amended by the Trade Government for an invention to an Marks (Amendment) Act, 2010 to make it inventor, conveying and securing to him the more effective and purposeful. exclusive right to make, use and sell his According to this act “Trade Mark” means a invention for a specified period of time. mark capable of being represented There are two types of patent: Product graphically and which is capable of patent which is a right to make, use, sell or distinguishing the goods or services of one distribute the product in India and another person from those of others and may include is process patent which gives right to use shape of goods, their packaging and and to exercise the process in India. combination of colours.
Objectives of the Patents Act are: 4. The Design Act, 2000: In order to protect the To encourage inventions by providing intellectual property of a designer who has protection to inventors from infringement created an original design, he Indian Patents of their inventions. and designs Act, 1911 was enacted. The To provide maximum benefit of invention Design act was amended several times to to the society by securing the working cope up the changes in the field of commerce thereof on commercial scale to the fullest and industry. In view of extensive extent, while ensuring reasonable income amendments in it, the act was replaced by the (royalty) for inventors. new Designs Act, 2000.According to this act “Design” means only the features of shape, 2. The Copyright Act, 1957: The law of configuration, pattern, ornament or copyright protection contained in the composition of lines or colours applied to any Copyright Act, 1957. It extends to the article by any industrial process or means, whole of India and came into force on whether manual, mechanical or chemical, January 21, 1958. The act has been separate or combined, which in the finished amended in 1983, 1984, 1992, 1994 article appeal to and judged solely by the eye. and1999. Various types of original works are created by authors and artists by using It aims to provide more effective protection their creative and intellectual abilities. To to registered designs. The owner of a grant respect to such efforts, an intellectual, protected industrial design enjoys valuable property is deemed to be created in the form rights against infringers under the provisions of copyright in the name of its owners or of the act. The duration of protection is creators. This act prohibits any person from initially for 10 years and extendable for reproducing or copying any “literary, another term of 5 years. dramatic, musical or artistic work” without the consent of the owner of copyright in that ______ISBN No. 978-93-5396-760-4 53
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Advantages of Protection of IPR 3. Brand image: Building a unique brand is There are numerous benefits of protection of essential for every business. Businesses rely intellectual property rights: significantly on their brand value and 1. Helps to encourage Research and reputation for commercial growth and development: Research and development is consumer base expansion. However, more essential for both developing and developed than establishing a brand, it is important to nations. They required to come up with new get its exclusive proprietorship. Intellectual technologies only if they are certain that their property is one of the most crucial assets of a intellectual property (IP) rights will be company which makes it imperative to respected. As there are many players protect it and safeguard it against involved in facilitating the market success of unwarranted use and wrongful gain. Even if a an innovation, the effective use of IP plays an brand is capable of defending itself against important role in reducing the risk for the exploitation by unscrupulous competitors, it players involved, who may then be able to is necessary to seek as much legal protection reap acceptable returns for their participation for the established goodwill as possible. (5) in the process. Laws regarding protection of Intellectual property, however, is not an end intellectual property help in taking innovative in itself but a powerful means for achieving technology to the market as well as helps in the end of brand success. (6) enhancing the competitiveness of technology-based enterprises, whether such 4. Availability of original products at enterprises are commercializing new or low cost: IPRs ensure the availability of improved products or providing service on the genuine and original products. the basis of new or improved technology. Intellectual Property rights, such as patent and copyrights, are an important means used 2. Economic growth: Protection of by firms to help protect their investments in intellectual property rights is essential in innovation. (7) IPRs may be helpful in the maintaining economic growth. Now days it field of alternate sources of energy, has been considered as an engine of economic availability of medicines at low cost for poor growth in developed and developing people, which are the big challenges of economies. It encourages fair trading which today’s era. would contribute to economic and social development. The effectiveness of IPR on Transfer of Technology: economic growth in different countries The impact of stronger IPR protection on depends upon their various stages of technology diffusion is ambiguous in theory development (being measured in terms of per and depends on a country’s circumstances. capita GDP growth and/or human-capital On the one hand, stronger IPR protection development); innovative capability and could restrict the diffusion of technology, imitative activities; technological with patents preventing others from using development; and factor endowments, etc. In proprietary knowledge and the increased general, due to different R&D activities, market power of IPR holders potentially mostly the innovations are produced and reducing the dissemination of knowledge due protection of intellectual property rights to lower output and higher prices. On the further encourages for innovations by other hand, IPRs could play a positive role in allowing the innovators to earn returns from knowledge diffusion, since the information their inventions over a period of time. available in patent claims is available to other potential inventors. Moreover, strong IPR
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Protection may encourage technology R&D but they often provide an transfer through increased trade in goods and opportunity for the firms of the services, FDI, technology licensing and joint developed country to exploit the ventures. developing countries.
5. Transfer of technology: An adequate 3. Harmful to public interest: Sometime, the and effective IPR protection helps public interest is harmed due to IPR. developing countries in growth and Pharmaceutical product prices form technology transfer, thus reaping rewards substantial portion of health care costs and for innovation and providing returns in strong intellectual property protection is one research and development. While, weak of the major reasons for high health care IPR protection leads to technology costs (Agitha, 2013). For example, patent of spillovers by domestic firms whereas life saving drugs had allowed the countries excessive IPR protection leads to to charge higher than the marginal cost of the inadequate dissemination of knowledge and production in the name of cost of research slows the pace of growth of innovation. and development. This has led to an increase Thus, the choice of IPR depends on the in the cost of drugs and they are not country’s innovation development and affordable by the poor sections of the capacity in the long run. Strong IPR society. is control by some particular group. protection prevails in the developed countries having potential innovators to Intellectual property right protection and engage in innovate activities, thus boosting India: Considering that the Intellectual the economic growth. Developing countries Property Rights (lPRs) are increasingly should embrace weak IPR protection for becoming the crucial drivers of social and rapid diffusion of knowledge as an economic growth, various efforts are made in importance source of technology India for the protection of IPR. The Union development. Providing stronger IPR Cabinet approved the National IPR Policy on protection can lead developing countries to May 12, 2016. The first and foremost rely on domestic firms that focus on objective of the Policy is “IPR Awareness: counterfeiting and imitation while rewards Outreach and Promotion”, aimed at raising creativity in developed countries. (8) awareness on IPR for school children to nurture creativity and the ability to innovate Disadvantages of protection of IPR from a very young age. Mr. Suresh Prabhu, 1. Cost associated with: The main con is former minister of commerce and industry that obtaining a patent, registering a launched the Intellectual Property (IP) trademark, and maintaining those mascot ‘IP Nani’. In this context, the Cell for protections can be expensive. There are IPR Promotion and Management many types of costs associated with (CIPAM), a professional body under the protecting IP rights like Lawyer fees, Court Department of Industrial Policy and costs, Filing fees, Settlement fees, Promotion (DIPP) produced a series of Registration fees etc. India is a country of animated videos on IPRs for children with IP small and cottage industries and it is not Nani as their central character. This IP possible for the owner of such industries to mascot will spread awareness about the afford aforesaid cost. importance of Intellectual Property Rights (IPRs) among people, especially children, 2. Exploitation: There is a strong view in an interesting manner. On the same day, that IPRs are intended to encourage an anti-piracy video featuring the Bollywood ______ISBN No. 978-93-5396-760-4 55
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
superstar Amitabh Bachchan was also efforts should be increased like more funding launched. (9) required for research and development, lengthy legal process and access rules should Union minister Mr. Piyush Goyal said that it be liberalized. According to the Organisation is trying to set up a fully computerised for Economic Co-operation and intellectual property rights (IPR) office in the Development (OECD).India spent just 0.7% country which is similar to the US model of its gross Trends in last five years in respect where everything is done online. Efforts are of filing of intellectual property applications made at the government level but these by India are shown below:
Trends in last five years in respect of filing of intellectual property applications by India are shown below:
Application 2013-14 2014-15 2015-16 2016-17 2017-18 Patent 42951 42763 46904 45444 47854 Design 8533 9327 11108 10213 11837 Trade Mark 200005 210501 283060 278170 272974 Geographical Indication 75 47 14 32 38
Copyrights Copyright administration shifted to 16617 17841 DIPP/CGPDTM in 2016-17
Semiconductor integrated SCILD administration shifted to DIPP/CGPDTM 02 layout Designs(SCILD) in 2016-17
Total 251564 262638 355898 350467 350546
*source: http://www.ipindia.nic.in
Conclusion References This article is mainly lighting the IPR and its 1. WorldIntellectualPropertyOrganization,http: techniques that are growing rapidly which are //www.wipo.int/about w i p o/ en/. leading a requirement of a strong 2. https://www.academia.edu/14732132/Major administration. TRIPs are one of the _Controversial_Issues_of_Intellectual_Prope international administrations regarding IPR. rty_Developing_Countries_Perspective India has taken several measures to comply 3. https://www.lawyered.in/legal- with the TRIPs agreement but still there is lots disrupt/articles/7-objectives-indias-new-ipr- of problems persist. To overcome the policy/ problems lots of efforts are to be done. There 4. https://blog.ipleaders.in/need-know-ipr- must be training cell established which laws-i provide knowledge about filling process and 5. https://www.brandingstrategyinsider.com/20 legal process regarding IPR protection. 08/03/branding-andtr.html#.Wx4JCdWWa1s Reward should be announced for 6. http://www.wipo.int/sme/en/documents/bran entrepreneurs. Small and medium scale ding_fulltext.html organization should understand the 7. Sankar, S. (Narayanan 2010) Intellectual importance of IPR protection. Documentation Property Rights Economy VsScience& of traditional knowledge and development of Technology. International Journal of a sui generis system are also helpful. Intellectual Property Rights 1(1): 6-10 Kalyan C Kankanala, an intellectual property 8. https://www.informationsecuritybuzz.com/ar attorney has rightly said “Create a piracy free ticles/role-of-intellectual-property-in- world for a creative tomorrow.” technology-transfer ______ISBN No. 978-93-5396-760-4 56
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9. https://www.jagranjosh.com/current- 13. http://pu.edu.pk/images/journal/pesr/PDfFI affairs/suresh-prabhu-launches- LES/2%20SATTAR%20Intellectual%20P intellectual-property-mascot-ip-nani- roperty%20Rights%20and%20Economic 1526548875-1 %20Growth.pdf 10. https://economictimes.indiatimes.com/new 14. https://economictimes.indiatimes.com/tech s/science/iit-delhi-files-20-more- /internet/pending-patents-key-to-bridge- intellectual-property-rights-in- vast-tech-gap-with 2019/articleshow/72991206.cms usa/articleshow/71458600.cms 11. http://www.iosrjournals.org/iosrjbm/paper 15. http://www.ipindia.nic.in/writereaddata/Po s/Vol15issue2/C01521321.pdf rtalOAnnualReport/1_110_1_Annual_Rep 12. Agitha, T G (2013): Impact of IP on Public ort_2017-18_English.pdf Health: The Developed Country Scenario. JIPR 18(4) : 382-389
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
International Property Rights: An Overview of History of Patent Laws in India
Dr. Manisha Mathur Associate Professor, Department of Public Administration Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract The concept of Intellectual Property Right is not a new concept. It emerged as a result of the concept of globalization, privatization and liberalization that has necessitated the protection of rights of production, design, trademarks etc. In a broader way, the term Intellectual property refers to unique, value-adding creations of the human intellect that results from human ingenuity, creativity and inventiveness. Intellectual property law concerns the legal rights associated with creative effort or commercial reputation and goodwill. The intellectual property law protects the intellectual property owner from the infringement and counterfeiting. Patent is a right of a particular design or formula used for the manufacture of a given product. The first legislation in India relating to patents was the Act VI of 185, with the objective to encourage inventions of new and useful manufactures and to induce inventors to disclose secret of their inventions. In 1911, the Indian Patents and Designs Act, 1911, (Act II of 1911) was brought in replacing all the previous legislations on patents and designs. After Independence, it was felt that the Indian Patents & Designs Act, 1911 was not fulfilling its objective. The 1911 Act was amended in 1950 and later in 1952. In 1957 Justice N. Rajagopala Ayyangar Committee recommended major changes in the law which formed the basis of the introduction of the Patents Bill, 1965. On the basis of the recommendations of the Joint Parliamentary Committee, the Patents Act, 1970 was passed. This Act remained in force for about 24 years till December 1994 without any change. Further an amendment to the 1970 Act was made through the Patents (Amendment) Act, 2002 (Act 38 0f 2002). This Act came into force on 20th May, 2003 with the introduction of the new Patents Rules, 2003 by replacing the earlier Patents Rules, 1972. Another amendment to the Patents Act, 1970 was introduced through the Patents (Amendment) Ordinance, 2004 with effect from 1st January, 2005. This Ordinance was later replaced by the Patents (Amendment) Act, 2005 (Act 15 of 2005) on 4th April, 2005 which was brought into force from 1st January, 2005.
Keywords: Patent, Human intellect, Patent Laws, Legislation, Amendment
The concept of Intellectual Property Right is Convention, other rights, such as Copyright, not a new concept. It emerged as a result of Rights in Performance, etc. were also the concept of globalization, privatization included in industrial property. Gradually in and liberalization that has necessitated the place of ‘industrial property’ ‘intellectual protection of rights of production, design, property’ was permanently coined. The word trademarks etc. Intellectual property first ‘Intellectual’ as an adjective means involving were known collectively as ‘industrial or appealing to the intellect’, ‘having a highly property’. The Paris Convention for the developed ability to think, reason and Protection of Industrial Property, 1883 used understand. The same word as a noun means the term ‘industrial property’ instead of ‘a person with a highly developed intellect ‘intellectual property’. After the Paris and great mental ability’. The term
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“Property” is synonymous with the right of economic value must be protected. Hence the ownership. Ownership and property are concept of protection of intellectual property interdependent. In its widest sense, property right has been brought in the purview of law. includes all a person’s legal rights, of As we know that an IP right is thus a legal whatever description. A man’s property is all right, which is based on the relevant national that is, his in law1. In a broader way, the term law encompassing that particular type of Intellectual property refers to unique, value- intellectual property right. Intellectual adding creations of the human intellect that property law concerns the legal rights results from human ingenuity, creativity and associated with creative effort or commercial inventiveness, for which a set of exclusive reputation and goodwill. If A-an author, rights are recognized by law. While these writes a book-X, A exercises all rights over it. rights are not actually property rights, the These rights are rights in rem. There is a duty term property is being used because they upon every person not to copy it and not to resemble property rights in many ways. take unfair advantage of the work-X or So in simple words Intellectual property reputation of A. The intellectual property law means ‘a property created by human brain’. It explains all these rights and duties. is not similar to that of a land or house. The important reason for the development of It can be understand as a conceptual or virtual intellectual property law is that a person who product produced from the intellectual Creates a work or has a good idea which he capacities of a certain person. For example, develops has a right, based partly on morality an author writes a book. It is his intellectual and partly on the concept of reward to control property. A Painter paints a picture, it is his the use and exploitation of it, and he should intellectual property. An Engineer creates a be able to prevent others from taking unfair design, it is his intellectual property. So the advantage of his efforts. When one person is subject-matter of intellectual property is very struggling to create a new thing, why should wide and includes literary and artistic works, others be able to save themselves all the time films, computer programs, inventions, and effort required to create or invent the designs, trademarks, etc. Lands, houses, etc. thing concerned? That is why the remedies immovable properties and vehicles, watches, must be provided to the inventor to protect his etc. Thus, a book, a picture, a song, a music ideas and infringement from others. This is note, a design, a product etc. which is the done by the intellectual property law. creation of one’s mind and intellect is an Infringement of other’s rights, making intellectual property. counterfeiting is equal to theft of goods. So the intellectual property law protects the Like immovable properties can be sold, intellectual property owner from the mortgaged, and leased, etc. from one person infringement and counterfeiting. Under this to another. In the similar way, the intellectual law, owners are granted certain exclusive property also can be sold, mortgaged, leased, rights, to a variety of intangible assets such as assigned, etc. from one person to another literary, musical, artistic works, discoveries, person2. inventions, words, phrases, symbols, designs etc. Intellectual property created in this way may prove useful for others. For example, a design The important rights and areas can be created by someone can be used for classified as:- Copyright, Rights in production of goods or a trademark created Performance, the Law of Confidence, by a company has a goodwill in the market. Patents, Designs, Trade Marks, Passing Off, Thus it has an economic value. This Trade Libel, Cyber Law, Broad Casting ______ISBN No. 978-93-5396-760-4 59
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
(Neighbouring Rights) etc. There are many revolution in England and subsequently in similarities as well as differences between other western countries. Before the industrial these forms of properties. Some rights give revolution, in the medieval times also, Great monopoly to the creator, and some merely Britain had seedlings of patent laws. Letters prevent the unfair use by others. The period Patent were issued by the King’s Great Seal of rights vested in such properties also varies on the bottom granting rights, often to foreign from one form to another. Some require weavers and other craftsmen, allowing them registration and some do not3. to practice their trade and overcoming guild regulations which suppressed competition. Out of these all, we will be focusing on Patent The first such letters patent were granted in laws. Patent is a right of a particular design or 1311 to John Kempe, a Flemish weaver, who formula used for the manufacture of a given wanted to practice his trade in England, one product. For example, the formula used for of the earliest recorded instances of the Chyawanprash by Dabur Company with a patents. specific constitution of ingredients can be called a patent. Similarly, the electronic Letters Patent were granted for inventions, design of a motherboard supplied by Intel for example, a patent was granted to John of Company is also a patent. Even the computer Utyman in 1449 for his new method of based system of Windows sold by Microsoft making stained glass. Darcy vs. Allin (1602 Company is a patent. In fact, patent gives the Co, Rep. 84b) was an example of an early right to produce and deploy a certain design patent case which involved a monopoly for commercially in the market. Even food the making, importation and selling of products can have a patent. Patents protect playing cards. In that case, patent was held inventions that are novel, non-obvious with invalid as being inter alia, a common law respect to the prior art and useful. The monopoly. Later in Clothworkers of Ipswich invention must be disclosed in a specified Case (1614 Godboit 252), patent right was format in a patent specification. A granted recognised. Section 6 of The Statute of patent has a specific ‘term’ (generally like Monopolies, 1623 gave recognition to patents India, it’s 20 years, in some countries it is 14 as an exception to the general rule against years and in some others 5/7 years under monopolies. This Section gave 14 years in special circumstances) and must be which the inventor could exploit his periodically renewed upto the end of the term invention to the exclusion of others. to retain the rights from it. If not renewed periodically as required by the statute a patent All these patent laws were overhauled by the becomes public property that can be used by Patent Law Amendment Act 1852. This saw anyone without fear of infringement. the beginnings of the Patent Office and the opening of the Patent Office Library soon Regarding the origin and development of all followed. Between 1853 and 1857, about intellectual property rights, including patents, 1671 Patents were granted by Letters Patent England is the birth place of all these rights. in England. In 1883 the Patents, Designs and These rights came into existence by two Trade Marks Act, 1883 was enacted important sources:- (1) Statutes (2) Common incorporating the provisions of the Paris Law . It has set the mould for patent rights Convention for the Protection of Industrial internationally. It was the coincidence that Property. 1883. In 1902, the Patents Act, First Industrial Revolution took place in the 1902 was enacted. Consequently, further middle of the eighteenth century. The Patents Acts enacted were the Patents Act, 1949, the played an important role in the industrial Patents Act, 1977. The maximum term of a ______ISBN No. 978-93-5396-760-4 60
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
patent has been extended to 20 years by the consolidate and amend the law relating to Patents Act, 1977 in England4. Overview of invention and designs in conformity with the the Patents Laws in India:- During the British amendments made in the UK law. reign, the then British rulers enacted the first Patent Act VII of 1856. In 1911, the Indian Patents and Designs Act, 1911, (Act II of 1911) was brought in The 1856 Act was based on the United replacing all the previous legislations on Kingdom Act of 1852 with certain departures patents and designs. This Act brought patent including allowing assignees to make administration under the management of application in India and also taking prior Controller of Patents for the first time. public use or publication in India or United This Act was amended in 1920 to provide for Kingdom for the purpose of ascertaining entering into reciprocal arrangements with novelty. The objective of this legislation was UK and other countries for securing priority. to encourage inventions of new and useful In 1930, further amendments were made to manufactures and to induce inventors to incorporate, inter-alia, provisions relating to disclose secret of their inventions. The Act grant of secret patents, patent of addition, use was subsequently repealed by Act IX of 1857 of invention by Government, powers of the since it had been enacted without the Controller to rectify register of patent and approval of the sovereign. Fresh legislation increase of term of the patent from 14 years for granting ‘exclusive privileges’ was to 16 years. In 1945, another amendment was introduced in 1859 as Act XV of 1859. This made to provide for filing of provisional legislation contained certain modifications of specification and submission of complete the earlier legislation, namely, grant of specification within nine months. exclusive privileges to useful inventions only After Independence, it was felt that the Indian and extension of priority period from 6 to 12 Patents & Designs Act, 1911 was not months. The Act excluded importers from the fulfilling its objective. It was found desirable definition of inventor. The Act of 1859 to enact comprehensive patent law owing to provided protection for invention only and substantial changes in political and economic not for designs whereas United Kingdom had conditions in the country. Accordingly, the been protecting designs from 1842 onwards. Government of India constituted a committee To remove this lacuna, the ‘Patterns and under the Chairmanship of Justice (Dr.) Designs Protection Act’ (Act XIII) was Bakshi Tek Chand, a retired Judge of Lahore passed in 1872. This Act amended the 1859 High Court, in 1949, to review the patent law Act to include any new and original pattern or in India in order to ensure that the patent design or the application of such pattern to system is conducive to the national interest. any substance or article of manufacture The Committee submitted its interim report within the meaning of ‘new manufacture’. on 4th August, 1949 with recommendations The Act XV of 1859 was further amended in for prevention of misuse or abuse of patent 1883 by XVI of 1883 to introduce a provision right in India and for amendments to sections to protect novelty of the invention, which 22, 23 & 23A of the Patents & Designs Act, prior to making application for their 1911 on the lines of the United Kingdom Acts protection were disclosed in the Exhibitions of 1919 and 1949. Based on the of India. A grace period of 6 months was recommendations of the Committee, the 1911 provided for filing such applications after the Act was amended in 1950 (Act XXXII of date of the opening of such Exhibition5. 1950) in relation to working of inventions and compulsory licence/revocation. In 1888, new legislation was introduced to ______ISBN No. 978-93-5396-760-4 61
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In 1952, an amendment was made to provide Committee and on the final recommendation compulsory licence in relation to patents in of the Committee, the Patents Act, 1970 was respect of food and medicines, insecticide, passed. This Act repealed and replaced the germicide or fungicide and a process for 1911 Act so far as the patents law was producing substance or any invention relating concerned. However, the 1911 Act continued to surgical or curative devices, through Act to be applicable to designs. LXX of 1952. The compulsory licence was also available on notification by the Central The Patents Act 1970 has incorporated Government. Based on the recommendations several new provisions preventing misuse of of the Committee, a bill was introduced in the Patents. Most of the provisions of the 1970 Parliament on 7th December 1953 (Bill Act were brought into force on 20th April, No.59 of 1953). However, the bill lapsed on 1972 with the publication of the Patents dissolution of the first Lok Sabha. Rules, 1972. This Act remained in force for In 1957, the Government of India appointed about 24 years till December 1994 without Justice N. Rajagopala Ayyangar Committee any change. An ordinance effecting certain to examine the question of revision of the changes in the Act was issued on 31st Patent Law and advise government December 1994, which ceased to operate accordingly. The report of the Committee, after six months. Subsequently, another which comprised of two parts, was submitted ordinance was issued in 1999. This ordinance in September, 1959. The first part dealt with was later replaced by the Patents general aspects of the patent law and the (Amendment) Act, 1999 that was brought second part gave detailed note on the several into force retrospectively from 1st January, clauses of the lapsed bill of 1953. The first 1995. The amended Act provided for filing of part also dealt with evils of the patent system applications for product patents in the areas and solution with recommendations in regard of drugs, pharmaceuticals and agro chemicals to the law. The committee recommended though such patents were not allowed. retention of the patent system, despite its However, such applications were to be shortcomings. This report recommended examined only after 31st December, 2004. major changes in the law which formed the Meanwhile, the applicants could be allowed basis of the introduction of the Patents Bill, Exclusive Marketing Rights (EMRs) to sell 1965. This bill was introduced in the Lok or distribute these products in India, subject Sabha on 21st September, 1965, the bill was to fulfillment of certain conditions. framed on 25th November, 1965 to a joint The second amendment to the 1970 Act was committee of the parliament. The joint made through the Patents (Amendment) Act, committee after a careful consideration of the 2002 (Act 38 0f 2002). This Act came into matter adapted a number of amendments to force on 20th May, 2003 with the the bill. The report of the joint committee introduction of the new Patents Rules, 2003 with the amended bill was presented to the by replacing the earlier Patents Rules, 1972. Lok Sabha on 1st November 1966. The The third amendment to the Patents Act, 1970 patents Bill 1965, as reported by the joint was introduced through the Patents committee was formally moved in the Lok (Amendment) Ordinance, 2004 with effect Sabha on 5th December 1966, but could not from 1st January, 2005. This Ordinance was proceeded with for want of time and later replaced by the Patents (Amendment) eventually lapsed with the dissolution of the Act, 2005 (Act 15 of 2005) on 4th April, 2005 third Lok Sabha on 3rd March 1967. Later In which was brought into force from 1st 1967, an amended bill was introduced which January, 20056. was referred to a Joint Parliamentary ______ISBN No. 978-93-5396-760-4 62
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References 4. http//blog.ipleaders.in/need-now.ipr- 1. Siddarth Bawa (2008), Law of Intellectual laws-india/. Property, Allahabad Law Agency. 5. http://link.springer.com Faridabad. 6. Government of India (2008). The 2. http://www. indiafiling.com/learn/in Patents Act, 1970, Law Publishing 3. http://www.ipo.org House, Lukhnow.
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Sustainable Forestry: An Approach of Biodiversity Management
Medha Babel Assistant Professor, Department of Chemistry Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract Sustainable forestry balances the needs of the environment, wildlife and forest communities. The only realistic way to conserve our forests is to apply sustainable forest management practices. Biodiversity refers to the variety of all forms of life on earth, including the different plants, animals, microorganisms, the genes they contain and the ecosystem they form. The management of Biodiversity can be done by managing the sustainable forest and harvesting trees and the Ecological Restoration.
