INTELLECTUAL PROPERTY RIGHT IN

BIOLOGICAL SYSTEM

Presented By,
T.ARUNGANDHI(18MCOO1)
 IPR

Intellectual property rights refers to the general term for the assignment of
property rights through patents, copyrights and trademarks. These property rights allow
the holder to exercise a monopoly on the use of the item for a specified period.

IPR IN BIOLOGICAL SYSTEM

A biological patent is a patent on an invention

in the field of biology that by law allows the patent holder to exclude others from

making, using, selling, or importing the protected invention for a limited period of

time.
 BIODIVERSITY
Biodiversity is the variability among living organisms from all sources,
including terrestrial, marine, and other aquatic ecosystems and the ecological
complexes of which they are part; this includes diversity within species, between
species, and of ecosystems.

. BIODIVERSITY IN INDIA

 India is a megadiverse country with only 2.4% of the world's land area, accounts

for 7-8% of all recorded species .

 There are about 45,000 species of plants, which is about 7% of world's total.

 There are 91,000 animal species, representing about 6.5% of world's fauna.
 TRIPS
The Agreement on Trade-Related Aspects of Intellectual Property Rights
(TRIPS) is an international legal agreement between all the member nations of the
World Trade Organization (WTO). It sets down minimum standards for the regulation
by national governments of many forms of intellectual property (IP) as applied to
nationals of other WTO member nations.

.
CBD

The Convention on Biological Diversity (CBD) is an international legally-

binding treaty signed in 1992 with three main goals:

 conservation of biodiversity

 sustainable use of biodiversity

 fair and equitable sharing of the benefits arising from

the use of resources.

 Biological Diversity Act, 2002
An Act to provide for conservation of biological diversity, sustainable use of
its components, and fair and equitable sharing of the benefits arising out of the use of
biological resources.

According to this Act:

 A foreigner, non-resident Indian need to take permission from the NBA before
obtaining any biological resources or associated knowledge from India for research,
survey, commercial utilisation.

 Indian citizens or body corporates need to take permission from the concerned State
Biodiversity Board.

 Result of research using biological resources from India cannot be transferred to a

non-citizen or a foreign company without the permission of NBA.

 No person should apply for patent or other form of intellectual property protection
based on the research arising out of biological resources with out the permission of
the NBA.
.
 UPOV

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

UPOV is an intergovernmental organization with headquarters in Geneva, Switzerland.

The new variety must meet four criteria under the rules established by UPOV:

 The new plant must be novel

 The new plant must be distinct from other available

varieties.

 The plants must display homogeneity

 The uniqueness of the new variety must be stable

.
 International Seed Treaty

 The International Treaty on Plant Genetic Resources for Food and

Agriculture (IT PGRFA),popularly known as the International Seed Treaty signed in
2001, is a comprehensive international agreement in harmony with the Convention
on Biological Diversity, which aims at guaranteeing food security

 Food and Agriculture Organization of the United Nations (FAO) FAO

estimates humans have used some 10 000 species for food throughout history.

 However, only about 120 cultivated species provide around 90% of food
requirements and 4 species (Maize, Wheat, Rice and Potatoes) provide about 60% of
human dietary energy for the world's population.

 The objective of this treaty is to provide food security to those mention crops
by means of CBD policies.
.
 Case study: The Iguana
Management Program

 The Green Iguana of America is a highly prized source of meat and eggs.

 The species is now widely threatened because of excess hunting and habitat
destruction.

 A 'genetic brood stock' of adult iguanas which are larger, faster growing and
more productive has been developed and is called the Iguana Management
Programme (IMP).

 The IMP is based in Costa Rica but it is intended to implement it throughout

America and possibly elsewhere.

 According to the internationally recognized intellectual property law,the IMP

technique belongs to Costa Rica and the animal belongs to America.
.