Blog Details

Introduction

“Biodiversity is all the different kinds of life you'll find in one area—the variety of animals, plants, fungi, and even microorganisms like bacteria that make up our natural world. Each of these species and organisms work together in ecosystems, like an intricate web, to maintain balance and support life.”

Intellectual property rights (IPRs) law plays a significant role in relation to biodiversity by providing legal protection and incentives for the conservation and sustainable use of biodiversity-related resources. 

Key aspects of IPR and Biodiversity Relations 

• Patents and Plant Breeder's Rights: Patents and plant breeder's rights grant exclusive rights to inventors and breeders, respectively, over their new and distinct plant varieties. These rights stimulate innovation and investment in the development of new plant varieties, including those derived from biodiversity resources. By incentivizing research and development, these rights can promote the conservation and sustainable use of biodiversity by encouraging the development of improved crops and medicinal plants.

• Access and Benefit-Sharing (ABS) Mechanisms: ABS mechanisms ensure that the benefits arising from the use of genetic resources and traditional knowledge associated with biodiversity are shared equitably between the providers of those resources and the users. IPRs can serve as tools to support ABS by providing a framework for negotiating mutually agreed terms and conditions for accessing and using genetic resources and associated traditional knowledge.

• Traditional Knowledge and Traditional Cultural Expressions: IPRs law also recognizes the importance of protecting traditional knowledge and traditional cultural expressions related to biodiversity. Traditional knowledge held by indigenous and local communities has often played a crucial role in the sustainable management and conservation of biodiversity. Intellectual property frameworks, such as sui generis systems, can protect and promote the rights of indigenous communities over their traditional knowledge and cultural expressions, ensuring their participation, benefit-sharing, and preservation.

• Geographical Indications and Traditional Specialty Guaranteed (TSG) Labels: Geographical indications (GIs) and traditional specialty guaranteed (TSG) labels are forms of IPRs that protect products originating from a specific geographical region and possessing specific qualities or reputation linked to that region. GIs and TSG labels can support the conservation of biodiversity by promoting traditional agricultural practices, protecting traditional knowledge associated with local biodiversity, and fostering sustainable production systems.

• Protection of Biodiversity-related Innovations: IPRs law allows for the protection of biodiversity-related innovations, such as bio-prospecting efforts that lead to the discovery of new compounds with pharmaceutical, agricultural, or industrial potential. By granting exclusive rights to these innovations, IPRs incentivize the development of biotechnological solutions for conservation, sustainable agriculture, and ecosystem management.

Robust Indian Legal Framework

The country recognizes the importance of protecting its rich biodiversity and traditional knowledge while also fostering innovation and development. Here's an analysis of Indian IPR laws and their relationship with biodiversity:

Patents and Plant Varieties Protection: Indian patent law includes provisions that restrict the patentability of traditional knowledge and biological resources obtained from India's biodiversity. Section 3(d) of the Indian Patents Act establishes stricter criteria for patenting incremental innovations, preventing the grant of patents for mere modifications of known substances unless they demonstrate enhanced efficacy. This provision aims to prevent the misappropriation of traditional knowledge associated with biodiversity resources.

Similarly, the Protection of Plant Varieties and Farmers' Rights Act (PPV&FR Act) provides a sui generis system for the protection of new plant varieties while also recognizing and safeguarding the rights of farmers and breeders. This law encourages the conservation and sustainable use of plant genetic resources by facilitating access to genetic material and ensuring equitable benefit-sharing.

Access and Benefit-Sharing (ABS): India has implemented the ABS provisions of the Convention on Biological Diversity (CBD) through the Biological Diversity Act (BDA) and the Biological Diversity Rules (BDR). These laws regulate the access to biological resources and associated traditional knowledge, ensuring fair and equitable sharing of benefits arising from their use. Users of biological resources are required to obtain prior informed consent and negotiate mutually agreed terms with the providers. The BDA also establishes the National Biodiversity Authority (NBA) as the central authority responsible for overseeing ABS-related activities.

Traditional Knowledge Protection: India has taken steps to protect traditional knowledge associated with biodiversity through the Traditional Knowledge Digital Library (TKDL). TKDL is a repository of traditional knowledge documented in a digitized format, aimed at preventing the grant of patents on traditional knowledge by providing prior art evidence. This database helps prevent the misappropriation and exploitation of traditional knowledge by facilitating the examination of patent applications.

Traditional Cultural Expressions: Indian IPR laws, particularly copyright law, provide some protection to traditional cultural expressions related to biodiversity. Copyright law safeguards original artistic and literary works, which may include folklore, traditional songs, dances, and other forms of cultural expression. The protection of traditional cultural expressions promotes the preservation of cultural heritage associated with biodiversity and supports the rights and interests of indigenous and local communities.

Geographical Indications (GI): India has a strong GI regime that protects products associated with specific geographical regions and qualities. GIs help preserve traditional agricultural practices, promote rural development, and ensure the quality and reputation of products derived from biodiversity resources. Examples of Indian GIs include Darjeeling tea, Basmati rice, and Kanchipuram silk.

Conclusion

It's important to note that the relationship between IPRs and biodiversity is complex, and striking a balance between protecting intellectual property and ensuring equitable access to and fair benefit-sharing of biodiversity resources is crucial. International agreements like the Convention on Biological Diversity (CBD) and its Nagoya Protocol provide a framework for addressing these issues and promoting the sustainable use and conservation of biodiversity in the context of intellectual property.

While India's IPR laws and biodiversity-related provisions demonstrate the country's commitment to conservation and equitable access, challenges persist. Implementation and enforcement of these laws can be difficult, particularly at the local level. Strengthening awareness, capacity-building, and ensuring effective participation of local communities in decision-making processes are essential to enhance the effectiveness of Indian IPR laws in relation to biodiversity conservation and traditional knowledge protection.