Keywords: Sustainable, Forestry, Biodiversity, Ecosystem.
Introduction role in recovery programmes for endangered A sustainable forest is a forest that is carefully species. managed so that as trees are felled they are 2. Protect high conservation value forests: replaced with seedlings that eventually grow The Biodiversity Management requires that into mature trees. Goals and objectives for forest managers protect natural forests Biodiversity Management for sustainable against deforestation, reduce the risk of fires forestry should reflect the conservation value and take particular care to protect high of a forest relative to other forests of the same conservation value forests. generation type. Sustainable Forestry 3. Tree plantations: Sustainable forestry balances the needs of the environment and focusses on keeping natural forests standing. wild life. A sustainable forest will contain For sustainable forestry, plantations must trees of all ages and different species. Felled operate according to a management plan that trees are replaced with seedlings. Sustainable promotes the protection and conservation of forests are productive in terms of the wood natural forests. Plantations are most likely to products they provide. The overall concept of contribute positively to biodiversity sustainable forestry has included biodiversity conservation. Plantations can be harvested by conservation and multipurpose management clear cutting, a variety of silvicutural options. of the forest in such a way that provide goods 4. Boost income and profitability: Sustainable and services is not diminished. forestry includes effective use of animal waste, regulation of soil fertility, boost Basic Principles of Sustainable Forestry income and employment. These steps can 1. Conserve Biodiversity: For sustainable also lead to economic growth. forestry forest managers minimize erosion and protect water ways, avoid the use of Tools for Sustainable forestry chemical pesticides, properly dispose of e DNA : Environmental DNA is an emerging waste and maintain genetic diversity on their biological monitoring tool that can aid in land and also take other steps to ensure the assessing the effects of forestry and forest integrity of the forest. Biodiversity manufacturing activities on biota. eDNA conservation strategy also plays an important refers to any DNA that is collected from an organism, originating in cells from the body ______ISBN No. 978-93-5396-760-4 64
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or waste products of organisms (1:Taberlet et management plays an important role for al. 2012.) eDNA is an applied tool to address sustainable development of forest and the environmental needs of the forest conservation of biodiversity. Biodiversity industry, forestry and forest manufacturing management represents a vision for the use of managers need access to the current state of forests based on satisfying ecological and the scienceal.(2:Barbour et al.1999, social values. It establishes a forest Karr.,1981) eDNA techniques may be management plant in which biodiversity particularly effective for identifying the conservation objectives are clearly and seasonal presence of spawning anadromous explicitly identified for each area of forest fish, which may have the added benefit under management. Biodiversity ofinforming protection and rehabilitation management follows a sustainable harvesting efforts for endangered anadromous speadded programme that aims to maximise the value (3 : Laramine et al.2015) . eDNA can be also of the standing forest for wood production as used to identify spawning sites for Mekong well as environmental factors. Giant Catfish (4 : Eva et al .2016). Conclusion Benefits of Sustainable Forestry The process of forest planning must begin A major contributing mechanism with a clear statement of goals, from which Biodiversity Management for sustainable detailed objectives and management plans forestry aims to provide global environmental follow. A fundamental improvement in the benefits (reduce deforestation, maintain quality of evidence of the effectiveness of biodiversity), which also improving local Biodiversity Management for sustainable human welfare. Sustainable forestry is forestry will occur if new forest management protecting the future of our biosphere projects are set up with rigorous plans for including fresh air to breathe and clean water monitoring of outcomes built into their to drink. Sustainable forestry is also ensuring design. Sustainable forest can survive if they the future of our biosphere including fresh air make a profit and provide employment for to breathe and clean water to drink. local people. Sustainable forestry is also ensuring the future of our forests, enhancing wildlife References: habitat and protecting water. Sustainable 1. Taberlet, P., Coussac, R. Hajibabai, M., forestry includes many benefits like Rieseberg, L.H.2012. Environmental DNA. conservation of soil, wood utilization, 2. Barbour, M.T., Gerritsen, J., Snyder, B.M. improvement and increasing productivity. Stribling, J.B.1999. Sustainable forestry also conserves land, 3. Laramine, M.B., Pilliod, D.S., Goldberg, C.S. plant and animal resources which are 2015.Characterizing the distribution of an environmentally and socially acceptable. It endangered salmonid using environmental protects forest from pests, diseases and other DNA Analysis. damaging agents in order to improve long 4. Eva, B., Harmony, P., Thomas, G., Francois, term forest health and productivity (5 :AF & G., Alica, V. Claude, M. Tony, D.2016 PA 1994). Sustainable forestry also provides .Trails of river monsters. a good platform for research opportunities on 5. AF & PA 1994 – Sustainable forestry components of biological diversity, forest principles and implementation Guidelines. health and productivity. AF & PA Board of Directors. Washington. DC. Role of Biodiversity Management for Sustainable forestry: Biodiversity ______ISBN No. 978-93-5396-760-4 65
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Bioprospecting and Biopiracy: Challenging Grounds for India and its Bio Diversity Laws Dr. Meenakshi Punia Assistant Professor (Law) Department of Law Sardar Patel University of Police and Criminal Justice, Jodhpur E-mail: [email protected]
Abstract Biopiracy has emerged as a greater menace for biodiversity of local ecosystem. Stealing of traditional knowledge and indigenous knowledge has commodify the biological diverse products in hands of large corporations. Indian Biodiversity Laws and Nagoya protocol have addressed various issues regarding paying of eco system services, deforestation and Access benefit to this system. This paper will examine the traditional knowledge and biodiverse domain in-light of Laws in India as wells various international convetions or protocols. Keywords: Bio prospecting, bio piracy, Nagoya protocol, Traditional knowledge
Introduction Natural resources especially those of agriculture. This traditional knowledge forms biological origin are new currency for any the basic cultural identity for them, nation. They have their own economic contributing to social cohesiveness and relevance and importance now with thereby reducing vulnerability and poverty. globalisation and demand for supply of such 80 % of the world’s populations, mostly the sources which are either ground material for ‘undeveloped’ regions, still rely on the pharmaceutical as well as industrial product. indigenous medicinal knowledge of local Many of biological sources are also important plants for their medical needs.1 In India, part of cultural legacy as traditional around 70 % of the population directly knowledge of any nation. That is why, it is depends on land-based occupations, forests, now contested and classified as one of wetlands and marine habitats for ecological intellectual property in intellectual property livelihoods and cultural sustenance. 2 rights domain. It is hard to put exact value on Over 7500 species of plants and several bio diversity property and knowledge. India hundred animal species and also metals and there are 4635 ethnic communities in India. minerals are utilized by the folk tradition in Traditional knowledge is also cultural India. The custodians and carriers of these identity of such ethnic and indigenous traditions are tribal as well as non-tribals, communities. including house wives and welders, Historically there has been prolific scientific thousands of herbal healers, bone setter, interest in the lifestyles, knowledge, cultures, vishvaidyas, birth attendants, potters, gold- histories, and worldviews of indigenous smiths, black smiths, wandering monks etc.3 peoples. Rural communities depend on As, advancement in genomics revolution is traditional knowledge for food, health and fuelling a new wave of scientific research in ______ISBN No. 978-93-5396-760-4 66
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the form of bioprospecting, and it is biological resources and/or traditional impacting the lives of indigenous peoples knowledge that are extracted without around the world.4 adequate authorization and benefit-sharing from other (usually developing) countries, Biopiracy is another side of this fancy story. indigenous or local communities. It is dark, oppressive and has colonial foot prints to it. The term biopiracy was originally Non-patent biopiracy: Other intellectual coined by the Canadian environmentalist Pat property control (through plant-variety Roy Mooney in the early 1990s (Mooney, protection or deceptive trademarks) based on 2000; Robinson et al., 2014) and has been biological resources and/or traditional picked up and developed by different knowledge that have been extracted without environmental and social rights movement. adequate authorization and benefit-sharing from other (usually developing) countries, The Convention on Biological Diversity indigenous or local communities. (CBD), the first international treaty provides opportunities to biodiversity rich countries to Misappropriation: The unauthorized realize benefits arising out of the utilization extraction of biological resources and/or of their bioresources. The CBD mentioned traditional knowledge from other (usually that national governments have authority to developing) countries, indigenous or local determine access to their genetic resources, communities, without adequate benefit- and calls on governments to provide for sharing.”6 In India there have been a lot of conservation, sustainable use and equitable cases where the indigenous knowledge has sharing of benefits from commercial use of been tried to be taken away. Due to its easy those resources. Nations which lacking access, it has been prone to piracy. According indigenous knowledge and are scant in bio to UNDP Human Development Report 1999: diverse sources tend to exploit nations with “The South is the source of 90 per cent of the bio diversity potential. Unfortunately, most world’s biological wealth – India, for of the bio diverse sources and indigenous example, has 81,000 species of fauna and knowldghed is found in developing nations 47,000 of flora, including 15,000 plant and developed capitalistic economies tend to varieties unique to the country – and yet exploit their rich heritage on name of industrial countries hold 97 per cent of all international conventions and protocols. patents worldwide and are driving the rush to TRIPS and WTO provided such umbrella to patent plant genetic resources.” developed economies on expense of Eighties and ninties, witnessed the sudden developing nations. surge in mainstreaming of biologicalical Daniel F. Robinson5 distinguished between sources through patents and commodification three different categories of biopiracy: of biological resources. Due to void and lack of clear guidleines, rules and regulations, Earth for economic exploitation and Industries, companies, pharma companies industrial monopolization. and capitalist economies are exploiting such “Patent-based biopiracy: The patenting of diverse natural resources. They are even (often spurious) inventions based on ______ISBN No. 978-93-5396-760-4 67
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
reluctant to share commercial benefits which regulatory requirements of the provider they gain by sheer exploitation of ethnic countries. This national obligation on communities. bioprospectors requires them to not only comply with domestic ABS frameworks of The Nagoya Protocol – a UN protocol aiming provider countries but where required by to prevent biopiracy – as an example to such laws enter into ABS agreements with discuss how the negotiations over biopatents legitimate providers of such resources and also reflect different approaches to knowledge. commodification of nature and the limits of propertization. The Nagoya Protocol on As Biopiracy refers to an illegitimate Access and Benefit Sharing (ABS) and other appropriation of locally held knowledge by emerging environmental regulatory non-local commercial actors so It is most frameworks like Reducing Emissions from often associated with western biotech Deforestation and Forest Degradation companies who forage the fauna of (REDD+) and Payments for Ecosystem biodiversity rich developing countries to Services (PES), belong to a menu of exploit and commercialize biological innovative financing mechanisms designed to substances that have been used by Indigenous incentivize conservation and sustainable use people for generations. of biodiversity under the rubric of the Green Economy paradigm. The Green Economy A study prepared for the UNDP discussed paradigm takes a two- pronged approach to potential strategies to assist indigenous the conservation of common pool resources. peoples in claiming biodiversity as their own It does so by affirming rights of countries and property and to claim financial royalties communities stewarding local ecosystems to owed to them. Some of the proposed steps in determine the access and use of such this new “intellectual integrity framework” ecosystems and by ensuring that they are are: incentivized. The incentivizing occurs 1. Discussion with indigenous communities through facilitating a flow back of monetary to learn what steps they wish to take to and non-monetary benefits arising from the preserve biodiversity and to properly commercial and research utilization of the acknowledge their contributions. resources from the ecosystems to these rights holders, be it in the form of genes or carbon 2. New deposit rules should be implemented stocks. that would identify biological inventions as to their origin, mentioning the names of As it also follows model Access to benefit individuals or communities concerned, when sharing The Nagoya Protocol therefore they are deposited in gene banks or when heralds an unprecedented step in public patent application is made. Failure to provide international law. It makes it obligatory for such ‘passport data’ could nullify a patent. parties to ensure that users of genetic 3. Tribunals that could resolve disputes resources and associated traditional between indigenous communities and patent knowledge (bioprospectors) within their claimants. jurisdiction comply with the domestic ABS ______ISBN No. 978-93-5396-760-4 68
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4. The creation of a fee structure in each of biodiversity for commercially valuable patent jurisdiction that would pay for genetic and biochemical resources’. They expenses incurred by indigenous also suggest the need for appropriate policies communities for deposits, tribunals and legal and institutions ’to ensure that the representation. commercial value obtained from genetic and biochemical resources is a positive force for The Green Economy paradigm takes a two- development and conservation.’ 10 pronged approach to the conservation of common pool resources. It does so by This concept of ‘bioprospecting’ is based on affirming rights of countries and recognition of the importance of natural communities stewarding local ecosystems to product discovery for the development of determine the access and use of such new crops and medicines, often based on ecosystems and by ensuring that they are traditional knowledge. For example, in many incentivized. The incentivizing occurs developing countries, a large part of the through facilitating a flow back of monetary population depends upon traditional and non-monetary benefits arising from the medicines for their primary health care needs. commercial and research utilization of the In India, 65% of the population only has resources from the ecosystems to these rights access to traditional systems of medicine, and holders, be it in the form of genes or carbon in Africa 80% of the population uses stocks. traditional medicines.11 The concept of ‘bioprospecting’ is based on This is not surprising considering that the recognition of the importance of natural genetic diversity of the Western Himalayas product discovery for the development of informs 80 per cent of Ayurvedic, 46 per cent new crops and medicines, often based on of Unani and 33 per cent of allopathic system traditional knowledge. For example, in many of medicines. Due to international developing countries, a large part of the conventions and protocols there is population depends upon traditional recognition of green economy and natural medicines for their primary health care needs. capital which can help in sustaining local In India, 65% of the population only has ecosystems. In India, the Biodiversity laws access to traditional systems of medicine, and were brought into force by ‘The Biodiversity in Africa 80% of the population uses Act 2002’ to meet the obligations under traditional medicines.7 Convention of Biological Diversity (CBD). This act, over a period, has become more Between January 1981 and June 2006, for crucial to most Indian companies involved in example, 47 per cent of cancer drugs and 34 research or manufacturing of herbal per cent of all small molecule new chemical compositions. The purpose of the entities for the treatment of all disease Biodiversity Act is to realize equitable categories were either natural products or sharing of benefits arising out of the use of directly derived therefrom.8 biological resources and associated The Biodiversity Prospecting by Reid et al.9 knowledge. The main objectives of the Act describes bioprospecting as: ‘the exploration are conservation, sustainable use and ______ISBN No. 978-93-5396-760-4 69
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equitable benefit sharing out of the utilization Indian germplasm13 (biological resource) in of bio-resources. The Act also covers the their development or multiplication or protection of traditional knowledge and production or research, then it will not come equitable sharing of benefits arising out of the within the ambit of the NBA. Under this Act use of such knowledge.Under the provisions If the biological resources handled, of the act, it necessitates that a person seeking researched, developed, multiplied, produced to obtain Biological resources for research or etc., contain any strain of an Indian commercial utilization may do so only upon germplasm (biological resource) then prior receiving an approval from the National approval of NBA is required under Section 3 Biodiversity Authority (NBA) (Section 3 of the Act, for companies covered by the (1))12 India with its readily accessible, plush section. Moreover, for companies not biologically diverse resources, has always covered section 3, who undertake activities as been a land of Ayurveda and Traditional above, prior intimation has to be given to the Knowledge. For such a country, while concerned State Biodiversity Board (SBB) as Section 3 (2) would come as a well-accepted per Section 7. Unfortunately, a technically and justified clause since the clause strict and mindless interpretation of it results specifically emphasizes that foreign in several of us being labelled as “violators”. companies are the ones required to obtain Worse still, this law makes most violations a prior approval from the NBA, the recent cognizable and non-bailable offence. It is the judgement in Ramdev’s Divya Pharmacy Biological Diversity Act (2002) and paints a different picture. associated Rules (2004)14 In light of this judgement, it is mandatory for India has made a framework regarding Indian companies as well to receive NBA biodiversity which holds great significance in approval for obtaining Biological resources the protection of the environment. The for commercial use. Indian companies which present policy has some deficiencies which were originally under the impression that a need to overcome. The solution is to make mere intimation to the NBA was sufficient as amendments and focus on implementation required under Section 7 of the Act, are now and adopt a stronger proactive community under scrutiny by the Biodiversity Board. involvement. The Act has several excellent There is no overlap between Biological provisions that were considered futuristic at Diversity Act and Protection of Plant the time of drafting. Unfortunately, some of Varieties and Farmer’s Rights Act them have now become redundant and/or (PPV&FRA). The scope and objectives of troublesome for those who wish to comply. these two legislations are different. In order The key problem with some of the provisions to harmonise both the legislations, an clearly indicate the intent to restrict use than exemption has been provided under Section 6 facilitate use. In short, the Act had a single (3) of the Biodiversity Act for applicants intent – ensure India’s resources are not used seeking protection under the PPV&FRA. by anyone for commercial purpose without prior permission or intimation. The intent can If the biological resources used by the be argued as good and needed but all the company in India does not contain any ______ISBN No. 978-93-5396-760-4 70
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trouble started in the way certain provisions 7. WHO Traditional Medicine Strategy 2002- of the Act are being interpreted now by the 2005 (WHO, 2002); K Timmermans, administrative ministry, the Ministry of ‘Intellectual Property Rights and Traditional Medicine: Policy Dilemmas at Environment, Forests and Climate Change the Interface’ (2003) 57/4 Social Science and the implementing agency, the and Medicine 745. NBA.Through the creation of awareness, the 8. D.J. Newman and G.M. Cragg, ‘Natural citizens can be mobilised and change can be Products as Sources of New Drugs over the brought about in the current situation of Last 25 Years’ (2007) 70/ 3 Journal of biodiversity. Once the people are aware and Natural Products 461. know the consequences they can work 9. W .V. Reid et al., Biodiversity Prospecting: Using Genetic Resources for Sustainable towards protection and preservation of the Development (World Resources Institute environment. Awareness has to be created at 1993). the grass root level, the local communities 10. W .V. Reid et al., Biodiversity Prospecting: need to be made aware of the Biological Using Genetic Resources for Sustainable Diversity Act. The Act hasn't been able to Development (World Resources Institute balance bio prospecting and bio piracy 1993) 1. practices which is its shor coming and timely 11. WHO Traditional Medicine Strategy 2002- 2005 (WHO, 2002); K Timmermans, redressal of any application under it is also ‘Intellectual Property Rights and matter of concern. Still it has been a greater Traditional Medicine: Policy Dilemmas at step to address the bio diverse ecosystem as the Interface’ (2003) 57/4 Social Science well traditional knowledge domain. and Medicine 745. 12. Pankhuri Agarwal, Dr. Balakrishna, References: Pisupati, Protecting India’s Biodiversity: 1. Shankar D., Traditional Medicine and Areweallcriminals?,https://spicyip.com/20 Biopiracy. Ancient Science of Life 17(1) 18/07/protecting-indias-biodiversity-are- (1997) 67-71. we-all-criminals.html 2. Ibid 13. Indian germplasm is any plant genetic 3. Sayan Bhattacharya, Bioprospecting, material that originated in Indian Territory biopiracy and food security in India: The or has been introduced and/or adapted to emerging sides of neoliberalism , Indian Agro-ecologies where they have International Letters of Social and developed distinctive properties. Humanistic Sciences Online: 2014-03-02 14. Pankhuri Agarwal, Dr. Balakrishna, ISSN: 2300-2697, Vol. 23, pp 49-56 Pisupati, Protecting India’s doi:10.18052/www.scipress.com/ILSHS.23. Biodiversity:Areweallcriminals?,https://spi 49, 2014 SciPress Ltd, Switzerland cyip.com/2018/07/protecting-indias- 4. Ibid biodiversity-are-we-all-criminals.html 5. D.J. Newman and G.M. Cragg, ‘Natural Products as Sources of New Drugs over the Last 25 Years’ (2007) 70/ 3 Journal of Natural Products 461. 6. W.V. Reid et al., Biodiversity Prospecting: Using Genetic Resources for Sustainable Development (World Resources Institute 1993) 1. ______ISBN No. 978-93-5396-760-4 71
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Role of Intellectual Property in Innovation and New Product Development
Dr. Minal Sharma Assistant Professor, Department of Political Science Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail – [email protected]
Abstract Generally, place, associate degree ‘innovation’ is developing a replacement plan and put it into follow. As this text is targeted on the competitive strategy of a non-public enterprise during a market-driven business surroundings, the term ‘innovation’ is employed here to visit the method of transfer valuable new product (goods and services) to promote i.e., from the idea/concept formulation stage to the winning launching of a replacement or improved product within the marketplace, or the results of that method, therefore on meet the specific or understood wants of current or potential customers. In alternative words, through innovation associate degree enterprise seeks to deliver a distinctive new price to its customers. During this context, ‘marketing’ is that the understanding of that distinctive new price and human activity it to the present and potential customers of a business in order that the merchandise sells itself.
Keywords: competitive strategy, product, formulation, potential.
Introduction Generally, put, an ‘innovation’ is growing a disruptive vs. Sustaining. Other important brand new idea and placing it into practice. types of innovations that do not end result As this paper is focused at the aggressive from technological R&D, however, are strategy of a non-public business enterprise in frequently criticized for profitably marketing a market-driven commercial enterprise the goods and offerings resulting from the environment, the term ‘innovation’ is used investment made in R&D are advertising and here to refer to the manner of bringing marketing innovation, institutional valuable new products (items and services) to innovation, and complementary innovation.2 market i.e., from the concept formula stage to In this article, however, the point of interest the a hit launching of a brand new or stepped is on technological improvements. forward product in the marketplace,1 or the Nowadays, its miles normally accepted that end result of that system, with a view to meet during a know-how-driven, competitive the explicit or implied desires of modern-day business environment, technological or ability clients. In different words, through innovation is a predominant determinant of innovation, a company seeks to deliver successful corporation performance. But specific new value to its customers. In this differences of opinion persist among context, ‘advertising’ is the understanding of economists and policymakers approximately that particular new price and communicating the precise role of highbrow belongings (IP) it to the contemporary and capability clients on the subject of innovation. On the one hand, of an enterprise in order that the product sells in theory, the IP machine is considered to be itself. Technological innovation can be truly necessary “to encourage creative classified in numerous methods: product vs. highbrow endeavor within the public hobby,” technique, radical vs. Incremental, and and on the opposite, a few observers accept
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as true with that, in practice, the IP gadget idea degree and the studies and development hinders opposition to the volume that it's level. miles frequently seen to be playing a negative role in innovation.3 Hence the need for a Intellectual Property, Inventions, and systematic and periodic observe and Innovations assessment of the actual use by using So, what precisely is IP? Broadly speaking, agencies of the equipment of the IP machine the term ‘IP’ refers to specific, fee-adding in order that economists are capable of creations of the human intellect that providing empirical, evidence-based totally outcomes from human ingenuity, creativity, guidance to policymakers to conform the IP and inventiveness. An IP proper is hence a gadget so that it keeps to serve the conflicting prison proper, which is based on the private and public hobby in spurring in applicable countrywide law encompassing addition innovation and its extensive that particular type of intellectual property diffusion in the shortest viable time. This proper. Such a legal right comes into life article, however, does not address those handiest while the necessities of the relevant otherwise critical aspects. IP regulation are met and, if required, it is granted or registered after following the Managing innovation better than its prescribed procedure beneath that regulation. competition is one of the fundamental targets In nearly all countries the world over, a of a business that wishes to live to tell the tale countrywide felony gadget of highbrow and thrive in today’s economy. By counting assets rights has evolved; this has been on realistic examples, this article highlights created over varying durations of time during the crucial contributions made via the the last one hundred fifty years or so. It has powerful use of the exclusive tools in the IP enabled the furnish of property-like rights device to the manner of taking modern over such new know-how and creative technology to the marketplace, via the expression of mankind, which has made it launching of superior merchandise and feasible to harness the commercial fee of the offerings. For explaining the position of the outputs of human inventiveness and gear of the IP system, it goes beyond simply creativity. This is commonly achieved with looking at technological innovation as both the aid of its orderly use, change or sharing it radical and incremental technological among diverse styles of enterprise partners in breakthroughs. Instead, it appears upon a complex network of strategic relationships technological innovation as an interactive that normally work harmoniously at some system made up of a number of distinct point of the brand new product development degrees. It starts off evolved with the system for developing and marketing new components of a novel concept/concept and, and improved goods and services in domestic via a sequence of degrees, ends inside the and export markets. successful launching and advertising of a brand new or advanced product inside the The provider of assets proper by the market.4 In different words, it appears at government, albeit normally for a restrained practical IP problems of relevance to period of time, over useful intangible extraordinary tiers inside the complete new intellectual output presents the owner of such product development procedure in which legal belongings rights the right to exclude all technological improvements can be others from commercially benefiting from it. introduced at exceptional tiers of the value In other words, the prison rights limit all chain from the manufacturer to the quit user. others from the use of the underlying IP asset For the sake of simplicity, it specializes in the for industrial functions without the earlier ______ISBN No. 978-93-5396-760-4 73
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consent of the IP proper holder. The unique vintage or new merchandise to be made varieties of IP rights encompass alternate greater reliable, of higher quality, or secrets, application models, patents, logos, definitely in large quantities, or at a lower geographical indications, commercial price. Trade secrets, application models/petty designs, layout designs of incorporated patents and patents are relevant for circuits, copyright, and related rights, and protecting, managing, exploiting and new styles of plants. leveraging both simple and improvement innovations. While innovations are involved with the commercialization of the latest ideas; in A progressive new product that meets contrast, an ‘invention’ may not be directly customer expectations offers a current or new related to commercialization. As such, commercial enterprise, new market territory innovation can be visible as a process of without opposition for thus long as it retains interaction and feedback at some point in the its revolutionary benefit. The IP gadget plays numerous tiers of the brand new product a full-size function in helping a commercial development technique. An invention is enterprise to gain and hold its innovation- taken into consideration as the generation of based benefit. As a consequence, the a new concept or understanding, which goals aggressive part that an entrepreneurial to solve a specific technical problem. enterprise may advantage with a basic or Inventions ought to relate to merchandise or disruptive innovation is possibly to be longer procedures and are characteristically lasting than that received simply from an protected through trade secrets and improvement innovation, assuming that the techniques, application models. Utility technological limitations to competition models or patents are registered below the taking gain of similar improvements are relevant countrywide regulation by way of about equivalent since a simple innovation the relevant national or regional patent establishes a new magnificence of product or workplace. As now not all innovations are provider, entry of opposition requires that the commercialized, so its miles clean that no opportunity provided by that class is longer all inventions bring about recognized by using a capacity competitor improvements.5 A lot of latest ideas are before it attempts to go into the market. In the created or born however, quoting Brandt case of an improvement innovation, no longer (2002), “Most die a lonely loss of life, by no simplest are competitors for the elegance of means seeing the light of business products already in place, but seeing that the achievement.” improvement innovation normally quantities to a better, faster, or cheaper manner to build Technological simple or fundamental the product, its advantages are some distance improvements produce new markets and new greater speedy understood and replicated. business branches for a brand new product. Hence the want to use the equipment of the IP Such innovation is additionally described as gadget for both varieties of improvements, a radical or disruptive innovation. An besides that usually there's a want for improvement innovation would result in an devising an offensive IP method for a basic advanced product over its ancestor in phrases innovation as opposed to a defensive IP of quality, reliability, ease of use, approach for development innovation. A environmental protection, raw cloth use, survey of financial studies exhibits that labor cost, and so on. It can also consist of the patents are the most favored IP rights with application of the latest and higher regards to technological innovations. This production procedures or strategies that allow appears to be due to using the terms ______ISBN No. 978-93-5396-760-4 74
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‘innovation’ and ‘invention’ as synonyms. brand new idea, or as a response to This may also give an explanation for why developments inside the marketplace. research on innovation has, in many cases, dealing with patents as proxy enter for Role of IP in Innovation innovation. To be specific, the variety of As there are many players involved in patents owned by way of a company has facilitating the marketplace achievement of regularly been used as one of the essential innovation, the powerful use of the tools of IP indicators for determining the innovation will play an important position in decreasing intensity of that agency. In addition, patents threat for the players involved, who can also also are used as a measure of output of then be able to obtain suited returns for his or innovation. However, while such a method is her participation inside the system. IP plays a beneficial, it does no longer examine the critical function in facilitating the manner of “huge picture” about the essential position of taking the revolutionary era to the market the whole IP gadget, inclusive of the place. At the identical time, IP plays a subsystem of enforcing IP rights (comprised primary role in improving the essentially of the police, customs competitiveness of generation-primarily government, and the judiciary), in facilitating based establishments, whether such the fulfillment of innovation inside the organizations are commercializing new or market. In this article, however, the point of stepped forward products or providing interest is restricted to all IP associated service on the idea of a brand new or movements that need to be taken inside an improved technology. organisation at one-of-a-kind levels of the brand new product development method or For maximum generation-based enterprises, a cycle for the use of the specific tools in the IP success invention results in a more efficient machine for marketplace fulfillment. manner of doing things or in a new commercially viable product. The progressed Innovation as a process, consequently, profitability of the business enterprise is the requires powerful participation of individuals final result of added value that underpins a from special sections of an organisation, bigger movement of revenue or higher inclusive of technical experts in R & D, productivity. advertising, management, finance, legal, etc., other than outside consultants, suppliers, Perception of Innovative Ideas outsourced issue manufacturers, business Whether an employer’s choice to innovate companions and lead users.6 has been influenced by using the general enterprise approach or a response to However, for the sake of simplicity, it's miles developments inside the market-place, it is assured that each one movement concerning imperative that an innovative idea should be innovation on the subject of new product treated as a mystery if an organization desires improvement appears inside an organisation. to suitable ability commercial blessings from An organisation might be properly positioned the concept.7 It must be cited that not all to benefit from innovation if it takes into commercially viable thoughts maybe or consideration from the preliminary level of maybe patented, therefore the importance of the new product development manner the full treating thoughts as trade mystery, in variety of IP issues. This is authentic whether particular at the inception level. Empirical the selection to innovate is taken as an evidence suggests that generally small and element and parcel of the overall commercial medium-sized firms (SMEs) are greater enterprise method, one-off improvement of a inclined to apply trade secrets in preference ______ISBN No. 978-93-5396-760-4 75
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
to patents as a shape of defensive their to also, at a later level, shape a crucial part of innovations to live competitively. The the relevant patent application. principal motives given by using SMEs for shying far from patenting their innovations The Information contained in existing patent include high costs and complexity of the documents performs an important role inside patent machine. the thought, screening, and development of a concept. Such facts can offer useful In some cases, at the same time as patenting- perception into whether or not an idea is new associated expenses and complexity of the or now not and whether to continue in patenting procedure may be seen to abate addition to growing a concept. Furthermore, innovation, (particularly, in cash ‘strapped’ the right evaluation of patent records may SMEs) it is equally proper that if used additionally offer an insight into the method strategically, patents can end up a dependable of capacity competitors and about generation supply of recent, additional or better sales for trends. SMEs. For an idea that can also result in a patentable invention, the last desire between Research and Development Stage the use of either the alternate mystery course Several signs had been used to measure the or the patent path for protecting it must be efforts of an enterprise in undertaking studies seen as a strategic enterprise decision that on and developing progressive thoughts. should be taken most effective at a later stage These include expenditure on research and of its development whilst all the requirements improvement (R&D), statistics on of patentability are met, namely, statutory innovation, total sales, firm size, innovation problem matter, novelty, ingenious step, able strategies, etc. These indicators are to industrial application, and ok disclosure. immediately or once in a while not directly At that degree, the choice would depend upon influenced via IP. The IP gear used during the the character of the discovery, its enterprise “conception of a modern idea” degree capacity, the character of opposition, the continues to be applicable also in the course possibility of its unbiased advent by of this stage. Thus, trade secrets maintain to competition and the potential of competition be applicable, especially if the corporation is to reverse engineer it easily from the product but to decide on whether or not to document advanced by using it. It ought to, however, be a patent application.9 Keeping change secrets mentioned that anything the last decision, and techniques continues to be relevant for initially it should be covered as a trade the duration of the whole R&D phase, as one mystery so that, later on a part of it is able to would no longer want the competition to ever be patented and the relaxation of it may still have access to vital records. If utilized by remain as the related trade secret and know- such competition it could bring about the how, or tacit understanding owned by way of erosion of a competitive benefit, derived from individuals which might be related to the the very last product. patent.8 During this length, researchers should Technical drawings, which can be in most periodically consult several assets of statistics instances elements and parcel of that would provide enter for the fulfillment in technological innovations, are protected as their project. Patent documents stay an alternate secrets and techniques and by using applicable source of records that is regularly copyright. It is vital for the drawings to be grossly underutilized. The European Patent dated so that you can establish the date of Office estimates that 70% of the facts in introduction. Technical drawings may want patent files aren't to be had elsewhere, and ______ISBN No. 978-93-5396-760-4 76
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with greater than 800,000 patents granted IP as Life-line while passing through the annually around the globe it does now not “Valley of Death” of Innovation take a “rocket scientist” to realise the wealth In maximum instances, progressive of records available in patent files. technological ideas require in addition technical development so that it will make Patent documents provide useful records at them successful in the market. SMEs and the state-of-the art, which might permit an other small generation-based modern organisation to keep away from pointless enterprises may not have the technical assets wastage of assets, in phrases of money and and facilities to undertake such development, time, at some stage in the R & D procedure, for example, for the improvement and testing thereby hopefully reducing the typically of prototypes. The protection of such excessive R & D costs. Patent facts also can thoughts via IP rights ensures that these are offer useful statistics, which can result in not “lost” at the same time as taking product development or to design-around advantage of external technical assets and innovations, which may additionally assist to centers owned through innovation centers, “short-circuit” the prolonged time frame era parks, universities, studies institutes, and often required taking a brand new product to different (huge) companies. Furthermore, the market. within the future improvement of an invention/design and taking it to the market Unfortunately, for his or her commercial via partnerships (along with, joint ventures, enterprise desires, many SMEs do not use strategic alliances, licensing agreements, patent documents as a source of competitive merger or acquisition) the ownership of IP intelligence. SMEs, specific in developing provides a strong negotiating role within the and least evolved countries, must be made manner of entering into this type of aware of and be ready to use business, prison, partnership. Both parties might additionally and technical records contained in patent avoid capacity future conflicts if possession documents, which is in the public domain to of IP issues had been resolved to start with come up with an innovative product, which clarity. has been tailored to neighborhood conditions. Once an employer makes a decision to rely on Inventors, be they unbiased or employed, a utility model or a patent to defend its output aren't always skillful marketers or of research and improvement, it needs to manufacturers; furthermore, even the first- initiate the required technique, e.g., report a class merchandise wants the fine advertising software model/patent application. Such a abilities to succeed inside the marketplace. In move could facilitate the establishment of the maximum instances, taking a product to the filing date for figuring out the priority date marketplace has verified to be a big challenge and for claiming extraordinary rights over the to inventors, entrepreneurs, and enterprises, output even earlier than a patent is granted especially SMEs; therefore, the lifestyles of (except on absolute or relative grounds the the concept of “valley of loss of life” in patent workplace refuses to grant a patent).10 innovation. This is the period where Most R & D consequences in both functional maximum inventions collapse because of the and aesthetic improvements. For shielding absence of external support or are determined and leveraging new or authentic designs, to be now not commercially viable. which might be completely judged with the aid of the eye, one has to proceed with the IP, specifically patents, regularly play an industrial layout registration process on the essential position in facilitating get entry to countrywide. business angels, carriers of early-stage ______ISBN No. 978-93-5396-760-4 77
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capital, which include seed capital, task Paying close interest to what competitors are capitalists, economic institutions, and the like doing whilst in search of to take advantage of which may provide a “lifeline” for an its personal IP assets may prove a worthwhile invention to attain the marketplace. As an strategy for an agency looking for ways of example, take a look at the invention of crossing the "valley of death." Owners of Xerography. In 937, Chester Carlson revolutionary thoughts covered with the aid invented Xerography, which he patented in of IP rights may additionally discover it 939. It took almost 8 years for Carlson to find relatively less complicated to enter into an investor who becomes willing to invest strategic alliances with favorable terms and inside the invention. Finally, the Haloid conditions. Such establishments may Company efficiently made the invention advantageous through gaining access to R&D commercially to be had in 950. It could be fair facilities owned by its companion or to to signify that the lifestyles of a patent held distribution channels and sales networks. An through Carlson extensively contributed to agency may additionally benefit from the Haloid Company’s decision to help the further improvement of its IP protected invention. Most potentially modern thoughts product(s), as part of the strategic association. end up within the valley of demise. Those thoughts that are blanketed by IP stand a Venture capital buyers play an important greater risk of surviving via the valley of loss position in providing the much-wished funds, of life. In most cases, for efficiently crossing which permit businesses to cross the valley of the “valley of loss of life,” an invention demise adequately. A nicely-managed IP regularly desires external help in terms of portfolio may additionally considerably make funding, technical knowledge, advertising, contributions in influencing the decision of a etc. IP possession plays an essential position task capital investor if the marketing strategy in influencing the choices of outside partners and method of an organisation indicate actual as to whether or not to assist in navigating or probably effective use of IP rights that through the “valley of demise.”11 would beautify its ability for generating IP rights offer the holder with several future sales, marketplace control or possibilities, that could facilitate the hit of developing a sturdy market function and its completion of an innovation. Such competitiveness. possibilities consist of sale, licensing, and Marketing of Innovations numerous kinds of strategic business Since a hit innovation includes taking a brand partnerships or alliances in commercializing new product to the marketplace, different IP it. IP rights can also facilitate the established equipment ends up very relevant. Above all, order of joint ventures. SMEs facing serious emblems and industrial designs play an monetary constraints but wealthy with IP essential role in the advertising system. These property may additionally find this form of enable customers to identify a partnership strategically beneficial. product/service of a specific corporation and Ownership of patent and alternate secrets allow them to differentiate the product from may play a vital position in attracting the different comparable products. potential companions. Sometimes, an agency with patented products and valuable trade A trademark is a beneficial tool in launching secrets can also find it strategically beneficial new product segments or totally new to enter right into a joint assignment merchandise, technologically based totally or arrangement with a corporation with a robust non-technologically primarily based, i.E., trademark so as to secure greater sales. through logo extension. In addition,
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trademarks can be very effective in technique to the contribution of IP in penetrating new markets. Honda, for innovation is therefore needed. example, took benefit of its popularity in IP also plays an essential function in motorcycle engineering to penetrate the US thoroughly navigating the "valley of death." automobile market. It gives access to financing and technical facilities. In addition, IP offers a robust Technological innovation can also be negotiation position whilst it comes to getting supported nicely by a combination of patent, into and maintaining business partnerships. business layout, and trademark. A study the discovery and improvement of the vacuum References cleaner offers an awesome instance of 1. ALTSHULLER, G. S. Creativity as an Exact strategic use of an aggregate of exceptional Science. New York: Gordon andBreach, types of IP gear, namely, patents, business Science Publishers, Inc., 1984. 319 p. designs and trademark.12 In this case, you 2. ALTSHULLER, G. S. 40 Principles: TRIZ could see how the innovation is enhanced by Keys to Technical Innovation. Worcester, means of using the three tools of IP MA, USA: Technical Innovation Center, protection. 2002. 135 p.16 3. FEY, V. R.; RIVIN, E. I. Guided Technology Trade secrets, patents, logos, industrial Evolution (TRIZ TechnologyForecasting). designs, and copyright may one by one or Triz Journal, Jan. 1999. together facilitate the acquisition of 4. FEY, V. R.; RIVIN, E. I. Innovation on generation and its business use. Strategic use Demand – New Product Developmentusing of a combination of IP gear in the innovation TRIZ. Cambridge, UK: Cambridge method can drastically make contributions to University Press, 2005. 242 p. facilitating the appropriation of higher 5. MANN, D. Systematic Innovation. profits, maintenance of a top-class Clevedon, UK: IFR Consultants Ltd., marketplace function, thus enabling 2007.492 p. technology-primarily based, modern SMEs to 6. MAZUR, G. Theory of Inventive Problem have a high return on funding. Solving (TRIZ). 1996. Available in:http://www.mazur.net/triz/. Conclusion 7. Pam Samuelson, Randall Davis, Mitchell Innovation is not similar to the invention. Kapor, and Jerome Reichman, “A Manifesto Innovation is a process, which starts off Concerning the Legal Protection of Computer evolved from the concept of a concept to the Programs,” Columbia Law Review 94 launching of a brand new product/procedure (1994): 2308. within the market place. Intellectual 8. SCHUH, G.; GRAWATSCH, M. TRIZ- belongings rights may be used effectively to Based Technology Intelligence. In: facilitate a hit innovation. Innovative EUROPEAN TRIZ ASSOCIATION technology stands a better chance of MEETING TRIZFUTURES 2003. effectively reaching the market if IP is used 9. See Lawrence Graham & Richard Zerbe, strategically. Gauging the significance of IP “Economically Efficient Treatment of in innovation with the aid of simply that Computer Software: Reverse Engineering, specialize in patents as entering and/or output Protection, and Disclosure,” Rutgers of innovation, does not do justice to the Computer and Technology Law Journal 22 sizable function that may be played by way of (1996): 61, at 96-97. the alternative tools of IP. A broader 10. TERNINKO, J.; ZUSMAN, A.; ZLOTIN, B. Systematic Innovation – AnIntroduction to ______ISBN No. 978-93-5396-760-4 79
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TRIZ. Boca Ratton, USA: CRC Press LLC, IEEE INTERNATIONAL CONFERENCE 1998. 208 p. ONINDUSTRIAL ENGINEERING AND 11. ULRICH, K. T.; EPPINGER, S. D. Product ENGINEERING MANAGEMENT, design and development. 5 ed. NewYork: Singapore, Singapore. p. 203-207. McGraw-Hill, 2011. 12. ZHANG, J. et al. Technique of product technology evolutionary potential mappingbased on patent analysis. In: 2007
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Geographical Indication in Intellectual Property Rights
Dr. Neelam Bageshwari1 and Dr. Sunita Shekhawat2 1.Associate Professor (Head), Department of Geography 2. Associate Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding E-mail: [email protected]
Abstract Geographical Indication is a name or sign used on goods which represents its origin in a given geographical area and exhibits its characteristics of that particular place of origin. It is a mechanism that helps and strengthen the producers in today's competitive market and establishing goodwill a reasonable price. It enables join competition and prevent mislead of the public in common. The use of geographical indicators is a certification that the product possesses certain qualities, is made according to traditional methods of a particular space, its regulation varies from country to country. The present paper aims at studying and creating awareness about the legal and geographical importance with special reference to handicrafts in Jaipur.
Keywords: Geographical Indication, Rajasthan, TRIP, WTO Agreement
Introduction A geographical indication (GI) is a name or have the right to use the indication to sign used on certain products which prevent its use by a third party whose corresponds to a specific geographical product does not confirm to the applicable location or origin i.e. town, region or country. standards. In India, we have 618 registered GI's have been defined under Article 22(1) of Geographical Indications, where we have world Trade Organisation Agreement on from Rajasthan also under the category of Trade Related Aspects of Intellectual handicrafts, foodstuff, natural, logo, Property Rights (TRIPS).1 It is registered for an initial period of ten years, which may be pokaran pottery and bagru hand block renewed from time to time. India, member of print. Some of them are as follows: WTO enacted the geographical indications of Sanganeri Hand Block Print Under goods (registration and protection) Act, 1999 (Handicraft) in India. The act came into force with effect Kota Doria from 15th September, 2003. Geographical Maheshwar Sarees and Fabric Indication precedes similar rights and (Natural Goods) production to holder. In ensures no other law Thava Art Work (Handicraft) use the name. Makrana Marble (Natural) Each and every geographical region had one or something having distinguished Molela Clay Work (logo) characteristics in terms of species. (handicraft) Preparation, texture, design and method Blue Pottery (logo) that speaks of its region world over that is Kathputlis (logo) (handicraft) known by the characterisers. It is Khijuria Sweets (foodstuff) important because it enables those who Bikaneri Bhujia (foodstuff) ______ISBN No. 978-93-5396-760-4 81
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Phulkari (handicraft) logo G and I bearing the three colours of the Kota Doria (handicraft) Indian Flag. It also has a tagline in English 'Invaluable Treasures of Incredible India'. It Geographical Indication3 (GI) is one of the promotes only Indian product and its best solutions which: marketing (Pavithra Km) Help the genuine producers to avail optimum cost for their premium goods even in the THE INDIAN GI ACT competitive market. India has put in place a sui generis system Prevent false practices of generating and selling of protection for GI with enactment of a law low-quality products exclusively dealing with protection of GIs. Assist the customers to buy the premium The legislations which deals with protection products. of GI’s in India are ‘The Geographical Indications of Goods (Registration & Today, producers in varied regions of territories Protection) Act, 1999’ (GI Act), and the tend to produce various goods, but providing ‘Geographical Indications of Goods each product with geographical indication is (Registration and Protection) Rules, 2002 quiet difficult. Since the officials have to (GI Rules). India enacted its GI legislations consider a lot of facts while putting a product for the country to put in place national into the list of geographical indication intellectual property laws in compliance achievers, all goods don’t deserve attaining this with India’s obligations under TRIPS. tag. For acquiring the GI tag, the producers Under the purview of the GI Act, which should ensure that their products meet the came into force, along with the GI Rules, standards set by the government or other with effect from 15 September 2003, the authorities. central government has established the
Geographical Indications Registry with all- Need For Legal Protection of GI India jurisdiction, at Chennai, where right- Since the product has commercial potential, 2 legal protection of GI assumes enormous holders can register their GI. significance. Without suitable legal protection, the competitors who do not have In a country like India, the GI registration any legitimate rights on the GI might ride offers the following benefits to the owner: free on its reputation. Such unfair business practices result in loss of revenue for the Full legal protection within the country genuine right-holders of the GI and also Prevents unauthorised use of already misleads consumers. Moreover, such registered GIs by any others practices may eventually hamper the Helps the registered owners apply for legal goodwill and reputation associated with the protection of their GIs. GI.
In India, 361 GIS registered in India as on September, 2019. We have received a 646 applications since the beginning (10th May 2019). Constituting 209 GIS under handicrafts and 109 for agricultural products. It has been classified as agricultural, manufactured, handicraft, natural and food staff. The stuffs which are registered have a
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Registered Geographical Blue Pottery Indications of Rajasthan Kota Doria
Theva
Bikaneri Bhujia Kathputli
Molela Clay Work
Makrana Marble Sanganeri Hand Block Print
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Fig: Procedure after filing application
Conclusion An attempt has been made to present a brief natural goods Patent Information Centre introduction to geographical indications and (PIC) is the model agency for GI production. how it helps the individual stuff and product its characteristics intact. By receiving the GI References tag, it helps strengthening the regional 1. TRIPS AGREEMENT – Article 23 character, protect and conserve its specific 2. The Geographical Indications of Goods characteristics and provide a base for the (Registration and protection) Act, 1999 – economy. It also gives recognition to its Section 2 (e) workers, manufactures, preparation method, 3. https://www.altacit.com/publication/the- art and craft and recipe exclusively. protection-of-geographical-indication- Rajasthan goods are registered under three in-india categories – agriculture, handicraft and
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Why Intellectual Property should be Protected
Dr. Neeta Agrawal Assistant Professor, Department of Accountancy and Business Statistics Kanoria PG Mahila Mahavidyala, Jaipur E-mail: [email protected]
Abstract Intellectual property plays an important role in the global economy’s development. Domain of intellectual property is very large. Designs, Copyrights, and Patents Trademarks since a long time have received recognition. Newer forms of the protection are also developing particularly encouraged by the emergence in technological and scientific activities. The role and importance of the intellectual property protection has been formed in the Trade-Related Intellectual Property Systems (TRIPS) Agreement, with the establishment of the World Trade Organization (WTO). In India, copyrights were regulated under the Copyright Act, 1957; trademarks under Trade and Merchandise Marks Act 1958; patents under Patents Act, 1970; and designs under Designs Act, 1911. Intellectual Property Rights (IPR) contributes enormously to countries’ national economies. Numerous industries’ economy relies on the adequate enforcement of their patents, trademarks, and copyrights. Consumers use IP to ensure they are purchasing safe, guaranteed products. The protection of Intellectual Property Rights (IPR) is important in areas such as research, innovation and employment. Effective IPR enforcement is also essential to health and safety. Particularly, IPR creates and supports high-paying jobs, drives economic growth and competitiveness, protect consumers and families, helps generate breakthrough solutions to global challenges, encourage innovation and reward entrepreneurs. IPR sets your business apart from competitors; form an essential part of your marketing or branding; stop others using, making, selling or importing it without your permission thereby protect it against infringement by others. For these reasons, IP rights are worth protecting, both domestically and internationally.
Keywords: Intellectual Property, Protection, Consumer
Introduction Intellectual Property, comprehensively, advancement. As a rule, Intellectual Property implies the lawful rights which result from law targets protecting makers and other intellectual action in the modern, logical, producers of intellectual products and scholarly and creative fields. Nations have ventures by allowing them certain time- laws to ensure licensed innovation for two restricted rights to control the utilization fundamental reasons. One is to give statutory made of those preparations. articulation to the good and financial privileges of makers in their manifestations There has been a quantum hop in innovative and the privileges of general society in access work (R&D) costs with a related bounce in to those manifestations. The second is to investments required for placing another advance, as a purposeful demonstration of innovation in the commercial center. The Government strategy, imagination and the stakes of the engineers of innovation have spread and utilization of its outcomes and to gotten exceptionally high, and consequently, empower reasonable exchanging which the need to shield the information from would add to financial and social unlawful use has gotten convenient, at any
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rate for a period, that would guarantee tremendous crowds at generally low expenses recuperation of the R&D and other related - however this has likewise expanded the expenses and satisfactory benefits for odds of Intellectual Property thefts. ceaseless interests in R&D. PR is a solid Organizations of all sizes are in danger of apparatus, to ensure ventures, time, cash, having their one of a kind thought, items or exertion contributed by the innovator/maker administrations encroached upon, regardless of an IP, since it concedes the designer/maker of whether they are on the opposite side of the a exclusive right for a specific timeframe for world, making IP insurance more significant utilization of his development/creation. than any other time in recent memory. Therefore, IPR, helps in the monetary improvement of a nation by advancing sound Following are its importance: challenge and empowering modern Keeping the Idea: At the point when one has advancement and financial development. a good thought for an item or administration, there will consistently be individuals who History will need to copy your prosperity and sell The laws and authoritative strategies your thoughts as their own. Contingent upon identifying with IPR have their foundations singular conditions, you can utilize licenses, in Europe. The pattern of allowing IPR began trademarks or copyrights – all of which in the fourteenth century. In contrast with spread various regions of protected other European nations, in certain cases, innovation. These can be utilized to forestall England was innovatively best in class and contenders or any other person from utilizing used to pull in craftsmans from somewhere your thoughts for their own benefit without else, on extraordinary terms. The first your assent. IP assurance applies to all recognized copyrights showed up in Italy. organizations; all things considered; even Venice can be viewed as the support of IP immense enterprises have had their ideas framework as most legal developments in the encroached upon and have made multi- field were done around there was done here; million pound claims; simply take a look at laws and frameworks were made here the on-going questions among Apple and without precedent for the world, and different Samsung over their cell phones. nations followed at the appointed time. Patent act in India is over 150 years of age. The Protecting Growth of Business: debut one is the 1856 Act, which depends on If one has a small company or small business, the British patent framework and it has given it's imperative to ensure any special items or the patent term of 14 years followed by services that you possess as contenders can be various acts and changes. utilized for your prosperity and increasing your piece of the pie, otherwise you may lose Importance of IP Rights significant market share, bringing about Intellectual Property can comprise of a wide moderate development or loss of income. range of zones, from logos and corporate Losing piece of the overall industry from the character through to items, services and get-go in a business' advancement can be procedures that separate one’s business destroying and tedious if attempting to pursue offering. It's the point at which these thoughts up the guilty party with no lawful protection. are utilized without authorization that an It's essential to recall that nobody else will association can endure. Practically all verify whether IP has been encroached; it's organizations have without a doubt profited your obligation to guarantee that nobody else by the web, where items, administrations and is utilizing your benefits. advertising interchanges can contact ______ISBN No. 978-93-5396-760-4 86
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Types of Intellectual Property is put available. In contrast with enrolled There are mainly four types of intellectual configuration, replicating of extra pieces of Property: unregistered plan for instance to fix purposes 1. Patent: A patent is a title which gives its doesn't encroach such rights. Best practice proprietor the privilege to keep others from necessitate that a design is enrolled so as to abusing the development referenced in the profit by a more grounded insurance. patent. It doesn't permit without anyone else's 4. Copyright: Copyright is a legitimate term input making or selling a creation yet it rather portraying rights given to makers for their gives the privilege to reject others from unique abstract, melodic or creative works making, utilizing, selling or bringing in the which permit them to control their licensed development. This imposing consequent use. The makers of such works business model is allowed for a particular naturally gain rights at the date of the field, in a characterized nation and for a limit formation of the work, which imply that they of 20 years as a byproduct of the complete can control their further use. The main honesty of the creation with the distribution supreme prerequisite is that the work is of its specialized subtleties. unique, for example not replicated from 2. Trademark: A trademark is a sign by which a elsewhere and has required unique scholarly business recognizes its items or benefits and exertion by the creator. There is no recognizes them from those provided by conventional enlistment process required to contenders. It tends to be particular words, acquire assurance. Be that as it may, some marks or different highlights. Its motivation national laws permit enlistment of works. is to build up in the psyche of the client a Additionally, in certain nations enlistment connection between all the various items or can fill in as proof in court if there should be potentially benefits that the organization an occurrence of encroachment. The maker is offers, and afterward recognize them from the proprietor of the privilege yet there can be those provided by contenders. An exchange circumstances for example business imprint may comprise of any signs fit for agreements or formation of an aggregate being spoken to graphically, especially work where the possession is moved. As a words, including individual names, logos, rule, copyright assurance goes on until 20 letters, numerals, the state of merchandise or years after the demise of the creator. of their bundling, given that such signs are equipped for recognizing the products or Negative Effects of Intellectual Property administrations of one endeavor from those Rights: of different endeavors. 1. Unequal Distribution of Income: Barring 3. Design: Enrollment of design presents on the others from access to irrelevant merchandise proprietor (temporarily) the elite right to doesn't make any riches. What it does is it utilize the design and to approve others to permits the individuals who make and those utilize it. It likewise incorporates the circulate these merchandise to request some privilege to make, offer, put available, pay for it. So the arrangement of IPR is import, fare, or utilize an item where the plan basically a framework for conveying salary is fused or to which it is applied, or to stock among people. The worldwide dissemination such an item for those reasons. The greatest of riches as we see it today is commonly not span of design security shifts from nation to a reasonable one. The rich are getting more nation from 5 to 25 years. A few nations give extravagant, the poor are getting more a momentary type of assurance for modern unfortunate. Free enterprise lets somewhere design. Enrollment isn't required and in the range of 10 Million individuals for each assurance is esteemed to begin when the item year starve. ______ISBN No. 978-93-5396-760-4 87
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
2. Intellectual Property as a Tool for we see an expansion in observation and Neocolonial Exploitation: Worldwide control on the Internet. enterprises attempt to move creation into nations with low wages, low work rights and Conclusion low ecological principles. Redistributing Intellectual property rights are monopoly and offshoring work to less created nations business model rights that award their holders likewise implies an exchange of innovation the transitory benefit for the selective misuse and ability to these nations. While the of the pay rights from social articulations and companies need the modest work they don't developments. There must be valid need that the individuals in this nations gain justifications for a general public to allow admittance to the innovation as this would such benefits to a portion of its people, and breed rivalry. The authority over along these lines the advocates of these rights 'Intellectual Property' guaranteed that this have given three broadly acknowledged organization can seaward creation to this supports to shield the intertwined worldwide nations while keeping a solid hold over them licensed innovation rights system we have set and guarantee the steady progression of up today. To contend for the abrogation of benefits. This is the reason IPR is a device protected Intellectual rights we need to for neocolonial abuse. It denies access to challenge every one of the three defenses. In information and data to less created nations this way we have examined whether a maker yet guarantees the misuse of the individuals or innovator can be considered as the in these nations. proprietor of an articulation or a development 3. Excluding People from Access to since he is the person who made or created Knowledge and Information Limts its something. We have seen that two parts are Utility: Today the appropriation of generally referenced as defenses for such information and data is amazingly modest individual possession. To start with, the and simple and numerous individuals could regular law based defense which, in view of profit by centerpieces or mechanical self-possession and Lockean allocation information. The industrialist framework hypotheses, expresses that the maker is the doesn't expand effectiveness here by any proprietor of his creation since he has placed means. At the point when access to his own work into his work. In investigating information and data is sliced of through the property idea with John Christman's copyright and patent then a few people cannot differentiation among control and pay rights, utilize these merchandise. we have seen that the measure of work one 4. Censorship: Censorship was the godfather of places into an item isn't associated with the Copyright. At the point when the new print surplus one may create on a market. This machine was imagined people with doesn't imply that a vender on a market has significant influence before long understood not justified his benefit, however one can't the inevitable risk of that innovation. To state that he merits it in view of his work. bring cut the free progression of data and to What's more, we have additionally examined bring it under their influence they conceded that control rights don't bode well for an elite "Copy Right" to choose distributers dynamic items, as they are not rare and don't through which they could control what might decrease or lose esteem when they are be distributed. Today Copyright is as yet used utilized. to stifle basic data. The free progression of Second, the defense by personality rights, data on the web is the general objective. which is on one hand dependent on the idea Under the appearance of protecting Privacy from Immanuel Kant that articulations are expansions of one's character, and then again ______ISBN No. 978-93-5396-760-4 88
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
that thoughts are claimed by the self- There are numerous valid justifications to proprietor like his abilities, aptitudes or body scrutinize the avocations for protected parts are possessed by him. With the innovation rights and in this way the time has assistance of Richard Dawkins' idea of the come to begin the political talk about the image and Daniel Dennett's various drafts annulment of these rights to make a world in model, we have seen that it might be which licensed innovation is common conceivable that we as people are not property. dynamic specialists in the inventive procedure but instead has for the replication References of images, which make, through variety, 1. The Indian Acts – Patents Act, 1970 and choice and heredity, the structure hinders for amendments; Design Act, 2000; Trademarks the social advancement we can observer Act, 1999; The Copyright Act, 1957 and when we watch the improvement of social amendments; Layout Design Act, 2000;PPV articulations. Ludwik Fleck's idea of the idea and FR Act 2001, and Rules 2003; National aggregate was another hypothetical structure Biological Diversity Act, 2003. for a talk of the relational parts of inventive 2. Century of innovation: twenty engineering procedures. With everything taken into achievements that transformed our lives. By account, we have seen that it is a long way George Constable. National Academy Press, from clear that an individual can be 2003. (T173.8 .C68 2003, Library 5 East) considered as the proprietor of the thoughts 3. International Bureau of WIPO, World and articulations which rise up out of his Intellectual Property Organization (WIPO): mind and in this manner the regular law and General Information, WIPO Pub. No. 400 character based supports are challenged. (published annually) Utilitarians would attest that, regardless of 4. World Intellectual Property Declaration by whether we acknowledge that the imaginative the Policy Advisory Commission, WIPO procedure is an aggregate procedure it is as Pub. No. 836, 2001 yet helpful to allow these restraining 5. D. Vaver, Dispute Settlement Procedures infrastructure rights to makers and creators, under the TRIPS Agreement, similarly as with these motivating forces WIPO/IPR/MCT/00/6, September 2000 more development would occur than without, 6. M. Blakeney, Trademarks and Passing Off, which is better for all and better for the most WIPO/IPLT/ABV/99/9, September 1999 worst off. I have answered to this significant 7. International Bureau of WIPO, Trademark contention, and we have seen that diverse Law Treaty and Regulations, WIPO Pub. relative monetary examinations have No. 225, 1994 uncovered that there is likely more 8. P. Sirinelli, Exceptions and Limits to advancement in social orders without Copyright and Neighboring Rights, WCT- intellectual property law contrasted with WPPT/IMP/1, December 1999 social orders with such laws set up. 9. International Bureau of WIPO, Licensing of We have additionally observed that with the Industrial Property Rights—Patents, expectation of complimentary market WIPO/IPE/IR/93/9, June 1993 defenders restraining monopoly rights are 10. Stand Alone Inventor! and Make Money barely to be advocated, as they depend on with Your New Product Ideas! by Robert G. state obstruction, and that even egalitarians Merrick. SNP Editions, 1997. (T339 .M47 could buy in to the cancelation of protected 1997, Reference, Library 2 East) intellectual rights, as they don't add to greater equality.
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Role of Government Agencies in the Regulation of IPR
Poonam Sharma1 and Dr. Kamakshi Tomar2 1 Research Scholar, Department of Botany, IIS University, Jaipur 2 Associate Professor, Department of Botany, Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding E-mail: [email protected]
Abstract Intellectual property rights are the rights given to persons over the creations of their observances. They generally give the creator an exclusive right over the use of his/her creation for a certain period of time. Trade secrets, trademarks, copyrights and patents are types of Intellectual Property. The Trade Related Intellectual Property Rights (TRIPS) agreement is engrossed on global standards for protecting and enforcing IPR. It has scope for protections by being imprecise on implementation and competition issues. The Union Cabinet has approved the National Intellectual Property Rights (IPR) Policy on 12th May 2016 that shall lay the future road map for IPRS in India. Aim of the policy is to create and exploit synergies between all forms of IP concerned statutes and agencies. According to the patent act, 1970 there are some limitations like experimental or research use, use of patented invitation on foreign containers etc., for attaining regulatory endorsement from authorities, collapse of patent rights and parallel imports, compulsory licensing and use or acquisition of inventions by government.
Keywords: Trade, rights, property, patent, limitations and research.
Introduction IP is the security given to inventors or can lead to dishonesty and unfair creators of intellectual products with moral competition. It is not good for commercial and marketable value. The objectives of IP success and can be inhibit the production of law are to provide incentives to create and new ideas and content. Generally, the serve the interests of the public by promoting objectives of IP law include: economic growth. Some examples of IP are: IP rights give creators of IP a financial Literary works, artistic works, scientific incentive. works, broadcasts, phonograms, IP law can enable economic growth by giving performances of performing artists, scientific statutory expression to the creator’s discoveries, inventions in any field of human economic. endeavor, trademarks, service marks, Protect and enforce IP rights covering new commercial names, industrial designs, and upcoming technologies and new protection against unfair competition, other transmission and distribution methods. products of intellectual activity in artistic, Eliminate or prevent discrimination in literary, scientific, and industrial fields. matters that affect the availability, scope,
acquisition, use, maintenance, and Objectives of IP Law enforcement of IP rights. IP rights are important to the success of a Enable U.S. citizens who need IP protection business or brand. There are laws that protect to gain fair and equitable market access owners of IP, mostly in the form of patents, opportunities. copyrights, and trademarks. However, Play an active role in developing the IP destruction of the terms of these protections regime of the World Trade Organization ______ISBN No. 978-93-5396-760-4 90
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
(WTO) to make sure that it is consistent with aspect of industrial property, which adverts other objectives. to the geographical indication mentioning to Help the World Intellectual Property a country or place, situated there is as being Organization (WIPO) build a cooperative the country or place or origin of that product. relationship with the WTO. The given product should have a definite geographical source and group’s qualities or Types of intellectual property in India: a reputation due to that place of source. A 1. Trade Marks – A trademark is a type place name is sometimes used to identify a of intellectual property consisting of a product. This geographical indication not recognizable sign, design,or expression whi only refers to where the product was made, ch identifies products or services of a but more importantly, it identifies the particular source from those of others. product’s special characteristics which are 2. Patents - A patent is a form of intellectual the result of the products source. Using the property that gives its owner the legal right place name when the product was made to exclude others from making, using, elsewhere or when it doesn’t have the usual selling and importing an invention for a features can mislead consumers, and it can limited period of years, in exchange for lead to unfair competition. Some exceptions publishing an enabling public disclosure of are permissible, for example if the name is the invention. [3] already protected as a trademark or if it has become a generic term. 3. Copy rights - Copyright is the exclusive right given to the creator of a creative work 6. Layout Designs of Integrated Circuits- In to reproduce the work, usually for a limited recent technology, integrated circuits are time. The creative work may be in a literary, necessary elements for a wide range of artistic, educational, or musical form. electrical products, including articles of routine use, such as watches, television 4. Industrial Designs -Three-dimensional sets, washing machines and cars as well as features such as the shape or surface of the sophisticated computers, smart phones and article, or two dimensional features such as other digital devices. Developing patterns, lines or color are included in an innovative layout designs of integrated industrial design. Products of industry or circuits are necessary for the production of handicraft; from watches, jewelry, fashion ever-smaller digital devices with more and other luxury items to industrial and functions. medical implements; from house ware, furniture and electrical appliances to 7. Plant Varieties- The protection of new vehicles and architectural structures, from plant varieties is another aspect of practical goods and textile designs to leisure intellectual property rights, and as such items, such as toys and pet accessories are seeks to admit the accomplishments of the part of industrial designs. A new designs breeders of new plant varieties by giving law repealing and replacing the Designs Act, them, for a limited period, an exclusive 1911 has been passed by Parliament in the right. To achieve such security, the new Budget Session, 2000. This Act has been varieties must satisfy specific norms. brought into force from May 11, 2001. Variety is defined as a plant grouping within a single botanical taxon of the lowest known rank. Provided that the herb should 5. Geographical Indications - Geographical be new or novel, distinct, uniform, stable indications of goods are defined as that and have a suitable denomination.[2] [3] ______ISBN No. 978-93-5396-760-4 91
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Role of Government bodies in India 1. Public Awareness – Public awareness 5. Commercialization of IPR- should be creating about the economic, social commercialization plays an important role in and cultural benefits of IPRs among all the value and economic reward for the sections of society. Many IP holders are owners of IP Rights. The financial value of innocent of the benefits of IP rights or of their IPRS is captured by the encouragement of own capabilities to create IP assets or the Entrepreneurship. It is necessary to connect value of their ideas. They are often depressed investors and IP creators. by the complexities of the process of creating defendable IP rights. 6. Enforcement and Adjudication – There is a need to construct value for IPR among the 2. Role of Research and Development general public and to sensitize the inventors Institutions- In India scientific and and creators of IP on measures for protection technological talent pool is spread over R and and enforcement of their rights. At the same D institutions enterprises, universities and time, there is also a need to make the capacity technical institutes. There is a necessity to of the enforcement agencies at various levels, help this fruitful knowledge resource and including reinforcement of IPR cells in state motivate the creation of IP assets. Device Police forces. Regular IPR workshops for mechanisms for grassroots innovators should judges would make possible efficient be taken by the corporate sector. adjudication of IPR disputes.
3. Laws for Protection and Promotion of 7. Expansion of Human Resources – IPRs- Judicial decisions provided an Capacities for teaching, training and skill established and valuable legal; skeleton for building in IPRs should be reinforce. It is protection and promotion of IPRs. The active necessary to develop an increasing pool of IP Laws in India were either enacted with it IPR professionals and experts. to have strong and successful IPR Laws, which balance the interests of rights owners 8.Implementation- The aim of the policy is to with larger public interest. integrate IP as a policy and strategic tool in development of national plans. It foresees a 4. IPR Administration – The officers that corresponding and incorporated development administer the different intellectual Property of IP system in India and the need for a Rights are the pillars of an efficient and holistic approach to be taken on IP legal balanced IPR system. Officers have the administrative, institutional and enforcement double challenges of making their operations related matters.[1] more efficient, smooth and cost effective, with increasing work load and technological References complexity as well as enhancing their user friendliness by developing and providing 1. dipp.gov.in-national-ipr-policy. value added services to the user community. 2. Ganguli P. (2003), Indian Path towards Under the guidance of DIPP, besides TRIPS compliance. World Patent constituting a cell for IPR promotion and Information; 25-143. management (CIPAM) both the 3. Shodhganga.inflibnet,ac.in administration of the copy right Act, 1957 4. www.TRIPS.org and the semi-conductor integrated circuits 5. www.wipo.int layout Design Act, 2000 is being brought.
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
A Review: Legal framework on Environmental Protection
Priyanka Jangid Assistant Professor, Department of Chemistry Kanoria PG Mahila Mahavidyalaya, Jaipur Email: [email protected]
Abstract ‘Our environment’ is our surrounding. This includes living and nonliving things around us. The environmental problems in India are growing rapidly. The increasing economic development and a rapidly growing population that has taken the country from 300 million people in 1947 to more than one billion people today is putting strain on the environment, infrastructure and the country’s natural resources. Environmental pollution is one of the most serious problem facing humanity and other life forms on our plants. Global warming, ozone depletion, air pollution, water pollution, rain forest destruction are some major issues related to environment. Climate change, compensatory afforestation management, pollution control, transparency in environmental and forestry clearances are some major regulatory framework or key initiatives for environment protection.
Keywords: Infrastructure, compensatory afforestation, transparency.
Introduction the WTO’s intellectual property agreement The environmental problems in India are and the convention on Biological Diversity growing rapidly. Industrialization process (CBD). Intellectual property in the WTO is and overexploitation of country’s resources known as “TRIPS”- trade related aspects of lead to degradation of resources. The intellectual property rights. The links environment comprises all entities i.e. living, between the TRIPS agreement and the non-living, natural and manmade things. environment are complex. Discussions on the Environmental concerns relate to their issues related to them are mainly taking place degradation through actions of humans. in the TRIPS council. The aim of TRIPS is Unfavourable change in any component of mainly to avoid patents being issued for the environment which causes discomfort in inventions that are not new. normal life is known as ‘Environmental Pollution.’ The need for conservation and Innovation policies together with the sustainable use of natural resources has been environmental laws play a role in addressing expressed in Indian scriptures which s many global environmental issues. reflected in the constitutional, legislative and Intellectual property rules fundamentally policy framework. Several environmental affect the quality and availability of legislations existed before India’s innovative ideas and products and are independence in 1947 but their framework important in achieving sustainable came only after UN conference on Human development, ensuring human health and Environment (Stockholm, 1972). [1] protecting the environment. Sustainable development is development that meets the Intellectual Property and Environmental needs of the present without compromising Law the ability of future generations to meet their The trade and environment Committee has own needs. There are three pillars of mainly focused on the relationship between sustainable development which are economic
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growth, environmental protection and social implement the above act the National equality. Each of these three ideas contributes Biodiversity Authority was established in equally to overall idea of sustainability. [2] September 2003. India is one of the 12 mega Intellectual property and environmental biodiversity countries of the world. With only problems have a common denominator: the 2.5 percent of the total land area, India industrial revolution. This great period of accounts for 8 percent of the recorded species industrialization, production and worldwide of the world which includes millions of races, economic boom was a watershed for both. subspecies and local variants of species. Nowadays, green technologies are essential to counteract the environmental impacts Access and Benefit sharing of Biological caused by human activities. The Indian Diversity Act intellectual property rights system represents The Biological Diversity Act, 2002 India, one of the most mature IP systems amongst addresses the issues concerning access to developing countries. The US and other genetic resources. The act governs access and developed countries such as Japan, Denmark, benefit sharing through a three tier system, Germany, United Kingdom, Australia and National Biodiversity Authority (NBA), State New Zealand have pushed for stronger and Biodiversity Board (SBB) and Biodiversity longer protection of intellectual property Management Committees (BMC). rights related to clean technologies. [3] The National Biodiversity Authority deals Climate Change and Intellectual Property with matters relating to request for access to Environmental impacts on water, air, soil and bioresources and associated traditional climate resulting from human activities was knowledge by foreign individual institutions ignored for many years, which causes serious and all matters related to transfer of results of and irreversible effects. Intellectual property research to any foreigner and approval for is emerging one of the most useful tools for seeking any form of Intellectual Property slowing climate change for being directly Rights in or outside India for an invention related to the creation of new technologies. based on research. Climate change is dependent on economic growth that works rather than against the State Biodiversity Board deals with matters environment. Innovative green technology relating to access to bioresources by Indians can help by allowing us to do more with less. for commercial purposes and restrict any The challenge is to enhance the environment activity which violates the objectives of for innovation, while enabling speedier conservation, sustainable use and equitable diffusion of these green technologies to all sharing of benefits. Biodiversity parts of the world. Management Committees deals with the conservation, sustainable use, documentation Environment Protection of biodiversity and chronicling of knowledge Protection and improvement of natural related to biodiversity. BMC should be environment including forest, lakes, rivers consulted by NBA on matters relating to use and wildlife is one of the fundamental duties of biological resources and associated of citizens. Law is a term used for set of rules knowledge within their jurisdiction. [5] or regulations passed by the legislature. [4] Conclusion Biological Diversity Act, 2002 The awareness towards improving the quality This act was enacted in the parliament of of environment need to be increased India on 5’Th February 2003 and to substantially. Education campaigns should ______ISBN No. 978-93-5396-760-4 94
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focus on the importance of environmental 2. International Bureau of WIPO, World issues. Environmental protection and the Intellectual Property Organization (WIPO): conservation of natural resources would keep General Information, WIPO Pub. No. 400 competing with the commercial issues 3. Intellectual Property, A Power Tool for worldwide. Efforts should be made at Economic Growth by Kamil Idris, WIPO different levels to minimize environmental Pub. No. 888, January 2003. pollution and thus help in improving the 4. Strengthening Environmental Legislation quality of life. It is the responsibility of in India prepared for Asian Development everyone to protect our environment. Thus Bank, Manila and Ministry of Environment creating a quality ecological environment and and Forests, Government of India, Centre sharing wonderful green living together is for Environmental Law, WWF- India responsibility of everyone. 5. National Biodiversity Authority, IPR Application Form, Biological Diversity References Rules, http://www.nbaindia.Org/applications/rule 1. Environmental law and policy in India, cases, form19.htm material and statutes, 2’nd edition New York: Oxford University Press
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Intellectual Property Rights in Science: Issues and Challenges
Dr. Ranjana Agrawal Associate Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract If someone invents something new, there should be a mechanism to spread and “teach” it, as well as to guard it so that the inventor--and his or her assigns--may benefit from it. If every invention can be cliched by others immediately, the invention process wouldn't be very profitable, and a major driver of innovation would be lost. On the other hand, a considerable number of technical professionals believe that IPR (patents) can slow the progress of science. Patents create a monopoly around specific areas of technology and, in extreme cases, prevent others from making progress in the area. Patenting the ideas may prevent the widest possible adoption. Wouldn’t it be better to have the freedom to publish all inventions and let the whole world to gain the benefit? In some cases, the answer is yes. The Open Source movement is one example of a revolt from “intellectual property” and the development of an “intellectual commons” in which many people freely share and contribute improvements to software and, arguably, achieve a final product that is superior in reliability to that produced by an individual software company. This is one aspect however, in other scientific fields, an open-source IP may hamper the adoption of a technology. Companies, especially high-tech start-ups, require millions of dollars of investment before they produce a product that is ready for the commercial market. If a company has no protection from copycats, their invention is likely to be copied as soon as it hits the market. The price of the product would quickly fall to the level of the marginal cost of its manufacture. Knowing this, no company is likely to invest in the product's development unless it has legal fortification. So, there may be some circumstances in which patenting your invention is the best way to ensure that it will be used by someone. Scientific communities in developing countries are particularly vulnerable to limitations of cooperation and access to information, resulting from stronger intellectual property rights protection, as their efforts to obtain normal science results must be considerable. Present review furnishes a brief overview of IPR with special emphasis in science on issues and challenges originates from it.
Keywords: IP, Patents, Copyrights, Invention.
Introduction Intellectual property (IP) is the novel ideas, These legal rights confer an exclusive right to scientific inventions and creation of the the inventor/creator or his assignee to fully human intellect such as artistic, literary, utilize his invention/creation for a given technical, or scientific creation on which period of time. It is very well established that there is a public willingness to bestow the IP play an important role in modern economy. status of property. Intellectual property rights IPR is a potent tool, for the investment (IPR) refers to the legal rights given to the protection, time, money, effort invested by inventor or creator to protect his invention or the inventor/creator of an IP, since it grants creation for a specific period of time (1). the inventor/creator an exclusive right for a
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certain period for use of his the ancient times when artisans used to put invention/creation. Thus IPR, in this way aids their signature or “mark” on their products. the economic development of a country by encouraging robust competition and Designs encouraging industrial development and This protects designs, like drawings or economic growth (2). IPR is prerequisite for computer models. Copyrights protect the better identification, planning, dramatic arts. They give owners sole rights to commercialization, rendering, and thereby reproduce their own work, publicly show or protection of invention or creativity. The perform their work, and create a derivative. main social purpose of protection is to Moreover, owners are given the property encourage and reward creative and scientific rights to financially benefit from work and work. Despite several advantages, IPR in prohibit others from doing so without their sciences have some issues. Present review consent. It is vital to realize that copyrights furnishes a brief overview of IPR with special do not protect thoughts, only how they're emphasis in science on issues and challenges expressed. emanates from it. Geographical Indication Major types of IPRs A geographical indication (GI) is a sign used There are various subject matters of on products with a certain geographical intellectual property like Patents, Copyright, origin and possess characteristics or a Trademarks, Industrial design, Plant reputation resulting from that origin. To serve Varieties etc which work in various areas are: as a GI, a sign must identify a product as originating in a place. Patent An exclusive right granted for the invention is a patent. Invention may be a product or a Necessity for the Intellectual Property process which provides, in general, a new Rights in India: way of doing something, or offers a new There are multiple reasons (5) which forces technical solution for the problem. To get a IPR in India patent, technical information about an Protection and promotion of intellectual invention must be disclosed to the public in a property encourages economic growth, patent application. creates new jobs and industries, and improves the quality and pleasures of life. Copyright The progress and well-being of humankind Copyright is a legal term describing the rights rest on its ability to generate and invent new that makers have over their art and literature. works in the fields of science and technology. Works which are subject to copyright range The legal protection to new creations from books, music, sculpture, paintings and encourages the commitment of additional films, computer programs, databases, resources for further innovation. advertisements, maps and technical An efficient and equitable intellectual drawings(4). property system can help all countries to realize intellectual property’s potential as a Trademarks catalyst for the economic development and A trademark is a character capable of social and cultural well-being. distinguishing the goods or services of a The intellectual property system helps to single enterprise from those of other balance the interests of innovators and the companies. Trademarks can be traced back to general public, providing an environment ______ISBN No. 978-93-5396-760-4 97
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where creativity and invention can grow, for the Judiciary to take up IP matters, at the the benefit of all. same level as other economic offences, by bringing them under their policy radar. Legislative Structure to safeguard IPRs in Compulsory Licensing: Compulsory India: licensing is when a government allows IPR-related issues in India like patents, someone else to produce a patented product copyrights, trademarks, designs and or a process without the approval of the patent geographical indications are governed by the owner or intends to use patent- protected Patents Act 1970 and Patent Rules 2003, invention itself. Trademarks Act 1999 and the Trademarks Missing Think Tank: It is imperative that Rules 2002, Indian Copyrights Act, 1957, there be established a ‘Think Tank’ or a Design Act 2000 and Rules 2001, and The group, which can bring the varied sets of Geographical Indications of Goods stakeholders on to a common platform, (Registration & Protection) Act, 1999 and leading to extensive/exhaustive and an all- The Geographical Indications of Goods inclusive debate/discussion, facilitating well- (Registration & Protection) Rules 2002, informed policy decisions in accordance with respectively. India’s socio-economic-political needs.
The Advantages of IPR Patent evergreening: Evergreening is the It promotes and protects intellectual and term used for the legal and technological artistic creation. alternatives adopted by Pharmaceutical It encourages investment in research and companies to extend their exclusivity of over development efforts. production and sale of patented medicines It gives consumers the result of creation and beyond the prescribed statutory timeline of invention. 20 years (3). To address the issue of It allows the spread of new ideas and evergreening, the Indian Parliament technologies rapidly and widely. introduced Section 3(d) by way of 2005 IPR ensures safe environment for investors, Amendment to the Patents Act, 1970. Section scientists, artists, designers, traders etc. to 3(d) categorically excludes the derivatives, promote innovation and scientific salts (trivial tweaks) to the known compound temperament. This innovation often has the as not being inventions under the Act. The potential to yield astronomical returns and Supreme Court of India, in 2013, held Section rewards to creators and users. Obviously, 3(d) to be constitutionally valid original inventors shall have the rights to Funds: The current challenges also lie in such profits. But it is essential that society at getting an IP fund, which can be utilized for large must also be benefited by such further developing the IP culture in the outcomes. Thus, IPR regime is intended to country strike balance between public and private Monopolies: IPR has encouraged rights (6). monopolies; many take overs have been motivated by access to an IPR (7). Issues Related to IPR in India Lack of Awareness Lacks effective enforcement: While the IPR It may harm biological diversity and regime in India consists of strong IP laws, it ecological balance. lacks effective enforcement, for which “least Have a negative impact on the livelihood of priority given to resolution of IP matters” is poor people in developing countries. often quoted as a reason. Major challenge is to sensitize the law enforcement officers and ______ISBN No. 978-93-5396-760-4 98
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There are certain Recent Controversies Online e-filing facilities for patent and found related to Intellectual Property trademark application were introduced. Rights are Due to these steps, online filing has jumped The Special 301 Report: The Office of the from under 30 per cent to over 80 per cent U.S. Trade Representative has once again in just a year. placed India on ‘Priority Watch List’ in their Increasing transparency and dissemination annual Special 301 Report on the state of of information, the real time status of IP intellectual property protection. The report applications and e-registers is now open for has criticized the Indian health ministry for public. “creating uncertainty in pharmaceutical To encourage for innovation and seek market” by demanding that pharmaceutical protection for their inventions, a 50 per cent companies provide details of how they were fee reduction has been provided. using the granted patents. IPR Awareness program has been Gujarat Farmers vs Pepsico: Recently the US conducted in over 200 academic multinational ‘Pepsico’ sued nine farmers for institutions, including rural schools through alleged “rights infringement” by “illegally” satellite communication, and for industry, dealing with its registered potato variety used police, customs and judiciary. in its Lays chips. Although after discussions Recently National IPR policy has with the government, the company has agreed introduced by Indian Government. to withdraw cases against farmers. Way Forward Government measures to protect IPRs India’s rank in global innovation index Apart from passing various legislations, Report issued by World Intellectual Property Government of India took several steps to organization (WIPO) has greatly improved provide continuous and endless betterment of from 81st in 2015 to 57th place in 2018 due the Indian IP ecosystem in the country. To to Governmental efforts. There is no doubt this effect, the DIPP has formulated a multi- that much more awareness about the creation, pronged strategy to develop an Intellectual protection and enforcement of IPRs would go Property regime (IPR) in the country to a long way to encourage the Indian industry promote creativity and to develop the culture not only for innovation but also to protect and of respect for innovations and creativity. enforce their innovations(8). Government of The IP office has been transformed to India should try to implement a new IPR enhance efficiency in processing of policy effectively so that the IP Rights are applications, uniformity and coherence in the fully protected. examination of requests, bilateral cooperation at an international level, and increased Challenges of IPR awareness level of the public(9). Flip sideshows that the impact of IPR in India To modernise the administration, an is limited and currently facing challenges. additional 1,033 posts have been created — Violations are widespread because of poor 666 posts for patents and designs and 367 for enforcement of rights and legal cases that trademarks and GI (geographical indicators) could run for several years. This is a sensitive at various levels. issue, particularly for large multinationals in Recruitment is underway and patent and areas like pharmaceuticals and agriculture. trademarks examiners are being taken on India is on the United States Trade contract to tackle the backlog, to cater vast Representative’s (USTR’s) ‘Priority Watch flow of the papers filed, a single central List’ for poor protection of the rights of server at IPO Delhi has also been put in place. American companies, along with countries ______ISBN No. 978-93-5396-760-4 99
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like China, Russia, Indonesia, Saudi Arabia challenges in various fields of medicine, and Venezuela. agriculture, communication, transport etc. The Indian government, for its part, has been unwilling to enforce IPR to safeguard interest Conclusion in Indian citizens in some instances. For Offering first class IPR is one of the toughest example, under the provision of compulsory aspects of the Indian Economy. Still it is not licensing, the government can force the impossible to overcome. Way forward of patent owner or get someone else to mass- India for IPR regime includes many produce an essential drug in an emergency. milestones to cover. Furthermore, generating Another controversial issue is Section 3(d) of IPR related awareness to the commons, the Indian Patent Act, which prevents large creating patent cells specific for every subject pharma companies from ‘evergreening’ or of intellectual property and encouraging continuing the patent indefinitely by making R&D minded entrepreneurship, there is no minor changes in earlier patents. IPR doubt that we will soon be able to not only protection in agriculture is a sensitive subject have a progressive IPR regime, but also in India. Under the TRIPs agreement, contribute to the overall growth to India’s subsidies like minimum support prices for economy. agricultural produce and those for fertilizer etc. must be eliminated. Since issues of food References security and livelihoods are involved here, 1. Singh R. Vol. 1. New Delhi: Universal Law political parties are unlikely to allow this to Publishing Co. Pvt. Ltd; 2004. Law relating happen anytime soon (10). There has also to intellectual property (A complete been some resistance from farmers to the comprehensive material on intellectual patenting of seeds by multinational property covering acts, rules, conventions, corporations. Traditional knowledge and treaties, agreements, case-Law and much products acquired over the centuries using more). local know-how, have been kept out the reach 2. Kwan, Y. K., & Lai, E. L. C. (2003). of patents. The government has created a Intellectual property rights protection and database of such products and processes in endogenous economic growth. Journal of the Traditional Knowledge Digital Library. Economic Dynamics and Control, 27(5), 853-873. Not everyone is in favour of this IPR 3. Saha, C. N., & Bhattacharya, S. (2011). protection provided by state. Some people Intellectual property rights: An overview and claim that no innovation is done in isolation. implications in pharmaceutical They are result of incremental innovations industry. Journal of advanced which are on from times immemorial. So, any pharmaceutical technology & research, 2(2), innovation, rather than individual asset is a 88. social asset. Further, it is argued that most 4. Granstrand, O. (2005). Innovation and new patents are result of serendipity. There is intellectual property rights. In The Oxford no co-relation between effort, outcomes and handbook of innovation. rewards. 5. Unit, I. P. R. (2007). Poverty, health & intellectual property rights with special Notwithstanding strength of these criticisms, reference to India. Indian J Med Res, 126, it should be realised that over the years IPR 390-406. protections have encouraged huge 6. Reitzig, M. (2004). Strategic management of investments and efforts in areas of applied intellectual property. MIT Sloan science. We have overcome numerous Management Review, 45(3), 35. ______ISBN No. 978-93-5396-760-4 100
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7. Shavell, S., & Van Ypersele, T. (2001). 10. Boyd, S. L., Kerr, W. A., & Perdikis, N. Rewards versus intellectual property (2003). Agricultural Biotechnology rights. The Journal of Law and Innovations versus Intellectual Property Economics, 44(2), 525-547. Rights: Are Developing Countries at the 8. Boyle, J. (2004). A Manifesto on WIPO and Mercy of Multinationals? The Journal of the Future of Intellectual Property. Duke World Intellectual Property, 6(2), 211-232. Law & Technology Review, 3(1), 1-13. 9. Cychosz, A. (2003). The effectiveness of international enforcement of intellectual property rights. J. Marshall L. Rev., 37, 985.
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Bio-Diversity, Bio-Piracy & Bio-Prospecting: Indian Perspective
Dr. Ritu Jain1 and Dr. Sunita Shekhawat2 1 Assistant Professor, Department of Botany 2 Associate Professor, Department of Zoology Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding E-mail: [email protected]
Abstract India has rich culture, knowledge base and wealth of biological resource. A great number of treaties and folklore exist in many languages. Biological resources and related traditional knowledge are known for possessing great commercial value. It is estimated that chance of getting a molecule of potential for medicinal use is one out of 10000 as compared to one out of 1000 from indigenous knowledge. Large organizations and corporations are vying for obtaining exclusive access to bio resources for their commercial interests. This exploitation by corporate giants without sharing the benefits with rightful holders of such knowledge and resources has been a concern for developing nations like India.
Keywords: Biodiversity, Bio-piracy, Bio-prospecting, Traditional Knowledge
Introduction Biodiversity is the sum total of life systems flowering plants with about 17,500 species on Earth encompassing the microorganisms representing about 7% of the flowering plant to large animal, algae to big trees and man. It species of the world, spread across 140 exists on three levels, Habitat, species and genera and 5285 species. Based on the genetic. India has rich biodiversity at three distinctiveness of the phytogeographical levels along with equally rich cultural zones and the pattern of endemism, 25 micro diversity and immense wealth of traditional hot spot centres of endemic flora have been knowledge system, which has been identified by Nayar (1996) [1]. The East developed, preserved, shared and cared by Himalayas and the Western Ghats are among the society. India is bestowed with vast faunal the 25 ‘global hot spots’ of biodiversity [2]. and floral diversity, evident from the fact that it is 10th among the floral diversity in the This species richness in India is world. complemented by vast genetic diversity found within individual species. India is one India harbours about 1.26 million species of among the 12 mega gene centres of the world, plants, animals, algae, fungi and other and is considered the centre of origin and microorganisms, which have been identified domestication of as many as 166 major and and classified. The Indian floral wealth is minor crop plant species and as many as 320 both rich and diverse because of range of wild relatives of crop plants. variations in climate, altitude and ecological habitats. It is estimated that the floristic The Indian gene centre harbours about 166 variety of India comprises of over 30000 species of native cultivated plants. The crops species (excluding fungi), dominated by with primary, secondary and regional centres ______ISBN No. 978-93-5396-760-4 102
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of diversity represent a part of native and A major fraction of the world’s inhabitants, introduced species which account for over primarily in underdeveloped nations and rural 480 species [3]. Biodiversity accomplishes societies, still rely on the indigenous two important functions, one it regulates and medicinal knowledge of locally available maintains the stability of climate, water plants for not only their medical necessities regime, soil fertility, quality of air and overall [9, 10], but also for food and agriculture [9]. health of the life support system on earth; two Traditional knowledge not only includes the it provides food, fodder, fuel, fibre, shelter, recorded knowledge of plants for medicinal medicine and raw materials for meeting the use, but also takes into account the oral multifarious needs of human race. knowledge that has been passed on from ancestors [9]. Traditional Knowledge Traditional Knowledge (TK) often also The accumulated wisdom, knowledge, belief referred to as indigenous knowledge or local and practices embodied in the TK system knowledge does not have any precise were handed down to generation by an definition, but broadly, is a community created system of knowledge that has been unbroken tradition and culture. It is developed, curated, preserved and uniqueness pertaining to a particular culture maintained over generations by the local and or society and has evolved as a result of the indigenous communities through their coevolution and coexistence of both the continuous interactions, observations and indigenous cultures and their traditional experimentations with their surrounding practices of ecosystem services and environment [4, 5]. management. According to the World Intellectual Property Organization (WIPO), TK in the broad sense Bio-Prospecting refers to “intellectual and intangible cultural Bio-prospecting literally means pursuit for heritage, practices and knowledge systems of bio resources. In an ASEAN Workshop on traditional communities, including TRIPS Agreement, it has been defined as the indigenous and local communities…” [6] In systematic search for and development of new sources of chemical compounds, genes, this definition, TK is not limited to the micro-organisms, macro-organisms, and content of the knowledge itself but includes other valuable products from nature. [11] the various associated practices, tools, The developing nations rich in heritage, symbols and expressions that come with it culture & traditional knowledge has raised [6]. Chidi Oguamanam also adopts a various legal issues for preservation of the similarly broader – although slightly different biodiversity & traditional knowledge, which definition [7]. He embraces Howard Mann’s became the target of for research and definition of ‘indigenous knowledge’ as that exploitation by the powerful multinationals which includes “information, understanding, and the developed countries. It has been and knowledge that reflects symbiotic observed that corporations from all over the relationships between individuals, world have pushed for gaining of intellectual communities, generations, the physical property rights over their research on environment, and other living creatures, and biological resources and traditional the spiritual relationships of a people.” [8] knowledge to maximize their wealth. [12] ______ISBN No. 978-93-5396-760-4 103
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Patenting as a form of IPR has become a tool use has been critiqued by scholars of for monopoly over these resources/ jurisprudence [16, 17]. Biopiracy mainly knowledge. refers to the use of bio-resources and/or indigenous knowledge of tribes or Biopiracy communities without sharing the revenues The Oxford Dictionary defines Biopiracy as: earned out of economic and nonmonetary “the practice of commercially exploiting exploitation of such resources [18, 19]. naturally occurring biochemical or genetic Another related issue is the possession of material, especially by obtaining patents that knowledge [20]. It was argued that the restrict its future use, while failing to pay fair patenting of herbs or natural products by compensation to the community from which pharmaceutical corporations disregarded the it originates” [13]. The Indian scientist rights of the indigenous communities’ Vandana Shiva refers Biopiracy as the use of knowledge on how these substances worked. intellectual property systems to legitimize the exclusive ownership and control over Biopiracy in guise of bioprospecting is biological resources and biological products practiced either as access and use of and processes that have been used over biological resource or traditional knowledge centuries in non-industrialized cultures [14]. without the authorization of the country of Intellectual Property Rights (IPR) and the origin and indigenous communities or lack of international agreements such as TRIPS have benefit sharing with the communities who are tremendously increased the risk of the rightful owners of these resources [21]. misappropriation of the traditional knowledge of developing countries bestowed Legal Issues with Traditional Knowledge with richness of culture and biodiversity and & Bioprospecting well entrenched indigenous knowledge Trade Related Aspects of Intellectual systems like India. Biopiracy is about Property Rights (TRIPS) Agreement of WTO deriving commercial gains from of and claims of patent based on such traditional bioresources and associated knowledge knowledge & bioresources, as a form of IPR system from traditional or indigenous have become a common way of creating communities, individuals or from the monopoly. The award of patent by the U.S. country, without access benefit sharing with Patent Trade Office on Neem, Turmeric, them. The term is also used to refer to such Conospermum, Basmati Rice etc. are some of infringement of contractual obligations on the glaring examples of IPRs over traditional access and use of bioresources and traditional knowledge possessed by India. knowledge to the detriment of the provider including bioprospecting without the consent The UN Convention on Biological Diversity of the indigenous communities [15]. (UN-CBD) signed in 1992 and which came to effect from 23rd December 1999 is founded The term biopiracy gained currency in the on the principal of equity, ethics, biodiversity 1990’s in public discussion platforms by and dependence of local communities on it environmentalists and non-governmental for their survival. It provides for the organizations. However, the correctness of its ______ISBN No. 978-93-5396-760-4 104
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protection of traditional community’s utilization of bioresources on the basis of resources and their knowledge system and mutually agreed contracted terms between creating opportunities for the sustainable use the bio-prospectors and the source country. It of bioresources and conservation of also included rules to protect traditional biodiversity at the same time. It also medicinal knowledge and to compensate for acknowledges the sovereignty & right of a such knowledge that is already being nation over its biological resources and patented or being used in an inappropriate expects the signatory parties to uphold this manner. Although set up in the year 2010, it right in their jurisdictional territory. This still awaits ratification by more than 50 treaty, however, was not signed by several nations. countries, including U.S.A. The UN Draft Declaration on Rights of Article 15 of CBD postulate that Indigenous Peoples (UNDRIP), which still bioprospecting contracts shall primarily has not become a treaty or convention, states based on the three objectives, namely, that the people from the local indigenous disclosure of source of country of origin, communities have a special right of complete prior informed consent & fair and equitable ownership, control, and protection of their sharing of benefits. Article 8 (j) says that the science, technology, and cultural expressions. state must preserve and maintain the traditional knowledge of their local Indian traditional knowledge system indigenous communities which embodies embodies thousands of years of acquired traditional lifestyles for conservation and knowledge manifested in its various sustainable use of biological diversity, and alternative medicine system. This vernacular the knowledge holders must promote sharing information in bio-diversity & traditional of its benefits. Article 10(c) expects that each knowledge has been a significant source for party shall protect and encourage customary biopiracy [22]. This has been widely held that use of biological resources in accordance approximately 80 percent of the medicinal with traditional cultural practices that are plant patents in the U.S. are of Indian origin compatible with conservation or sustainable [23] and about 50 percent of the drugs use requirements. reported in the British Pharmacopoeia have their origins in medicinal plants from the The Nagoya Protocol, 2010, on Access to Western Himalayas [24]. Genetic Re- sources and the Fair and Equitable Sharing of Benefits Arising from In order to protect its biodiversity and to Their Utilization to the Convention on exercise its rights under the international Biological Diversity widened the horizons of treaties the India has enacted two important CBD by launching a solid system legislations namely Protection of Plan determining access and benefit-sharing. The Varieties and Farmers Act of 2001 and the seekers of bioresources are required to Biodiversity Act of 2002. It also enacted the comply with the twin requirements, the Biological Diversity Rules, 2004 for access and benefit sharing regulatory pre- operationalization of various aspects of requisites of the source countries, and the Biodiversity Act. ______ISBN No. 978-93-5396-760-4 105
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Although there is no statutory definition or development of new crop varieties. All use of the term bio-prospecting in the applicants intending to register for new plant Biodiversity Act or the Biodiversity Rules, it varieties are required to reveal the source of can be read into the definition of “bio-survey” their varieties, which has been used for and “bio-utilisation” given under Section 2(d) breeding. of Biodiversity Act. The framework for regulation of bio-prospecting through Ironically, the very knowledge that is necessary approvals and safeguards has been foundation of modern scientific research and analysed below: development is not viewed as a science, commercialisation by scientists and industry The Biodiversity Act provide for the setting results into private wrongful gain of the profit up of National Biodiversity Authority for and the local societies which provide the granting prior approval for the activities such leads and raw materials gain nothing. as intellectual property rights for any invention based on any research or Traditional Knowledge Digital Library information on a biological resource obtained (TKDL) was established in the wake of the from India; obtaining any biological resource India’s efforts to revoke a patent granted by occurring in India or associated knowledge the United States on the wound-healing for research or commercial utilization or bio- properties of turmeric and the patent granted survey and bio-utilization or transfer of in the Europe on the bio-pesticidal properties results, transfer of biological resource or of neem. It has been observed that it takes knowledge. The authority has to ensure that around 10-15 years to get patent revoked while granting such approvals the terms and compared to 3-4years to challenge the patent conditions secures equitable sharing of being applied based on traditional benefits arising from use and access of the knowledge. TKDL is a digital knowledge biological resources. repository and a database of around 34 million pages of organised information on Additional safeguards includes prior roughly 2.26million Indian medicinal intimation to the State Biodiversity Boards by formulations with the help of information any citizen of India or a body corporate technology tools and knowledge registered in India for undertaking activities classification system. India has signed TKDL such as procuring any biological resource or access agreements with various countries and bio-survey or bio-utilization for commercial when patent applications are filed on the basis exploitation. of wrong claims of prior art a “third-party observation” can be filed and made easily Protection of Plant Varieties and Farmers searchable. Rights Act, 2001, recognizes and rewards the contribution of breeders and farmers to the
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A Brief list of the Biopiracy cases related with Indian Origin Resources & Traditional Knowledge [25, 26, 27]
S No Name Traditional Uses Patent Brief
1 Neem As an effective A US timber importer after In May 2000, a (Azadirachta medicine for various studying its curing coalition of groups indica) types of properties, extracted a successfully diseases because of its pesticidal agent called overturned the patent insect and pest repellent Margosan-O. In 1985, the held by the US properties, spermicidal bio-pesticide derived from company over the activity neem tree received clearance Indian neem tree. The from the US Environmental Patent was revoked on Protection Agency (EPA). Challenge. 2 Aswagandha Treatment of insomnia, Patent granted to US Out of several patents (Withania depression, gastric multinational as a success achieved in somnifera) ulcers and convulsions supplement for healthy revoking only one. joints. US patent office also granted a dozen patents on Aswagantha related properties 3 Haldi / Treatment for sprains, Two scientists from the The US Patent and turmeric inflammatory conditions University of Trademark office (Curcuma and wounds, skin ulcers Mississippi were granted US rejected all patent longa) patent on the use of turmeric claims related to in 1995 turmeric after the Indian government challenged the patent. 4 Basmati Rice Unique Aroma and Texas based RiceTec Inc. By mid 2000, the (Oryza sativa) flavour obtained patent for a new Indian government plant variety that is a cross challenged some of between American the claims of long-grain rice and Basmati the RiceTec patent rice claiming new varieties and the world’s have the same largest importer of or better characteristics as Basmati rice, Saudi the original Basmati Arabia (UK recognized that Basmati rice is unique to Northern India and Pakistan). 5 Ginger Treatment against cough Patent granted by US patent The five year old (Zingiber and cold office on eight attempt to pirate officinale) ginger formulation India’s traditional knowledge was struck down by UK patent office in 2011
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6 Hessian (Jute Use of hessian cloth Patent granted to UK firm Challenge Cloth) to cover waste and by the European by Jute Industrial dumping grounds Patent Office research Association of India got patent revoked 7 Jamun/ Control of diabetes Cromak Research Inc. blackberry; obtained US patent for Karela/ bitter edible herbal compositions gourd; compromising the Baingan/Brinj mixtures of the mentioned al plants are used to reduce (Eggplant) sugar levels. 8 Gheekawaar Treatment of obesity Cognis IP Management (Aloevera) Gmbh, Germany 9 Mint and Anti viral properties A Chinese company India thwarted a major Andrographis obtained patent attempt at bio-piracy by successfully blocking Chinese bid to patent
10 Yoga Fitness, healing, Many postures & poses India challenged the physical & Mental being applied for patent, by applications. Health various false gurus & yoga masters
References Intellectual Property Regime. J Intellectual Property Rights 10: 441-453. 1. Nayar MP, 1996. Hotspots of Endemic 5. AICRPE (All India co-ordinated Project Plants of India, Nepal and Bhuttan. on Ethnobiology) Final Technical Report Tropical Botanic Garden & Research 1992-1998, Ministry of Environment & Institute, Thiruvananthapuram, Kerala, Forest, Govt. of India New Delhi. India, pp.254. 6. WIPO - IGC, List and Brief Technical 2. Myers N, Mittermeier RA, Mittermeier Explanation of Various Forms in Which CG, da Fonseca GA, Kent J, 2000. Traditional Knowledge May Be Found, Biodiverstiy hotspots for conservation WIPO/GRTKF/IC/17/INF/9 (WIPO, Priorities. Nature 403: 853-858. 2010) Annex, Para 2. 3. Nagar B, Hantschel O, Young MA, 7. Chidi Oguamanam, 2006. International Scheffzek K, Veach D, et al., 2003. Law and Indigenous Knowledge: Structural basis for the autoinhibition of Intellectual Property, Plant Biodiversity, c-Abl tyrosine kinase. Cell 112: 859-871. and Traditional Medicine, 2nd ed 4. Pushpangadan P, Nair KN, 2005. Value (Canada: University of Toronto Press,) at Addition and commercialization of 25. Biodiversity and Associated Traditional 8. Howard Mann, 1997. Intellectual Knowledge in the context of the Property Rights, Biodiversity and
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Indigenous Knowledge: A Critical with global patent policies. Univ. Mich. J. Analysis in the Canadian Context at 1. Law Reform 39, 433–542 9. Bhattacharya, S 2014. Bioprospecting, 18. Hamilton, C, 2006. Biodiversity, biopiracy biopiracy and food security in India: The and benefits: what allegations of biopiracy emerging sides of neoliberalism. tell us about intellectual property. Dev. International Letters of Social and World Bioeth. 6, 158–173. Humanistic Sciences Online 23: 49-56. 19. Brody, BA, 2010. Intellectual property, 10. Shankar, D, 1997. Traditional Medicine state sovereignty, and biotechnology. and Biopiracy. Ancient Science of Life. Kennedy Inst. Ethics J. 20, 51–73. 17(1): 67-71. 20. Shiva, V, 1999. Biopiracy: The Plunder of 11. WHO Essential Medicines and Health Nature and Knowledge. South End Press. Products Information Portal, Trips, CBD 21. Walid Abdelgawad, 2012. The Bt Brinjal and Traditional Medicines: Concepts and Case: The First Legal Action against Questions, Report of an ASEAN Monsanto and its Indian Collaborators for Workshop on the TRIPS Agreement and Bio-Piracy, 31(2) Biotechnology Law Traditional Medicine (Jakarta, February Report, 136. 2001) 22. Report of Traditional Knowledge Task 12. Kannaiyan, S, 2007. Biological Diversity Force, 2001. World Intellectual Property and Traditional Knowledge, National Organization. Consultation Workshop on 23. Council of Scientific & Industrial Research, Agrobiodiversity Hotspots and Access CSIR News, 2001, 51 (5&6: 1-3). and Benefit Sharing (July 19-20, 2007) 24. Jubilee Purkayastha, 2016. Emerging 13. Oxford Dictionaries, Oxford University Trends in Sustainable Bioprospecting of Press,http://oxforddictionaries.com/defin Bioresources, 13 (Springer, Aug 16). ition /english/biopiracy. 25. Mathew, B, 2013. Traditional Knowledge 14. Shiva, V, 2001. Protect or Plunder? Misappropriation and Biopiracy in India: A Understanding Intellectual Property Study on the Legal Measures to Protect Rights, (Zed Books, London). Traditional Knowledge. International 15. Pushpangadan, P, 2005. Knowledge Journal of Marketing, Financial Services & Empowerment and bioresource based Management Research 2(12): 202-210 industrial intervention for transforming 26. Bhattacharya, S, 2014. Bioprospecting, UP villages to economic powers. biopiracy and food security in India: The Proceedings of the 4th seminar organized emerging sides of neoliberalism. by the UP Management Committee, International Letters of Social and Lucknow 237-251. Humanistic Sciences Online 23: 49-56. 16. Chen, J, 2006. There’s no such thing as 27. Verma, M, Chauhan, I, Kumari, R and biopiracy...and it’s a good thing too. 37. Sharma, M, 2014. India–victim of bio- McGeorge Law Review 1. piracy. Indo American Journal of Pharma 17. Ho, CM, 2006. Biopiracy and beyond: a Research, 4(01): 1-14. consideration of socio-cultural conflicts
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Environmental Degradation and Management in India: A Review
Rukshar Assistant Professor, Department of Chemistry Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract Environmental degradation is the decay of the environment through depletion of resources such as water, soil and air, the demolition of ecosystem, habitat demolition and pollution. The reasons of environment degradation include deforestation, chemical and exhaust gases from industries, transport, unplanned construction and defective agriculture activities. Government of India introduce many environmental laws and policies to reduce environmental degradation and for protection of environment in collaboration with various agencies with the aim of protecting the environment. This paper includes causes of environment degradation and government efforts to protect the environment from degradation.
Keywords:-Environment, Degradation, Protection rules and policies
Introduction Environment is the immediate surroundings the earth rocky surface. Soil pollution occur of an organism. Environment constitutes by persistent toxic compounds, chemicals, physical, chemical and biological aspects salts, radioactive .materials and disease surrounding a living organism. Balance in causing agents which have adverse effect on nature is maintain by the interaction between plant growth animal health. biotic components with that of abiotic components. But now-a-days environment is Toxic chemical waste:-Toxic chemical pollute by various human activities like air wastes are capable of causing death or injury pollution, water pollution, deforestation, to living organisms. Waste containing unplanned construction, industrialization etc. dangerous pathogens such as used toxic syringes, chemical toxic waste of industry Air pollution: Air pollution occur when etc. are very harmful for humans, plants and gases, dust, and fumes are involve into the animals. Direct disposal of untreated toxic atmosphere in a way that makes it hazardous waste into atmosphere causes environment to every living organism. It creates smog and degradation. acid rain which causes cancer respiratory diseases, reduce ozone layer and contributes Deforestation: Deforestation is one of the in global warming. major cause of environment degradation. The most important cause of deforestation include Water pollution: Water pollution occur urbanization, acid rain, mining and oil when water bodies are contaminated by exploitation, fire and conversion of forest into human activities like industrialization, agriculture land. urbanization and waste disposal in water etc. Laws and Policies for Environment Soil pollution: Soil is the thin layer of Protection: India has different laws to organic and inorganic materials that covers govern the environment. These laws not only
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aim to protect the environment from harm but forest of India. The act include various they also determine who can use natural provisions for the protection of forests. resources and on what terms. Laws may regulate the use of natural resources, control Intellectual property rights and pollution, forest protection, mineral Environment protection:- harvesting and animal population. Technological innovation is required to In the constitute of India it is mentioned that maintain and improve our standard of living. it is the duty of every citizen of India to Yet, few technology can pollute natural protect and improve the environment and to resources. From the past twenty years, it has protect the forests and wild life of the been identified that much of the technology country. employed in manufacturing, agriculture, and transportation damages the environment. The Environment (Protection) act, 1986:- However, other technology can reduce and It is the act of parliament of India. After prevent pollution and minimize waste of Bhopal gas tragedy, the Government of India resources. Environmental protection is best enacted Environment protection act, 1986. achieved by coupling incentives for The purpose of the act is to implement the innovation in beneficial technologies with decisions of the united nations conferences restrictions on harmful technologies. on the human environment. Intellectual property creates incentives for new technologies, either beneficial or The Wildlife Protection Act, 1972:- The act harmful. Environmental regulation restricts allows for the creation, management and the use of harmful technologies, and protection of wildlife areas for wildlife improves the market for beneficial ones. research activities or for conservation of Environmental technology includes: (1) wildlife. industrial processes which minimize resource consumption and waste production, (2) The Forest (conservation) Act, 1980:- The consumer products which are main goal of this act is to prevent the environmentally benign throughout their life deforestation and the conservation of cycles, (3) recycling equipment and remaining forest lands. processes, (4) waste management technologies for solid and hazardous waste, Water (Prevention and Control of (5) pollution control devices, and (6) products Pollution) Act, 1974: This act aims to and methods for cleaning up pollution. prevent and control water pollution. Under this act, sewage or pollutants cannot be Most people find intellectual property law to discharged into water bodies and it is the duty be somewhat elusive and confusing. As a of state pollution control board to stop such result, the practice of law relating to trade type of activities. secrets, patents, and trademarks has become highly specialized. Regulators, industry, and Air (Prevention and Control of Pollution) their counsel need to balance economic and Act, 1981:-This act aims to plan a nationwide technical progress with environmental programme for the prevention, control and protection. Intellectual property law can reduce the air pollution. provide helpful means for identifying, selecting, and encouraging environmentally The Indian Forest Act, 1927:- This act was beneficial technology that is profitable. enacted to preservation and protection of Coordination of environmental regulation and intellectual property laws can help ______ISBN No. 978-93-5396-760-4 111
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achieve the desired balance between progress technologies that present lesser risks. and protection. Environmental regulation Congress and the regulatory agencies should today has been more effective at restricting consider the effects of environmental the use of harmful technology than at regulations on trade secrets. If beneficial promoting innovative beneficial technology. technology is easier to protect than harmful Intellectual property law is a well-established technology, it would be more valuable and system for promoting invention and the law would better protect the environment. facilitating commercial development. Environmental technology patents can be Therefore, application of intellectual property strengthened or made easier to obtain through principles can promote innovation of several means. The Patent and Trademark environmental technology. Intellectual Office Spring, 1991] Intellectual Property & property law can be applied to improve Environmental Protection 235 should environmental protection in several ways. continue to refine its classifications of Reliable criteria for categorizing a environmental technology patents. technology as harmful or beneficial need to Information regarding environmental be developed. Distinctions are difficult technology would be centralized to facilitate because the scope of beneficial compliance, innovation, and tracking the environmental technologies cuts across state of the art. State and federal agencies traditional industrial classifications. Since should respect and enforce the rights of trade secrets, patents and other intellectual patentees, and should assure payment of property systems are inter-industry, they can royalties where appropriate. Royalties are promote innovation in industries and important particularly when use of a patented technologies from pollution control devices technology is required. Creative measures to remediation methods, and from agriculture can be implemented to improve to manufacturing. However, intellectual environmental protection by applying the property can also promote innovation in principles of intellectual property law. The harmful technologies. Discouraging harmful success of green labeling is likely to depend technologies is best achieved through on whether trademark recognition adds to the environmental regulation. Regulation can value of environmentally benign products. reduce the incentive for harmful innovation by prohibiting it directly or by rendering it Trademark and unfair competition laws will uneconomical. Several problems arise from settle competing claims and prevent the interaction of environmental regulations confusion in the marketplace. International and intellectual property laws; these efforts to protect the global environment may problems hinder development and rely on intellectual property laws to increase implementation of beneficial technology. The environmental technology transfer. treatment of trade secrets in the principal Biodiversity may be preserved through environmental statutes is inconsistent with measures guaranteeing property rights to the promoting innovation. Conflicting policies custodians of critical habitats. Companies can for public disclosure of environmental and use intellectual property assets in health risks and protecting proprietary environmental technology to profit from information have caused the inconsistencies. environmental regulation. However, By focusing on the distinction between incentives require proper coordination. beneficial and harmful technology, however, Intellectual property managers must be these two policies could complement each conversant with environmental affairs, other. Hazardous processes and substances because the market for environmental are less easily protected as trade secrets than technology is largely defined by laws and ______ISBN No. 978-93-5396-760-4 112
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regulations. By the same token, Manila and Ministry of Environment and environmental managers should consider the Forests, Government of India, Centre for existence of licenses, patents, trade secrets, Environmental Law, WWF- India and other intellectual property assets in selecting the best compliance strategies for their companies. Federal and state environmental agencies should develop an awareness of and sensitivity to the effect of governmental activity on the incentives to the public. There is, of course, no guaranteed way of ensuring that beneficial technologies replace harmful ones. Nonetheless, increased reliance on intellectual property law can improve environmental protection.
Conclusion The degradation of environment is started with various human and economic activities. Now a days environment degradation become most major problem. Government should encourage and awareness for the safety and protection of natural resources and environment. A strong law for the protection of environment should be put in place.
References
1. Acemoglu, Daron, Philippe Aghion, Leonardo Bursztyn, and David Hemous. 2012. « The Environment and Directed Technical Change ». American Economic Review 102 (1) (février): 131-166. doi:10.1257/aer.102.1.131. 2. Basu Palok, Law relating to Protection of Human Rights, First Edition 2004, Modern Law Publications. 3. Environmental law and policy in India, cases, material and statutes, 2’nd edition New York: Oxford University Press 4. Barrie and Puckett (2006) Review of Global Atmospheric Watch Sites at Valentia and Mace Head, Ireland ERC 3. 5. CITES and the wildlife trade in India New Delhi: Centre for Environmental Law, WWF- India 6. Strengthening Environmental Legislation in India prepared for Asian Development Bank, ______ISBN No. 978-93-5396-760-4 113
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Awareness of IPR (Intellectual Property Rights) among the Research Scholars in Jaipur city Dr. Surabhi Sharma Assistant Professor, Department of Business Administration Kanoria P.G Mahila Mahavidyalaya, J.L.N. Marg Jaipur E-mail: [email protected].
Abstract In 2017, US filed for 59624 patents, China for 48882 patents and Japan 48208 patents Indian is not standing anywhere among 10 too. So, it’s a matter of much concern for India like big education infrastructure with hug researchers to stand up and analyze the situation. As we know the awareness plays a key role in advancement in all aspect of progress of any country, therefore, this paper has taken awareness about IPR. It is necessary to check out to the mindset of Indian intellectuals, whether they aware about IPR. If they would aware about IPR than only can proceed for IPRs in future for their research findings. As the universities are hub of intellectuals therefore, this study is an insight of scholars as intellectuals in Jaipur city. It is to find out whether they are aware about IPR. To answer the question, awareness survey has been conducted by taking questionnaire. Objective of study is to discuss in detail about the level of awareness of IPR and to explore the attitude regarding the IPR awareness among research scholar. The questionnaire was distributed to the research scholars. Total 100 questionnaires were distributed to the respondents and only 65 questionnaires were received out of which 5 were eliminated as they didn’t furnish data so finally 60 were taken as sample. The conclusion of this study shows that large number of respondent are not aware of intellectual property rights. However some of research scholars have little knowledge of intellectual property rights. It was also seeing that the researcher have very few knowledge of patent and copyright in their research.
Keywords: Intellectual Property, Copyright, Patent, awareness about IPR,
Introduction become smaller and leveled, as inequality Kirit K Patel (2008) examined the impact of within the community increases, as principal liberal IPR policies on agro-biodiversity in farmers migrate to distant labor markets for two local communities, one tribal and one longer than just the lean season, and as policies non-tribal, in two tribal villages, Dhabudi and continue undermining the role of local seed Sarjumi in Dahod district of Gujarat. He found systems and public sector institutions in the that the claims of new IPR policies related to development and dissemination of new crop farmers’ rights legislation to increase crop parietal diversity1. Intellectual property varietal choices, encourage farmer-breeders protects applications of ideas and information and promote on farm conservation are that are of commercial value.2 overstated. He came to the conclusion that agro-biodiversity is no longer an asset but is becoming a liability for farmers as their farms ______ISBN No. 978-93-5396-760-4 114
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Law relating to IPR in India Intellectual property is the only way to have The Rules and Laws governing Intellectual deep insight of nationals of any country. In Property Rights in India are as follows: today’s global village concept, IPR comes The Patents Act, 1970 The Patents Rules, with other aspects i.e. educational, 2003, The Intellectual Property Appellate commercial, and economic growth and Board (Patents Procedure) Rules, 2010 and development to any country. In 2017, US filed The Patents (Appeals and Applications to the for 59624 patents, China for 48882 patents and Intellectual Property Appellate Board) Rules, Japan 48208 patents Indian is not standing any 2011 , The Trade Marks Act, 1999, The Trade where among 10too. So, it’s a matter of much Marks Rules, 2002, The Trade Marks concern for India like big education (Applications and Appeals to the Intellectual infrastructure with hug researchers to stand up Property Appellate Board) Rules, 2003 and and analyze the situation. As we know the The Intellectual Property Appellate Board awareness plays a key role in advancement in (Procedure) Rules, 2003 , The Geographical all aspect of progress of any country, Indications of Goods (Registration and therefore, this paper has taken awareness Protection) Act, 1999 and The Geographical about IPR. Indications of Goods (Registration and Protection) Rules, 2002 , The Designs Act, Objective of study: 2000 and The Designs Rules, 2001 , The 1. To discuss in detail about the level of Semiconductors Integrated Circuits Layout- awareness of IPR among research scholars in Design Act, 2000 and The Semiconductors Jaipur city Integrated Circuits Layout-Design Rules, 2. To explore the attitude regarding the IPR 2001 , The Protection of Plant varieties and awareness and its types or uses among Farmers’ Rights Act, 2001 and The Protection research scholars in Jaipur city. of Plant varieties and Farmers Rights’ Rules, 2003 , The Biological Diversity Act, 2002 and Research Methodology The Biological Diversity Rules, 2004 For the purpose of collection of primary data questionnaire method was used. The Trademark Law in India- The Indian questionnaire was distributed to the research trademark act, 1940, The trademark and scholars. Total 100 questionnaires were merchandise act, 1958, Trademark act, 1999, distributed to the respondents and 65 Trademark (amendment) act, 2010, Well- questionnaires were received out of which 5 known trademark and trans-border reputation, were eliminated as they didn’t furnish data so Protection of domains names under trademark finally 60 were taken as sample. law, Reliefs against trademark infringement and passing off, Protection of unconventional Sampling technique: - Non-purposive marks, India’s accession to Madrid protocol, Convenient sampling techniques was used to Digitization of trademark registry, collect data from respondents. Government’s initiatives toward IP awareness Sample area: - Jaipur and protection Sample unit: - research scholars Sample size: - 60 respondents Why India needs intellectual property right?
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Statistical tools: - for the purpose of analysis Awareness For IPR Respondents of data, tabular method used to depict the Types responses on variables. Public Property 10 Right 28 Ownership 20 Data Analysis and Interpretation: None 2 Total 60 Table 1 shows that 40 male respondent and 20 female respondents are aware about Table 4 shows 35 respondents say that intellectual property right which shows that intellectual property right can be registered, 10 male respondent are more aware than female says is to be purchased, 10 says it can be sold respondent. and 05 respondents have no idea.
Table 1- Gender Wise Awareness about IPR Table 4- Awareness on the base of uses Gender Respondents Awareness About It Respondents Male 40 Uses Female 20 Registered 35 Total 60 Purchased 10 Sold 10 No Idea 05 Table 2 shows the awareness of IPR types Total 60 among the research scholars, it can be clearly seen that 25 respondents are aware about Table 5 shows that only 13 respondents are patent, 15 respondents are for copyright and aware about the use of intellectual property only 10, 10 respondents are aware about right in the higher education for the study and trademark and brand. research while 12 says that is necessary to stop plagiarism and 10 respondents says that it can Table 2- Awareness on Intellectual Property Rights be used for scientific innovation and 25 of our on the base of types Awareness For IPR Respondents respondents are in favor for all of the above Types option Patent 25 Copyright 15 Trademark 10 Table 5 Awareness about the use of IPR in the Brand 10 higher education Total 60 Awareness About Its Uses Respondents In Higher Education For study and research 13 Table 3 describes about the awareness To stop plagiarism 12 regarding the nature of intellectual property Foe scientific innovation 10 right. Out of 60 respondents 10 research All of the above 25 scholars understood it as public property while Total 60 right were taken as a option by 28 respondents and 20 considered it as ownership and only Table 6 is clearly depicting that 35 two opted as none. respondents mention that patent are for Table 3- Awareness on types of intellectual innovative products while 12 were in favor of Property Right books and 0nly 8 considered it for new
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technology.5 of are respondents chose for all 1. Male respondent are more aware than female of the above categories. respondent. 2. Majority of respondents are aware about Table 6 Awareness about patent patent while less knew about other types of Awareness About Respondents IPR. Patent 3. Majority of respondents considered it as a New Technology 08 Books 12 right. Innovative Product 35 4. Majority of respondents say that intellectual All Of The Above 05 property right can be registered. Total 60 5. Majority of respondents are aware about the use of IPR in the higher education for the Table 7 describes about the awareness about study and research, to stop plagiarism and for copyright. Out of 60 respondent 38 mentions scientific innovation. that copyright is related to articles/research 6. Majority of respondents mention that patent paper and 6 respondent mentions that copy is for innovative products. right are related with books while 7. Majority of respondents mentions that 6respondents say that copyright is related to copyright is related to articles/research paper. idea. 8. Majority of respondents are aware about the Table 7- Awareness about Copyright protection to stop prevention. Awareness About RESPONDEN Copyright TS Articles/Research Papers 38 Conclusion Books 6 This survey was undertaken to study the level Idea 6 of awareness regarding intellectual property All Of The Above 0 rights among research scholars. The finding of Total 60 this study reveals that maximum numbers of respondents are not aware of intellectual Table 8 describes about the awareness property rights. Although, some of them were regarding the protection of intellectual only heard about intellectual property rights. It property right. Out of 60 respondents 38 was also observed that the researcher have a respondent mention that they are aware about very little knowledge about fair use of the protection to stop prevention and 7 copyrighted material and use of patent in their respondents mention that they are aware to research. save the author right, while 5 mention it as to prevent infringement. Limitation of research The limitations of the research are as follows: Table 8 - Awareness regarding the protection of 1. The number of respondents for research is intellectual property right Awareness Regarding Respondents only 60. Protection 2. The research has been completed in a To Stop Prevention 38 limited time. To Save Author Right 7 3. The research was conducted to only Jaipur To prevent infringement 5 city. Total 60
Suggestions Results and findings:- ______ISBN No. 978-93-5396-760-4 117
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1. Intellectual property education should be encouraged among the research Scholars esp. during their coursework classes. 2. Seminars and workshops in course work tenure should be organized to provide a platform for awareness. 3. There should be a paper of intellectual property rights at research programme to provide practical knowledge of intellectual property right to the research scholar.
References 1. Patel, K. K. (2008). Cultivating diversity on farm: Agro-diversity in a tribal region of Western India (Doctoral dissertation). Available from Dissertations and Theses database. (UMI No. NR41733). 2. W. Cornish & D. Llewelyn, Intellectual Property: Patents, Copyright, Trade Marks and Allied Rights, Sweet and Maxwell, London, 2007 at 6. 3. Rajkumar, Adukia S. Handbook on Intellectual Property Rights in India, availableonhttp://www.caaa.in/image/34_hb_ on_ipr.pdf. 4. https://www.txpatentattorney.com/blog/te- history-of-intellectual-property/.
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Enabling the Community through IPR Awareness
Vandita Srivastava1 and Dr. Sangita Sinha2 1 Pursuing M.Tech., CCT, Univ. of Raj., Jaipur (Rajasthan) 2 Associate Professor, Dept. of Zoology , Government Girls College, Kotputli (Rajasthan) Corresponding E-mail : [email protected]
Abstract Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. It enables them to reap commercial benefits from their creative efforts or reputation. There are several types of IPR, such as Patents, Trademarks, Geographical Indication, and Copyright. Each of these is somewhat similar in nature but give specific rights and benefits to the owner of the intellectual property. Trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. This further gives monetary benefits to the local inventors and encourages competition to produce and enhance ways of biodiversity conservations. It can easily be used by the locals and specifically by the tribal to make a living by trade marking their way of conserving the environment and using the natural products around them since they are most familiar with it and would have great ideas and traditions regarding it. Much advancement is happening in the area of conservation and there is an urgent need for educating everyone about their rights. The TRIPS and specifically the CBD agreement both play significant roles on securing these IP rights.
Keywords: Community, Tribes, IPR, Biodiversity
Introduction Biodiversity is the variety and variability of purely ecological reasons but because it life on Earth. Biodiversity is typically a sustains livelihoods. Biodiversity in measure of variation at the genetic, species, agriculture helps millions eke out a living. It 1 and ecosystem level. Biodiversity generally helps people get food, jobs, nutrition, bio- 2 pesticides, traditional medicine, housing tends to cluster in hotspots, and has been 3,4 material, fodder and fuel. That is not all. It increasing through time, but will be likely helps stabilize the climate, improve rainfall 5 to slow in the future. India is a megadiverse and enrich the soil and water table. Life country, a term employed for 17 countries cannot go on without biodiversity. The which display high biological diversity and indigenous and ethnic people of the world contain many species exclusively indigenous, have learnt to live in the most hostile 6 environmental conditions in this universe. or endemic, to them. India is a habitat for The most interesting feature associated with 8.6% of all mammal species, 13.7% of bird these indigenous and ethnic groups has been species, 7.9% of reptile species, 6% of found that, they live in localities which are amphibian species, 12.2% of fish species, and 7,8 immensely rich in biodiversity. 6.0% of all flowering plant species. Fully a 9 third of Indian plant species are endemic. In India, 68 million people belong to 227 Biodiversity must be protected not only for ethnic group and comprise of 573 tribal
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10 communities. These ethnic people, mostly biodiversity of our country by proxy and in a the indigenous tribals, live close in the way which also benefits and is profitable to vicinity of forests and have managed and them. conserved the biodiversity of their localities since long time. These tribals take shelter There is an urgent need to do this and it can from forest and utilize wild edible plants both be achieved by the use of intellectual property raw and cooked. The flower and fruits are rights. Intellectual property rights (IPR) generally eaten raw whereas tubers, leaves, refers to the legal rights given to the inventor and seeds are cooked. Tribals utilize forest or creator to protect his invention or creation produce, forest timber and fuelwood. These for a certain period of time. IPR is a strong tribals are living in forest since ages and have tool to protect investments, time, money, and developed a kind of affinity with forests. 10 effort invested by the inventor/creator of an IP, since it grants the inventor/creator an These ethnic and tribal groups have exclusive right for a certain period of time for conserved the biodiversity in and around use of his invention/creation. It enables them localities of their natural habitat since the to reap commercial benefits from their beginnings of civilization. Plants are creative efforts or reputation. There are conserved by these ethnic and indigenous several types of IPR, such as Patents, people that serve as a source of wild edible Trademarks, Geographical Indication, and food in the form of roots, tubers, rhizomes, Copyright. Each of these are somewhat seeds, fruits and as agricultural and similar in nature but give specific rights and horticultural plants. Some of the indigenous benefits to the owner of the intellectual cultivars conserved by these ethnic people are property. used in agricultural cultivars improvement Patent law is the area of law that deals with programs to increase productivity and an inventor's exclusive right to use their own incorporate traits for increasing resistance invention. It aims to encourage new products against different pests and diseases. Many of and inventions by granting creators the legal the plants conserved by ethnic people are right to use and profit from the things that used as antidotes for snake bites and scorpion they create. Geographical Indication is a stings, for setting bone fractures by lesser known but highly important tool of IPR traditional healers, for curing wounds or especially for biodiversity related areas. arthritis, or as abortifacients and as cures for Trademark provides protection to the owner menstrual problems, etc. Plants are conserved of the mark by ensuring the exclusive right to in abandoned sites of shifting agriculture by use it to identify goods or services, or to tribal and also in sacred groves as in situ authorize another to use it in return for conservation of biodiversity and ecological payment. Copyright refers to the legal right of restoration. the owner of intellectual property. This means that the original creators of products These are only a small list of examples and anyone they give authorization to are the through which these groups help in only ones with the exclusive right to conservation of our nation's biodiversity. The reproduce the work. Access Benefit Sharing thing of note here is that they have their own (ABS) regimes facilitate access, thereby rich rituals and practices, their own products increasing the use of biological resources and and ways. These are unique to them and need associated traditional knowledge, while to be protected. If we are able to help them ensuring that the benefits are shared with the protect these assets, then we also protect the traditional owners.
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This paper mainly focuses on trademark and modified organisms. As a consequence, our how we can make use of it for biodiversity rich biogenetic diversity is being eroded conservation. irreversibly. The developed countries are not rich in biogenetic resources but are better Threat to Biodiversity equipped in research and development. They Because of the huge financial benefits that use the biogenetic resources accessed from modification and commercialization of these the developing countries. As a result, there is biological resources can confer, biodiversity a beginning in the unprotected flow of genetic has now become the subject of intense trade information from the developing countries to negotiations. The argument of many the capital-rich west, and a protected flow in developed countries is that the the reverse direction mainly through patents implementation of higher (and restrictive) and Plant Breeders’ Rights (PBR). It has both standards of Intellectual Property protection visible and invisible impacts. does benefit innovation, competition, technology transfer and at the end the Genetic erosion is one of the most important standard of living of many people, including invisible impacts that is in long run the developing countries. On the other hand, manifested visibly with the loss of 12 some developing countries advocate that the biodiversity. Adding to this are destructive concentration of patent holders, technological trade practices, poor remuneration for knowledge and financial advantages becomes indigenous food grain and cereals, and a threat to the safeguard of biodiversity. demographic changes. And while these According to them, the use of traditional factors are aiding biodiversity loss, bio- knowledge and its commercialization piracy has led to the theft of bio-resources and through patents without the consent or the traditional knowledge. compensation of the innovators can be considered as theft, and violates human Bio-piracy means, for example, how 11 rights indigenous people might lose their traditional healing methods to multinational companies. Who can forget the controversy over the so- If the government was alert, bio-piracy could called ‘Terminator technology’, the scandal never happen. When a nation loses of the turmeric and Basmati patents claimed biodiversity, it stands to lose not only its by American companies, the imposition of a wealth, but its future. There is little time for global trading and patent regime under the India to lose as its biodiversity is already in 13 World Trade Organization, and others. The danger. Indian public is by now used to daily news of how foreigners have been quietly taking our Tribal Groups and Biodiversity crops and medicinal plants, and traditional Tribal, indigenous, and ethnic groups live knowledge related to these, and claiming close to and in sync with the biodiversity their ownership after some (often minimal) around them. They are well versed in the modifications. Or how they have been using nature of their environment. They have deep or intending to use the Indian public as guinea knowledge and understanding about how the pigs, as with the infamous Terminator seeds. nature around them works. They interact with The current Intellectual Property Rights it accordingly. They are dependent on it and (IPR) regime is encouraging so have over the years devised many rituals commercialization of seed development, and customs and ingenious ways to live monoculture, and protection of new plant sustainably. They understand how best to varieties, microorganisms, and genetically make use of the resources available to them ______ISBN No. 978-93-5396-760-4 121
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as well as how to protect said resources. Another example is their use of the local People of India, including its nearly 4,635 herbs, leaves and other things for traditional ethnic communities spread all across the medicines. They have a deeper understanding country have protected and maintained its of how these resources work together. This rich cultural and spiritual heritage of living in knowledge helps them make their own harmony with nature over centuries. They do effective medicines. As a consequence, they so in various ways. For example, local and hold these plants in special regard and take traditional communities still venerate nature measures to preserve them. They might and conserve biodiversity through traditional develop praying rituals around them. This practices and institutional structures such as also ensures that the knowledge is passed sacred groves. down through generations and these plants remain protected as they are considered They declared areas rich in habitat as sacred sacred. groves. As it had a spiritual value, it got cared for and protected. Naturally, the groves IPR efforts strengthened the ecological needs of the area. India’s Biodiversity Act: The Union Ministry These sacred forests were never touched by of Environment and Forests has come up with the axe and it saw an axe only when wood a draft legislation on biodiversity which was required for religious buildings. These could go a long way in protecting India's sacred groves do not just protect the trees. enormous biological resources from being They preserve the whole ecosystem: the squandered, destroyed, and stolen. The birds, reptiles, animals, insects and proposed Biological Diversity Act contains microorganisms. Religious folklore in Kerala the core of a regime to check the runaway has many references to the groves belonging theft of the country's genetic wealth, as also to the Gods and this type of protection. the framework for ensuring that both Kerala's sacred groves may be just around domestic and foreign users of this wealth do 0.05 per cent of the state's land area, but they so in a manner which is sustainable and fair. shelter more than 800 species of flowering They received a major boost when the plants. Many of them have medicinal value international Convention on Biological and are rare and endangered. Diversity (CBD) came into force in 1993. Ratified by almost every country of the It is not just Kerala. Meghalaya's Khasi, world, the CBD formally assigns ownership Jaintia and Garo Hills had plenty of sacred over genetic resources to the country within groves where undisturbed natural vegetation which they were found, and stipulates that if thrived. For generations they have protected any other country wants to take these rare species. Small tracts of land in resources, they could do so only with "prior Meghalaya of just one hectare could contain informed consent". In other words, if an over 100 woody species. That is the magic of American company wants to take an Indian sacred groves: concentrated wealth of plant and experiment with it, or take biodiversity. Today, in numerous sacred knowledge related to biodiversity, it needs to groves of Uttaranchal, Meghalaya, Kerala inform India of its desire to do so, and needs and Tamilnadu, many important tree species to have India's permission before the transfer have been preserved, and they are seen as can take place. "temple trees". Over 17,000 sacred groves in the country have managed to save a lot of The CBD goes beyond this, and also biodiversity that would otherwise have been stipulates that where the knowledge and 13 destroyed. practices of local communities (tribal and ______ISBN No. 978-93-5396-760-4 122
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others) are involved, their permission also Trademark defined under Section 2 (zb) of would need to be taken by outsiders wanting the Trade Marks Act, 1999 as, "trade mark to use this knowledge. This revolutionary means a mark capable of being represented concept for the first time gives rural graphically and which is capable of communities the chance to benefit from the distinguishing the goods or services of one widespread use of their skills and knowledge, person from those of others and may include which has before this simply been taken away shape of goods, their packaging and by outsiders without any corresponding combination of colours." Trademark law benefits flowing back. However, the CBD is 2002, suggests that trademark can be only applicable if the signatory countries registered in India under many classes, some 14 follow up with their own domestic of which are: legislation. Like the CBD, the proposed Act Class 5: Pharmaceutical, veterinary and aims to achieve three things: conservation of sanitary preparations; dietetic substances biodiversity, sustainable use of biological adapted for medical use, food for babies; resources, and equitable sharing of benefits plasters, materials for dressings; materials for arising from such use. To achieve these, the stopping teeth, dental wax; disinfectants; Act contains several important clauses. preparation for destroying vermin; Importantly, the Act provides citizens with fungicides, herbicides the power to approach courts if they detect Class 17: Rubber, gutta percha, gum, violations. asbestos, mica and goods made from these Plant Variety Protection and Farmers materials and not included in other classes; Rights Act plastics in extruded form for use in Under this Act breeders will have rights to manufacture; packing, stopping and protect the new variety of plant/crop either in insulating materials; flexible pipes, not of person or through any one he designates. The metal rights under this Act include the right to Class 18: Leather and imitations of leather, produce, sell, market, directly or export a and goods made of these materials and not variety. The breeders rights have been included in other classes; animal skins, hides, strengthened to the extent if there is mere trunks and travelling bags; umbrellas, suspicion of violation or infringement; the parasols and walking sticks; whips, harness onus of proving innocence is placed on the and saddlery alleged violator. Class 21: Household or kitchen utensils and containers(not of precious metal or coated In India traditional knowledge including the therewith); combs and sponges; existing oral knowledge cannot be protected brushes(except paints brushes); brush making under the provisions of the existing IPR materials; articles for cleaning purposes; laws/Acts. However, if there is a substantial steelwool; unworked or semi-worked glass improvement on the traditional knowledge (except glass used in building); glassware, and if it can fulfill the requirements of the porcelain and earthenware not included in definition of the invention, then the patent other classes application can be filed. In the case of herbal Class 22: Ropes, string, nets, tents, awnings, traditional knowledge, only process patents tarpaulins, sails, sacks and bags (not included are granted subject to the fulfillment of the in other classes) padding and stuffing requirements laid down by the definition of materials (except of rubber or plastics); raw the invention. fibrous textile materials Class 23: Yarns and threads, for textile use
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Class 24: Textiles and textile goods, not http://www.unesco.pl/fileadmin/user_upload/pdf included in other classes; bed and table /BIODIVERSITY_FACTSHEET.pdf covers. Class 25 . Clothing, footwear, 2. Myers, Norman; Mittermeier, Russell A.; headgear Mittermeier, Cristina G.; Da Fonseca, Gustavo Class 26: Lace and embroidery, ribbons and A. B.; Kent, Jennifer (24 February 2000). braid; buttons, hooks and eyes, pins and "Biodiversity hotspots for conservation needles; artificial flowers priorities". Nature. 403(6772):853–858. Class 27: Carpets, rugs, mats and matting, Bibcode:2000Natur.403..853M. doi: linoleum and other materials for covering 10.1038/35002501. PMID 10706275 existing floors; wall hangings (non-textile) 3. McPeek, Mark A.; Brown, Jonathan M. (1 April Class 29: Meat, fish, poultry and game; meat 2007). "Clade Age and Not Diversification Rate extracts; preserved, dried and cooked fruits Explains Species Richness among Animal Taxa". and vegetables; jellies, jams, fruit sauces; The American Naturalist. 169 (4): E97–E106. eggs, milk and milk products; edible oils and doi: 10.1086/512135. PMID 17427118.Peters, fats Shanan. "Sepkoski's Online Genus Database". Class 30: Coffee, tea, cocoa, sugar, rice, Wisconsin-Madison. Retrieved 10 April 2013. tapioca, sago, artificial coffee; flour and 4. Rabosky, Daniel L. (1 August 2009). preparations made from cereals, bread, pastry "Ecological limits and diversification rate: and confectionery, ices; honey, treacle; yeast, alternative paradigms to explain the variation in baking powder; salt, mustard; vinegar, species richness among clades and regions". sauces, (condiments); spices; ice Ecology Letters. 12(8):735–743. Class 31: Agricultural, horticultural and doi:10.1111/j.1461-0248.2009.01333.x PMID forestry products and grains not included in 19558515 other classes; live animals; fresh fruits and 5. Megadiverse Countries, Biodiversity A–Z and vegetables; seeds, natural plants and flowers; UN Environment World Conservation foodstuffs for animals, malt Monitoring Centre 6. Zoological Survey of India 2012, p. 1. Many of these things are used by the a b indigenous and tribal people. They can use 7. Jump up to: Puri. the laws to protect their culture and 8. Basak 1983, p. 24 traditional knowledge from being exploited 9. THE ROLE OF ETHNIC AND INDIGENOUS by foreign corporations. The people have PEOPLE OF INDIA AND THEIR CULTURE ways of saving the biodiversity and we have IN THE CONSERVATION OF laws to help them do it sustainably and BIODIVERSITY 0186-A1 Rajiv Rai and potentially profitably if they so desire. Vijendra Nath Awareness is needed in earnest so that they 10. http://www.fao.org/3/xii/0186-a1.htm get to know about these processes, methods 11. http://cpreec.org/70.htm and laws. When the government will reach 12. The Impact of IPR on Biodiversity Sabuj Kumar the masses only then will we be able to make Chaudhuri Junior Research Fellow (UGC), use of all our resources and move forward in Department of Library & Information Science, our goal of biodiversity conservation Jadavpur University, Kolkata-32 13. http://www.indiatogether.org/biodiv- References environment 1. "What is biodiversity?" (PDF). United Nations 14. "Trademark classification" (PDF). Environment Programme, World Conservation http://www.ipindia.nic.in/writereaddata/image Monitoring Centre. s/pdf/classification_GoodsServices_29Nov ember2013.pdf
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Relevance of Access Benefit Sharing in Biodiversity Conservation
Yogita Solanki*, Reema Srivastava and Pooja Mangal Assistant Professors, Department of Botany Kanoria PG Mahila Mahavidyalaya, Jaipur Corresponding E-mail: [email protected]
Abstract In present scenario, biodiversity maintenance is an important issue for the world. Biodiversity maintenance is directly related to a sustainable utilization of the biological resources. Biodiversity is in threat due to unsustainable uses of resources by human being. In early period, bioresources of a country was utilized by other countries and created wealth for the users not for the providers. The contemporary term explaining this concept is biopiracy. Currently bioresources are being utilized for a commercial purpose and the challenges in commercialization is identifying the limit for exploitation. To prevent unapproved uses of genetic resources Nagoya Protocol was approved to the convention on Biological Diversity in 29 October 2010 and implemented on 12 October 2014. Access and Benefit Sharing is a three-tier system, i.e., NBA at the national level, the State Biodiversity Board (SBB) and Biodiversity Management Committees (BMCs) at local level. It deals with the requests for access to genetic resources and condition to secure equitable sharing of benefits. ABS is contributing to channel benefits to the conservers of biological resources, the conservation of areas where biological resources are found and the socio-economic development of that areas.
Key words: Biological resources, biodiversity maintenance, biopiracy, access and benefit sharing
Introduction (National Biodiversity Authority). Three Biodiversity maintenance is essential for objectives of CBD are conservation of human well-being. It is influenced by climate biodiversity, the sustainable use of its change, human activities and landscape components and the fair and equitable changes, which leads to species loss and sharing of benefits. To initiate the third ecosystem changes. The convention of objective of the CBD, the Nagoya Protocol biodiversity and ecosystem emerged as a on an Access to genetic resources and the Fair worldwide mandate at international level and Equitable Sharing of benefit was adopted leading to the approval of the UN Convention in 29 October 2010 and implemented in on Biological Diversity (CBD) in 1992. CBD 2014.4 Genetic resources themselves are not has become legally effective worldwide from intellectual property and therefore cannot be December 29, 1993.1 India with only 2.4% of directly protected as Intellectual Property. the world’s land area has 7-8% of the world’s However, inventions based on or developed total biodiversity. India has 10 using genetic resources may not be biogeographical regions.2 To protect or patentable. Nagoya Protocol is an additional enhance biological diversity, efforts have agreement to the CBD for sustainable use of been initiated to save biodiversity both by ex- biodiversity and conservation. situ and in-situ conservation.3 In this Implementation of Access and Benefit reference the Biological Diversity Act of Sharing (ABS), CBD gives a transparent and India 2002 and the Biological Diversity Rules legal framework.5 India is one of the mega 2004, has been implemented by the NBA biodiverse nation in the world.2 In the initial
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COP (Conference of the Parties) meetings of Prior Informed Consent (PIC) process, the CBD, India presented a unique way of approval for access and transfer of biological documentation of biodiversity by preparing resources and scientific research results and People Biodiversity Registers (PBRs). The technologies to foreign citizens, companies regulation of biological diversity comes and non-resident Indians (NRIs), Prior under the range of functions of the National approval for applying for IPRs based on Biodiversity Authority (NBA) under section biological resources or traditional knowledge 18,6 State Biodiversity Boards (SBBs) obtained from India, fixing criteria for benefit function under section 237 and Biodiversity sharing, approval of third party transfer of Management Committee (BMCs) function accessed biological resources and traditional under section 418 in relation to the regulation knowledge and several other matters related of biodiversity for general purpose of bio- to ABS.14 survey and bio-utilization under section 3.9 Part of State Biodiversity Boards (SBBs) in ABS refer to the way in which genetic ABS Implementation- resources are accessed, and how the benefits SBB have a very important role in the that result from their use are shared between implementation of ABS. This read with the people or countries using the resources Section 7 of the Act mentions, any Indian (users) and the people or countries that citizen or organization shall not be provide them (providers). The ABS permissible to obtain any bioresources for mechanism proposes that whoever, accesses commercial utilization, except prior the genetic resources for commercial intent, intimation to the concerned SBB. It is the should share the benefits (even at least a part) function of the SBB to regulate the granting resulting from their use.10 The real purpose of of approvals for commercial utilization or ABS is that the benefit arising out of any bio-survey and bio-utilization of bioresources commercial activity based on biological by Indians.7 The Act provides the power to sources should reach the benefit claimers and the SBBs, to restrict activities that violate the used for the development of communities and conservation objective. But it does not conservation of biodiversity.11 In India three introduce conservation as a function for the tier system of ABS has been accepted to SBB.15 facilitated the conservation of biological resources.12 Part of Biodiversity Management Committees (BMCs) in ABS implementation- Part of National Biodiversity Authority For a successful ABS mechanism, there is a (NBA) in ABS Implementation- need of framework discussing the scope of NBA defined by Section 8 (2) of the Indian access, value addition and benefit-sharing. Biodiversity Act as “a body corporate having BMCs shall be established for the purpose of prolonged sequence and a common seal, with encouraging conservation, sustainable use a power to acquire, hold and dispose of and documentation of biodiversity including property, both movable and immovable and preservation of habitats, conservation and to enter into contract and shall by the said other aspects relating to biodiversity.16 The name sue and be sued”.13 The NBA performs NBA and SBBs consult the BMCs while functions such as laying down the procedures taking any decision relating to the use of and guidelines to govern the activities of the bioresources and knowledge associated with SBB and BMC by providing them with the such resources occurring within the territorial technical support and guidance. NBA takes jurisdiction of concerned BMC. Here the all the decisions related to ABS, including BMC may levy charges for accessing or ______ISBN No. 978-93-5396-760-4 126
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collecting bioresource for commercial 1. Balakrishna P. and Ravikatta S. K. 2014. purpose, within its territorial jurisdiction.17 Access and benefit sharing as an innovative Apart from all this the BMC has a very financing mechanism, Asian Biotechnology important function i.e. documentation of the and Development Review, 16 (2): 53-70. PBRs (Peoples Biodiversity Registers). PBR 2. Venkataraman K. 2008. Access & Benefit is an important document because it is the Sharing & the Biological Diversity Act of authentic database on local biodiversity, on India: A Progress Report. Asian availability and knowledge of local Biotechnology and Development Review. 10 bioresources, their medicinal or any other use (3): 69-80. and traditional knowledge associated with 3. Biodiversity Access and Benefit–Sharing them.18 Till 8 January 2020 2,05,794 BMCs Policies for Protected Areas. 2003. UNU/IAS have been constituted against 2,52,709 Report. panchayats.19 4. CBD (Convention on Biological Diversity). 1992. The Convention on Biological Conclusion Diversity. The Nagoya Protocol will finally 5. Nagoya Protocol on access to genetic provide the world with an instrument truly resources and the fair and equitable sharing supportive of national ABS laws and policies of benefits arising from their utilization to to end biopiracy and restore fairness and the Convention on Biological Diversity. equity in the exchange of genetic resources. 2010. Text and Annex Secretariat of the The objectives of Nagoya Protocol make a Convention on Biological Diversity direct link between benefit sharing and Montreal. United Nation. appropriate access. Hence, legal access under 6. Section 18 of the Biological Diversity Act these two instruments is upon PIC and benefit 2002. http://nbaindia.org. sharing through MAT (Mutually Agreed 7. Section 23 of the Biological Diversity Act Terms). Before CBD and ABS biodiversity 2002. http://nbaindia.org. was treated as an open access resource and 8. Section 41 of the Biological Diversity Act suffered from exploitation. The ABS concept 2002. http://nbaindia.org. accomplishes two important things, firstly, it 9. Section 3 of the Biological Diversity Act allocates responsibility for taking action to 2002. Certain Persons not to undertake the provider countries, through the principal biodiversity related activities without of self-sovereignty. Secondly, it internalizes approval of national biodiversity Authority. the commercial value of genetic resources http://nbaindia.org. and how it contributes to research and 10. Richerzhage C. 2011. Effective governance development users of genetic resources have of access and benefit-sharing under the to share the benefit they gain from the use of Convention on Biological Diversity. bio-resources. Ultimately, only on the basis Biodiversity Conservation. 20: 2243–2261. of fair and equitable sharing of benefits can 11. Wilson N. 2015. Guidelines for access and the conservation and sustainable use benefit sharing for utilization of biological objectives of the CBD be finally realized. resources based on Nagoya Protocol ABS do not only take part on conservation Effective. Journal of Intellectual Property and benefit sharing; it can also have a large Rights. 20 (1): 67-70. impact on provider countries economic and 12. Global Biodiversity Outlook 2014. social situation. www.cbd.int 13. NBA, Access and Benefit Sharing References Experiences from India. National
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Biodiversity Authority, Chennai. International Journal of IP Management. 5 www.nbaindia.org (3/4): 254-265. 14. Section 19 of the Biological Diversity Act 18. People’s Biodiversity Register - Lessons 2002. http://nbaindia.org. Learnt. 2000. Madhav Gadgil, Center of 15. Section 24 of the Biological Diversity Act Ecological Sciences- Indian Institute of 2002. http://nbaindia.org. Science, Bangalore. 16. Section 41(1) of the Biological Diversity Act 19. List of Biodiversity Management 2002. http://nbaindia.org. Committees. http:// nbaindia.org 17. Padmavati M. 2012. Traditional Knowledge Register of India: Techno-legal issues,
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MkW- 'khrkHk 'kekZ lgk;d vkpk;Z] fgUnh foHkkx dkuksfM+;k efgyk egkfo|ky;] t;iqj E-mail: [email protected]
**nsork t+eh is vk,axs] bl rjg eSa lksprk gh jg x;kA esjs cPpksa us pk¡n dks Nw fy;k] pk¡n dks eSa iwtrk gh jg x;kA** ¼MkW- v'kksd /kuokfM+;k½ mUuhloha 'krkCnh esa Hkkjr esa vk/kqfudrk dh vo/kkj.kk us izos'k fd;kA ge ftl izd`fr dks vf/k$vkRe 'kCn ls v/;kRe 'kCn dk fuekZ.k iwT; ekudj ge vkLFkkoku cus mls gekjh gqvk gS ftldk vk'k; gS vkREk dk Å/oZ xeu vKkurk le>k tkus yxk fdUrq ;g vFkkZr~ gekjh psruk dk fodklA psruk ds rFkkdfFkr vk/kqfud ckSf)d dgs tkus okyksa fodkl esa izk.kk;ke&/;ku&;ksx dh eq[; dh vKkurk Fkh D;ksafd nkrk ds izfr gekjk Hkwfedk gSA lIr_f"k;ksa ds Kku dks xkSre cq) d`rKrk dk Hkko dk izdVhdj.k gesa gekjh us lekt esa izpkfjr fd;kA ckS)ksa ls fl)] iwoZt ijEijk ls izkIr gS bls vaxzsth esa fQj ukFk izorZu] "kV~pØ ;ksx dh uohu [kkst ls le>k tkrk gS ds lkFk ;g xksj[kukFk us fd;kA orZeku esa 'Attitude of Gratitude' ftlds fy, vaxzsth esa ,dek= 'kCn fgeky; ;ksxh MkW- vo/kwr f'kokuan ukFk ijEijk 'Thanx' gSAdfo jke/kkjh flag *fnudj* ds 'kCnksa esa & ds ,d ek= thfor fl) gSA izR;sd euq"; ds **iwtuh; dks iwT; ekuus esa tks ikap 'kjhj gSa & 1- vUue; dks"k ¼Physical ck/kkØe gSA body½] 2- izk.ke; dks"k ¼Etheric body½] 3- ogh euqt dk vgadkj gS] ogh euqt eukse; dks"k ¼Emotional body½] 4- Kkue; dk Hkze gSA** dks"k ¼Mental body½] 5- vkuane; dks"k ¼Astral gekjs ikjEifjd Kku dh ,d le`) body½ vkSj lqnh?kZ fojklr gekjs ikl gS tks gesa gekjs iwoZtksa ls ih<+h&nj&ih<+h gLrkarfjr gksrh jgh ekuo 'kjhj esa dqy 72 gtkj ukfM+;k gSA gekjh ;g lEink laLd`r esa jfpr pkj osn bu lw{e 'kjhjksa esa tky dh Hkkafr QSyh gSA & 1- _Xosn] 2- ;tqosZn] 3- lkeosn] 4- buesa ls bM+k&fiaxyk&lq"kqEuk rhu izeq[k vFkoZosn rFkk Ng 'kkL= & 1- U;k; nk'Zu ukfM;k¡ es#n.M+ ds lekukUrj Åij rd tkrh ¼egf"kZ xkSre½ 2- oS'ksf"kd n'kZu ¼egf"kZ d.kkn½] gSA bM+k&fiaxyk ukfld rd tkdj #d tkrh 3- lka[; n'kZu ¼egf"kZ dfiy½ 4- ;ksx n'kZu gSA lq"kqEuk fiuh;y xzfUFk ij tkdj lekIr ¼egf"kZ iratfy½] 5- ehekalk n'kZu ¼egf"kZ gksrh gSA fiuh;y xzfUFk esa vkRek dk okl gSA tSfeuh½ 6- osnkar n'kZu ¼egf"kZ O;kl½ rFkk ân; esa vaxq"B ek= izTTofyr T;ksfr esa vBkjg iqjk.kksa esa lqjf{kr gSA Hkkjrh; v/;kRe thokRek dk okl gS( ;g T;ksfr ân; ds dsUnz dh mRifRr o fodkl gekjs _f"k&eqfu;ksa }kjk esa jguh pkfg,] bldk LFkku cnyus ij euq"; jfpr fofHkUu xzUFkksa ds ek/;e ls le>k tk dk thou vlarqfyr gks tkrk gSA ck;ha ukfldk ldrk gSA ls ok;q dk vkxeu pUnz Loj *g*] bls gh bM+k
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
ukM+h dgk tkrk gS blh izdkj nk;ha ukfldk yykV ds e/; fLFkr vt+uk pØ\] nks ls lw;Z Loj *B*] bls fiaxyk ukM+h dgk tkrk ia[kqfM;k¡] jax uhyk] lacaf/kr vax vk¡[k] xq# gSA bu nksuksa ds lq"kqEek ls esy dks *gB ;ksx* rRo] ea= & *Å¡* dgk x;k gSA xgjh yEch 'okalksa }kjk izk.k ekuo flj ij Åij dh vksj [kqyk lglzkj ÅtkZ dk fu;eu djuk gh izk.kk;ke gSA pØ] gtkj ia[kqfM;k¡] jax cSaxuh] lacaf/kr vax efLr"d] ije rRo f'koA ea= & *Å¡* ;g rhuksa ukfM+;k¡ es#n.M ij 'kjhj ds Ng dsUnzksa ij feyrh gSa ;gk¡ pØ gSaA ;gh pØ lk/kd O;fDr dks czãk.M dh ÅtkZ ls tksM+us dk ek/;e gaSA ¼Infinite½ *vuar* vFkkZr~ ml ijelRrk ls *var* ¼Finite½ vFkkZr~ lk/kd dk tqM+ tkukA bls vkSj lgt djsa rks euq"; esa fon~;eku lhfer ÅtkZ dk czãk.M dh vlhfer ÅtkZ ¼cosmic energy½ ls tqM+ tkuk vkSj vius ikapksa 'kjhjksa dks iq"V djukA
pØ dh vkd`fr dks dey iq"i ds leku crk;k x;k gS izR;sd pØ esa ia[kqfM+;ksa ¼patates½ dh la[;k o mldh mtkZ dk viuk jax gS] izR;sd pØ 'kjhj ds fuf'pr vaxksa dks 'kfDr lac) loZizFke 'kkjhfjd vH;kl ¼Exercise½ djus dk dk;Z djrk gSA bUgsa tkxzr djus ds fQj izk.kk;ke ls ukM+h ekxZ iz'kLr djrs fy, izR;sd pØ ds fy, cht ea= /ofu gq,] /;ku djus ij ;g pØ tkxzr gksrs gSaA fu/kkZfjr gSA izR;sd pØ dks lfdz; djus dk ,d ea= gSA izFke pØ *ewyk/kkj* es#n.M ds vkjEHk esa uhps /;ku djrs le; dEcy ds vklu ij cSBsa dh vksj [kqyk gS] blesa pkj ia[kqfM+;k¡ gSa] jax ftlls ÅtkZ 'kjhj esa gh laxzfgr gks ldsA yky] lEcaf/kr vax ekalis'kh o gfM~M;ka] ;g 'kjhj ls dksbZ Hkh bysfDVªd midj.k Li'kZ uk i``Foh rRo iz/kkuA bldk ea= *ya* gSA djsaA /;ku dHkh Hkh] dgha Hkh fd;k tk ldrk gSA gj fLFkfr esa czãk.Mh; ÅtkZ lk/kd dks ukfHk ls pkj vaxqy uhps Lokf/k"Bku pØ] Ng ia[kqfM;k¡] jax ukjaxh lEcaf/kr vax gkeksZUl] gh izkIr gksxh lkFk gh og LFkku o okrkoj.k tuukax ty rRo iz/kkuA bldk ea= *oa* Hkh ifo= gksus yxrk gSA ukfHk LFkku ij *ef.kiqj pØ] nl ia[kqfM+;k¡] /;ku&;ksx ls czãk.Mh; mtkZ ¼ jax ihyk] lacaf/kr vax ikpu ra= o fdMfu;k¡] cosmic ½ lk/kd dh 72 gtkj ukfM+;ksa o LFkwy vfXu rRo iz/kkuA ea= & *ja*s energy 'kjhj ds izR;sd vax&izR;ax esa izokfgr gksus ân; dsUnz LFkku ij vukgr pØ] ckjg yxrh gSA ÅtkZ ds izokg ls 'kjhj esa dEiUu ia[kqfM;k¡] jax gjk gS lacaf/kr vax ân;] QsaQM+s] ¼vibration½ gks ldrk gS] xehZ yx ldrh gSA ok;q rRo iz/kkuA ea= & *;a* xys ij fo'kqf) pØ] lksyg ia[kqfM;k¡] jax lk/kuk esa ewyk/kkj ij fLFkr Lo;aHkw f'kofyax vklekuh] vkdk'k rRo iz/kku ¼/ofu½ lacaf/kr gS bl ij lk<+s rhu dq.Myh ekjs /koy o.kZ vax xyk] tcM+k] ukd] dku] ea= & ga lfiZ.kh gS ftldk Qu f'kofyax ij fLFkr gSA ;gh lq"kqIr eka Hkxorh 'kfDr gSA bls gh
______ISBN No. 978-93-5396-760-4 130
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts' dq.Mfyuh 'kfDr rFkk blds tkxj.k dks d`rKrk Hkko j[kuk vko';d gS] blhfy, dq.Mfyuh tkxj.kA pØ tkxj.k ds i'pkr~ dchj us xq# dh egRrk izfrikfnr dh gS& dq.Mfyuh lq"kqEuk ukM+h ekxZ ls Å/oZ xeu **xq# xksfoUn nksÅ [kM+s] dkds ykxwa ik;A djrh gqbZ lk/kd ds pØksa ij fLFkr lafpr cfygkjh xq# vki.ks( us xksfoUn fn;k crk;AA** deksZ dk Hk{k.k djrh gqbZ *czãk&fo".kq&#nz* xzfUFk;ksa dk Nsnu o pØksa dk Hksnu djrh gqbZ dke] Øks/k] en] yksHk] eksg tSls fodkjksa dks lglzkj ij fLFkr ije rRo ¼f'ko½ ls ,dkdkj R;kxrs gq, tSls&tSls lk/kd ;k=k esa v/oZxeu gksrh gSA djrk gS] mldk vkarfjd ifj"dkj gksus yxrk gS vkSj og *v;a fut ijksosfr x.kuk* ls Åij fo'o esa loZ izkphu Hkkjrh; lukru /keZ esa mBrk gqvk mnkj ân; gksdj *clq/kSo bUgsa f'ko&'kfDr uke ls tkuk tkrk gS] phu dqVqEcde~* ds Hkko dks pfjrkFkZ djrk gqvk esa fou&;su] rks bZlkbZ bls male-female lr~] fpr~] vkuan esa Mwcrk mrjkrk] yksd ls uke ls tkurs gSaA pØ tkxj.k ds lkFk ijyksd rd ds xwg~;Hksnksa dk ifjp; ikrk] energy gh lk/kd dk thou ldkjkRed :i ls cnyus v"Vflf);ksa dk Lokeh gksdj Hkh fHk{kqd lk yxrk gS] LokLF; ds lkFk lkalkfjd mUufr fujhg og] Kku nku lsok dks rRij jgrk gS] ds ekxZ iz'kLr gksus yxrs gSaA lEiw.kZ HkkSfrd lHkh dqN ml ijelRrk dks lefiZr dj nsrk lq[k le`f) izkIr dj] muds ;ksxdk vkuan gSA izkIr dj og oSjkX; dh vksj mUeq[k gksrk gqvk vk/;kfRed mUufr djrk gS vkSj czãk.M ds orZeku thou 'kSyh] oS'ohdj.k dk nkSj xw<+ jgL;ksa dk Kku izkIr djrk gqvk] *Lo* cktkjhdj.k dk ek;k tky] c<+rk vkSj *ij* ds Hksn ls Åij mBrk ,dfnu eks{k O;olk;hdj.k rFkk oSKkfud vuqla/kku bR;kfn dh izkfIr djrk gSA us tgk¡ ,d vksj HkkSfrd lq[k lqfo/kkvksa ls thou dks lgtrk nh gS] LFkwy nsg dks vkjke bl ekxZ esa og v"V flf);ksa & 1- vf.kek 2- fn;k gS rks c<+rh ;kaf=drk us mruh gh efgek 3- xfjek 4- yf?kek 5- izkfIr 6- izkdkE; laosnughurk vkSj ekufld v'kkafr Hkh nh gSA 7- bZf'kRo 8- of'kRo bR;kfn dh izkfIr Hkh djrk volkn xzLr] u;h ih<+h esa c<+rh vijk/k gS fdUrq bu flf);ksa esa uk vVdus dh psrkouh izo`fRr ls lekt esa O;fHkpkj vkSj Hk; dk mls mlds xq: }kjk Li"V :i ls nh tkrh okrkoj.k fujarj c<+ jgk gS ,sls fodV le; gSA esa gekjh ;g ikjEifjd ckSf)d lEink u flQZ **fNfr] ty] ikod] xxu] lehjkA iap rRo Hkkjr o"kZ vfirq lEiw.kZ fo'o ekuo ds fy, bfg cuk ljhjkAA** mi;ksxh] ykHkdkjh gh ugha vfirq Lor% gh ¼rqylhnkl½ vifjgk;Z gks tkrh gS] euksfoKku] vius bl v/;kRe Hkkx esa 'kjhj dh egRoiw.kZ fl)kUrksa vkSj iz;ksxksa ls ekufld fpfdRlk dk Hkwfedk gSA iap rRo fufeZr bl 'kjhj }kjk gh iz;kl djrk gS] blesa vFkZ dh Hkh egRoiw.kZ ;g ;k=k iw.kZ dh tk ldrh gSA vr% nsg dk Hkwfedk gksrh gS fdUrq Hkkjrh; v/;kRe LoLFk jguk vifjgk;Z gSA fu%'kqYd] ekuo eu vkSj ru dk mipkj djrk gS] blds vufxur ,sfrgkfld izlax izek.k psruk ds fodkl dh bl ek=k esa *xq:* vFkkZr~ Lo:i miyC/k gSaA bu izlaxksa ls ;g Hkh ekxZn'kZd ,d vifjgk;Z dM+h gSA fl)Ro dks izekf.kr gqvk fd gekjs ikl xgu vuqla/kku o izkIr xq# gh O;fDr dks ml ijelRrk ls xw<+ Kku dh bruh le`) ijEijk gksrs gq, Hkh tksM+us dk egRoiw.kZ dk;Z djrk gS] mlds izfr dHkh gekjs iwoZtksa us bl ij *LokfeRo
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
,dkf/kdkj* dk fopkj rd ugha j[kk vfirq vius izkphu oSKkfud 'kks/k rFkk ikjEifjd bl Kku ykHk ds fy, lEiw.kZ ekuo tkfr ds Kku ij gesa fo'okl ughaA fo'okl ugha rks fy, leku :i ls }kjk [kksy fn;sA bl ij *xoZ* Hkh ugha djrs vkSj xoZ ugha rks mls n`<+rk ds lkFk vkpj.k esa ugha mrkjrs ftl fo'ofotsrk ,ysDts.Mj fldUnj us vkSj fQj bls vkxs dh ihf<+;ksa dks gLrkarfjd iatkc esa Hkh"k.k dRysvke fd;k] mlds ds djus dh rks vko';drk gh ugha jg tkrh vlk/; jksxxzLr gksus ij] iatkc ds ,d blhfy, ge gekjh ikjEifjd ckSf)d lEink vuqHkoh oSn~; }kjk fuLokFkZ Hkko ls mipkj dj dk laj{k.k djus esa vleFkZ gSaA mls jksxeqDr djuk] vkSj lnk ds fy, bl Hkwfe dh ohjrk vkSj izse dks laLd`fr ls izekf.kr lEiw.kZ /kjk ij ewY;ksa dh iquLFkkZiuk dh 'kfDr gksdj fo'o fotsrk ds LoIu dks v/kwjk NksM+] rFkk ekuork dh m)kjd ,dek= laLd`fr ;fn viuh Hkwfe ij ykSV tkukA ukyank dksbZ gS rks og fgUnqLrku dh laLd`fr gS dksbZ fo'ofo|ky; ds vk;qosZn foHkkx vkpk;Z }kjk /keZ gS rks og gS lukru oSfnd /keZ] ;fn dksbZ ,d rqdZ yqVsjs cf[r;kj fcyth dks LoLFk dj tkfr gS rks og gS fgUnw tkfr] ;fn xzUFk gSa rks nsus ij vk;qosZnkpk;Z ds lkFk gh gtkjksa ckS) osn vkSj 'kkL= vko';drk blds fo'kq) :i fHk{kq fo|kfFkZ;ksa dk dRys vke dj ukyank dks igpkuus dh rFkk bl ij xoksZUur Hkkyksa fo'ofo|ky; dks vfXuLukr dj nsuk ¼1199 dh] Hkkjr eka ds ykyksa dh tks vnE; lkgl bZ-½ rhu ekg rd gekjs vusd 'kks/k xzUFk /kw&/kw ds lkFk bls iqu%LFkkfir dj ldsa vkSj Hkkjr dj tyrs jgsA r{kf'kyk&foØe f'kyk ds Hkh dks iqu% fo'oxq# LFkku ij vklhu dj ldsa] HkXuko'ks"k Hkh ,slh gh dgkuh dgrs gSaA ujsUnz rc gh ge ;g xoZ ls dg ldsaxs & uked ;qod dk 1893 esa] f'kdkxks esa gq, **;wuku felz jksek lc feV x;s tgk¡ ls] fo'o/keZ lEesyu ls foosdkuan cudj ykSVuk] dksbZ rks ckr gS fd gLrh feVrh ugha gekjhA csfYt;e ls vk;s bZlkbZ fe'kujh Qknj dk o"kksZa jgk gS nq'eu nkSj&,&tgk¡ gekjkA fey cqYds dk ;gk¡ dh Hkk"kk vkSj laLd`fr ls lkjs tgk¡ ls vPNk fganksLrka gekjkA** izse o lukru /keZ ds izfr n`<+ fo'okl] teZu ¼eqgEen bd+cky½ oSKkfud vkbaLVhu dk *Jhen Hkkxor xhrk* foyMwj.V] eSDlewyj] 'kkisu gkoj] ij fo'okl tSls vusd mnkgj.k fo'o xq# dgs tSdks ykgj tSls dk izfrf"Br if'peh fopkjdksa tkus okys Hkkjr dh le`) ckSf)d lEink ds us Hkh ,d Loj esa Hkkjr o"kZ dh egRrk dks mlds fo'oO;kih izHkko dks izekf.kr djrs gSaA Lohdkjk gSA 21 twu *fo'o ;ksx fnol* dk fu/kkZj.k] uhe **vxj dksbZ ns'k gS tks ekuork ds fy, cklerh pkoy] gYnh] xkSew= bR;kfn ij iw.kZ vkn'kZ gS rks ,f'k;k dh vksj v¡xqyh vesfjdk }kjk LokfeRo ,dkf/kdkj ¼isVsUV½ dk mBkÅ¡xk tgk¡ Hkkjr gSA** esDlewyj½ Hkkjr dks iqu% fey tkuk] izkphu dky ls vkt lanHkZ rd dh gekjh mnkj vkSj le`) ijEijk dk 1- MkW- vo/kwr f'kokuan] f'ko;ksx Ük`a[kyk izek.k gSA 2- dchj xzaFkkoyh fdUrq fpark dk fo"k; ;g gS fd vkt ge brus ckSf)d vkSj vk/kqfud gks x;s gSa fd
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Biodiversity : A Review
Dr. Nidhi Gupta Associate Professor, Department of Chemistry Kanoria PG Mahila Mahavidyalaya, Jaipur E-mail: [email protected]
Abstract The loss of biological diversity is a global crisis. There is hardly any region on the Earth that is not facing ecological catastrophes. Of the 1.7 million species known to inhibit the Earth (human are just one of them), one third to one fourth is likely to extinct within the next few decades. Biological extinction has been a natural phenomenon in geological history. But the rate of extinction was perhaps one species every 1000 years. But man’s intervention has speeded up extinction rates all the more. Between 1600 and 1500, the rate of extinction went up to one species every 10 years. It is estimated that about 50 species are being driven to extinction every year, bulk of them in tropical forest, due to human interference. In this paper status, definition and importance of biodiversity have been discussed.
Keywords : Biodiversity, Ecosystem, WRI and WB
Introduction For much of the time man lived in a hunter- Concept of Biodiversity gather society and thus depended entirely on The concept of biodiversity (synonyms with biodiversity for sustenance. But with the biological diversity) has been known to man increased dependence on agriculture and ever since he began to minutely observe the industrialization, the emphasis on living being around him. The term biological biodiversity has decreased. Indeed, the diversity was used by Robert E. Jenkins and biodiversity, in wild and domesticated forms, Thomas Lovejoy in 1980. The word is the source for most of humanity, food, biodiversity itself may have been coined by medicine, clothing and housing, much of the W. G. Rosen in 1985. The term biodiversity cultural diversity and most of the intellectual was used as the title for a symposium and spiritual inspiration. It is, without doubt, organized by national Research council in the very basis of life. Further that, a quarter Washington in 1986. At about that time, as of the earth’s total biological diversity people became more aware of the extinction amounting to 1.7 million species, which crisis, biodiversity emerged as a significant might be useful to mankind in one way or issue. It was given concrete expression in other, would be in serious risk of existence the World Resources Institute (WRI), over the next 2-3 decades. On realization that World Bank (WB), International Union of the erosion of biodiversity may threaten the Nature and Natural Resources (IUCN) and very existence of life has awakened man to World Wide Fund for Nature (WWF) take steps to conserve it. In this paper, publications concerned with conservation of concept, types and importance of biodiversity world’s biological diversity. However, have been discussed. biodiversity did not became a familiar term to general public until the United Nations Conference on the Environmental and Development (UNCED) held at Rio de
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Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Janerio (Brazil) in 1992. The Conference laid kinds of genetic diversity can be seen at all immense stress on the biological diversity of levels of organization, including the our earth planet and the need to preserve it for amount of DNA per cell, chromosome posterity. It defined the biodiversity: structure and their number. Genetic diversity ‘Biodiversity means the variability among provides the raw materials for adaptation to living organisms from all sources including, changing environment and for the natural inter alia, terrestrial, marine and other aquatic selection to act upon. If a species has more ecosystems and the ecological complexes of genetic variability, it can adapt better of to the which they are part; this includes diversity changed environment. The amount of genetic within species, between species and of variation is the basis of the evolution of new ecosystems (1). This is the single legally life forms (speciation). It has a key role in the accepted definition of biodiversity adopted maintenance of biodiversity at species levels by the UN convention on Biological (2). Diversity. The most straight forward definition of biodiversity is the variation of Species diversity (Diversity among species) life at all levels of biological organization. It It refers to the variety of species within a includes diversity of forms right from the region, i.e. the number of species per unit area molecular unit to the individual organism and at the site (species richness). An estimated 1.7 then on to the population, community, million species have been described to date. ecosystem, landscape and biosphere levels. In Species are the primary focus of evolutionary the simplest sense, biodiversity may be mechanisms and therefore the origin and defined as the sum total of species richness, evolution of species are principle agents in i.e. the number of species of plants, animals maintenance of global biodiversity. and microorganisms occurring in a given region, country, continent of the entire globe. Ecosystem Diversity (Diversity at the level Broadly speaking, the term biodiversity of Community/ Ecosystem) includes genetic diversity, species diversity, In an ecosystem there may exist different ecosystem diversity and habit diversity. landforms, each of which supports different Genetic diversity (Diversity of genes within but specific vegetations. Ecosystem diversity a species) in contrast to genetic and specific diversity is Genetic diversity refers to the variation of difficult to assess quantitatively since the genes among the population and the boundaries of the communities, which individuals of the same species. There are constitute the various sub-ecosystems are about 1.7 million known species of living elusive. Ecosystem diversity could best forms on the earth. Each one stores an understood if one studies the communities in immense amount of genetic information. For various ecological niches within the given example, the number of genes is ~35,000 in ecosystem; each ecosystem is associated with Homo sapiens. Genetic variation within defined species complexes. These complexes species constitutes distinct populations of the are related to composition and structure of the same species or genetic variation within ecosystem (3). population or varieties. Genetic variations represent the differences in the sequence of Habitat diversity bases in nucleotides, which constitutes the It involves more than just the kind of genetic code. Genetic variations are due to communities and species. It depends on the gene mutations, and in an organism with spatial arrangement of habitats across a large sexual reproduction these can spread by and on the fluxes of energy, nutrients, crossing-over and recombination. Other disturbances and organisms across the area. ______ISBN No. 978-93-5396-760-4 134
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Ecological use three different terms for consequently is more productive. The loss various practical measures of biodiversity: of a species is thus likely to decrease the ability of the system to maintain itself or to Alpha diversity recover from damage or disturbance. Just like It refers to diversity within a particular area, a species with high genetic diversity, an community or ecosystem, and is measured by ecosystem with high biodiversity may have a counting the number of texa within the greater chance of adapting to environmental ecosystem (usually species). change. In other words, the more species comprising an ecosystem, the more stable the Beta diversity ecosystem is likely to be. It refers to species diversity between ecosystems and is measured by comparing Economic role of biodiversity the number of texa that are unique to each of For all humans, biodiversity is first a resource the ecosystems. for daily life. One important part of biodiversity is crop diversity, which is also Gamma diversity called agrobiodiversity. Most people see It is a measure of overall diversity for biodiversity as a reservoir of resources to be different ecosystems within a region. drawn upon for the manufacture of food, pharmaceutical, and cosmetic products. Species diversity in natural habitats is a high Some of the important economic in warm areas and decreases with increasing commodities that biodiversity supplies to latitude and altitude. On land, diversity is humankind are: higher in areas of higher rainfall and lower in drier areas. Tropical moist forests Modern Agriculture undoubtedly, are the richer areas. These Biodiversoty is used as a source of material comprise only 7% of the world surface area, for breeding improved varieties, and as but contain over 90% of all species. In India biopesticides, biofertilizers etc. we are endowed with a rich diversity of biogeographically distinct regions due to Food: Crops varying physical conditions and species livestock, forestry and fish. Mangroves and groupings. coral reefs in coastal zone support fisheries.
Important of Biodiversity Medical drugs The Benefits of Biodiversity to mankind are: Wild plant species have been used for medicinal purposes since before the Ecological role of biodiversity beginning of recorded history. For example, All species provide some kind of function to quinine comes from the cinchona tree (used an ecosystem. They can capture and store to treat malaria), digitalis from the foxglove energy, produce organic material, plant (chronic heart trouble), and morphine decompose organic material, help to from the poppy plant (pain relief). According recycle water and nutrients throughout the to the National cancer Institute, over 70% of ecosystem, control erosion or pests, fix the promising anti-cancer drugs come from atmospheric gases, and help regulate plants in the tropical rainforests. It is climate. These physiologically processes are estimated that of the 2,50,000 known plants important for ecosystem function and human species, only 5,000 have been investigated survival. Diverse is the ecosystem better for possible medical applications. able to withstand environmental stress and ______ISBN No. 978-93-5396-760-4 135
Proceedings of National Seminar on 'IPR Management in Biodiversity Conservation: Implications of Access Benefit Sharing, TRIP/CBD and Biodiversity Acts'
Industry species. Indeed, the biodiversity in wild and Fibers are used for clothing, wood for domesticated form is the source for most of shelter, energy and various other uses. humanity’s food, medicine, clothing and Biodiversity may be a source of energy housing, much of the cultural diversity, and (such as biomass). Other industrial products most of the intellectual and spiritual are oils, fragrances, dyes paper, waxes, inspiration. It is without doubt, the very basic rubber, latexes, resins, poisons, and cork, of man’s being. It is belived that ¼ of the which all can be derived from various plant known biodiversity, which might be useful to species. Supplies from animal origin include mankind in one way or the other, is in wool, silk, fur, leather, lubricants and waxes. serious risk of extinction. This calls for Animals may also be used as a mode of an integrated approach for conserving transport. global biodiversity.
Aesthetic and Cultural Benefits Conclusion Biodiversity has great aesthetic value. The phenomenon of biodiversity is very vast, Examples of aesthetic value include eco- complex and independent. It is obvious that tourism, bird watching, wildlife, gardening, biodiversity important for both managed and etc. Eco-tourism is a source of economical natural ecosystems. If current human growth wealth for many areas, such as many parks and resource management patterns do not and forests, where wild nature and animals change, it is likely that we will lose many are a source of beauty and joy for many important species, and the ecosystems of the people. Biodiversity is also part of many world may never recover. Human is only one cultural and religious beliefs. In many Indian more of natural creatures and should not be villages and towns, plants like Ocimum alien to the other life-forms. We have no sanctum (Tulsi), Ficus religiosa (Pipal), and moral right to destroy nature and other beings Prosopis cineraria (Khejri) and various that dwell on earth. We should treat all other trees are considered sacred and animals and plants with compassion. Every worshipped by the people. Several birds, individual can make a small and yet animals and even snake have been significant effort in the race to save our planet considered sacred. Also, we recognize and conserve biodiversity. several animals as symbols of national and heritage. References 1. Agrawal, K. C. (2009). Biodiversity: Scientific Role of Biodiversity Concept, Conservation and Management. Biodiversity is important because each ISBN: 81-89153-05-6. species can give scientists some clue as to 2. Ahluwalia, V. K.; Malhotra, S. (2008). how the life evolved and will continue to Environmental Science. ISBN-13: 978-1- evolve on Earth. In addition, biodiversity 42007-069-9. helps scientists understand how life functions 3. Anderson, A. David (2010). and the role of each species in sustaining Environmental economics and Natural ecosystems. From above it is clear that the resource Management. ISBN- 13: 978-0- survival and well being of the present day 415-77904-3. human population, depends on several substances obtained from plants and animals. The nutritional needs of mankind are also met by wild and domesticated animal and plant
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Theme of the Seminar The last few years have seen significant developments related to Intellectual Property Rights (IPR) with respect to Biodiversity. Two major international agreements, both legally binding, deal with this issue : The Convention on Biological Diversity (CBD) and the Agreement of Trade Related Aspects of Intellectual Property Rights (TRIPs) of the World Trade Organization (WTO) along with concept of Access Benefit Sharing (ABS). There is a need to formulate a time bound programme with adequate monitoring, evaluation and mid course corrections to achieve the intended outputs and save our biodiversity. The seminar would provide platform to distinguished scientists, researchers, environmentalists, government officials and policy makers to come together to enrich our knowledge in understanding of Intellectual Property and its applications for sustainable development.
Objectives ØTo aware our young scientists about IPR and its importance ØTo identify new and innovative approaches for maintaining and conserving inventions. ØTo provide research and technical inputs to the preparatory process. ØTo foster multi-sectoral collaboration to encourage and mobilize participation of students and researchers in various conservation activities ØTo promote community action for socio-economic and eco-development by regulating access to biological resources so that historical "theft" of these resources by the more powerful sections of the global society can be stopped and communities are able to gain control and benefits from their use. ØTo promote the involvement of all the stakeholders in generating awareness regarding ØIPR uses and its implementation throughout the India.
Thrust Areas ØPatents, Copyrights and Trademarks ØRole of Institutions in creating awareness about IPR ØIP Protection to Traditional Knowledge ØAccess Benefit Sharing and IPR ØTRIP/CBD Agreements ØBioprospecting, Biopiracy and Biodiversity Management ØLaws and Policy Framework for Environmental Protection ØAwareness of laws regarding Intellectual Property Rights About the Institution Kanoria PG Mahila Mahavidyalaya was established in 1965 by Lt. Bhagirath Kanoria in aesthetic environs at Jawahar Lal Nehru Marg as the first institution of Higher Education for Women through grant-in-aid from the Government of Rajasthan. By making concerted efforts to collaborate with government organizations, NGOs and premier institutions, the college has been inculcating critical abilities, a scientific temper and an analytic and reflective approach in students. About 6500 students enrolled every year in 27 subjects in Science, Arts and Commerce streams for Bachelor's degree and 15 Master's programme. For further information, please refer to our website www.kanoriacollege.in
Kanoria PG Mahila Mahavidyalaya, Jaipur J.L.N. Marg, Jaipur- 302015, Rajasthan
Sponsored by Department of Science and Technology, Government of Rajasthan, Jaipur and Punjab National Bank, Bapu Nagar, Jaipur
ISBN No. : 978-93-5396-760-4