Edited Ppt Final Feb 6.2019 6q4n2b

IMPACT OF INTELLECTUAL PROPERTY RIGHTS ON BIODIVERSITY CONSERVATION AND SUSTAINABLE DEVELOPMENT

Allocation of IPR’s-over biological resource-may endanger sustainable growth of universe IPR has socio economic impact on human phase. The interactive balancing act between both the IPR and Biodiversity needs an hour. The current IPRs regime is mainly encouraging the commercialization of biodiversity and related traditional knowledge, monocultures, Protection of New plant varieties and genetically modified organisms, Bio -piracy which usually have a direct implication on biodiversity.

BIODIVERSITY

CONSERVATION ACCESS AND BENEFIT SHARING AND TECHNOLOGY TRANSFER

AGRICULTURE

INTELLECTUAL PROPERTY RIGHTS FOOD SECURITY

ENVIRONMENTAL BIOSAFETY

& RIGHT TO HEALTH

TRADITIONAL KNOWLEDGE

BIODIVERSITY CONSERVATION

INTELLECTUAL PROPERTY RIGHTS AND BIODIVERSITY CONSERVATION:

IPRs are composite of “ideas, inventions and creative expressions ”.It usually provides such a right to ownership would encourage for further innovation ,creativity and to the benefit of everyone. The main basic objective of CBD : • Conservation of biological diversity • Sustainable use of biodiversity components • Fair and equitable share of benefits arising out of genetic utilisation resource.  Transfer of technology (bio technology) is also one of the modes of achieving the objective of CBD, IPR is identified as one of the significant aspect of technology transfer.

Article 15 - generally focused on creating systems to facilitate the applications for access, resulting in individually structured benefit-sharing agreements, after negotiations between applicant, providers, and competent national authorities. TRIPS agreement 1995 deals with the intellectual property rights, which includes patent and sui generis system for plant variety protection invoked by UPOV. The Bonn Guidelines On Access To Genetic Resources And Fair And Equitable Sharing Of Benefit Arising Out Of Their Utilisation”, adopted by the Conference of the Parties to the CBD, provided a series of voluntary guidelines and decisionmaking tools developed that provide technical assistance to countries in implementing the CBD. Nagoya protocol, 2010 is the supplementary agreement to CBD 1992, it sets out the obligation on contracting parties. IPR related treaties are invoked by WIPO Cooperation treaty (PCT), 1970 and Patent Law treaty (PLT), 2000 .

Diamond vs. Chakarvarti (Supreme Court,447 U.S,303) •patent for a live, man-made microorganism.  new species of bacterium metabolizing hydrocarbons in a manner unknown in naturally occurring organisms using recombinant DNA processes. Issue- May a live, man-made microorganism be patented? Held - (Burger, C.J.) Yes. A live, man-made microorganism is a nonnaturally occurring composition and therefore may be patented

INTELLECTUAL PROPERTY RIGHTS AND AGRICULTURE: 1) 2) 3) 4)

Agriculture + Biodiversity= agro bio diversity. Globalisation of agricultural trade –threat to-global food security IPR extension-private rights on seed variety and agricultural research. TRIPS require all WTO to provide IPR protection to certain new plant variants, developing countries can choose to provide patents or develop a sui generis system to protect innovations in agriculture. 5) The establishment of the international institutional mechanisms, such as, the Convention on Biological Diversity (CBD) and the WTO and further, g of International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and International Convention for the Protection of New Varieties of Plants (UPOV) 1961, the growing importance and the global scope of IPRs in agricultural management and its sustainable use are well realized and recognized.

GM seeds were introduced in international market, 1994(V-Gurt) Use of terminator technology seeds-threat to human health Indian legislation: oSeed Bill 2004 is also urging its stand in regulating seed quality. oConstitution of the National Commission of Farmers, by Government of India -“Green Revolution to Ever-Green Revolution” (“water harvesting, soil health improvement, dissemination of new technologies, infrastructure development and application of science and biotechnology, and organic farming and farmers welfare the pivotal points triggering the new model) Rights of farmers - Indian Plant Variety Protection and Farmers’ Rights Act 2001 India has chosen to develop a sui generis system. By this the corporate breeders right are protected and involves threat on farmers.

IP RIGHTS AND FOOD SECURITY-RIGHT TO HEALTH:

 Food insecurity- central concern - developing countries - mal nutrition  International concern like Doha Ministerial Conference, the WTO emphasised that special and differential treatment is necessary to allow developing countries to take into their development needs, highlighting among them food security.  Similarly, the Plan of Action adopted by the World Summit on Sustainable Development (WSSD), 2002 to eradicate poverty and to increase food availability and affordability as well as the need to substantially reduce the number of people suffering from hunger.  Introduction of agro biotechnology is also in arise now to have possibly modified pro-vitamin-A rice for nutrition value.

Secondly the predominant “Right to health” is the fundamental right of every human being . Patenting plants which carry medicinal effect is the target of world countries especially for the life threatening diseases like HIV/AIDS epidemics.  possession of patent right by pharmaceutical companymonopoly-for years.

INTELLECTUAL PROPERTY RIGHTS AND TRADITIONAL KNOWLEDGE: Traditional knowledge is also one among the factor of bio diversity.  The knowledge of local communities, farmers and indigenous peoples, for instance plant varieties locally developed, wild and domesticated biological resources, knowledge of healers regarding medicinal and therapeutic properties of plants as well as on how to conserve these resources is now recognised precious for future development or even survival of mankind.  Biodiversity based farming system to monocultures is promoted through IPRs Biopiracy : commercial exploitation of biological materials

PATENT GRANTED ON TK BASED PRODUCTS TURMERIC CASE NEEM CASE BASMATI CASE JEEVANI DRUG (KANI TRIBE,INDIA) AYAHUASCA(TRADITIONAL MEDICINE USED BY NATIVE OF AMAZON) oThe patent for developing a bean named ‘Enola’ (of a particular yellow colour) was granted to Mr. Larry Proctor in 1999 . oTraditional Knowledge is a complex multi facet issue.

The WIPO established the Inter-Governmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (“IGC”) in 2000 to reconcile the international intellectual property regime with concerns relating to conservation of biological resources as well as those relating to effective protection for traditional knowledge. Thus main concern of protection of traditional knowledge should be regarding sustainable use of indigenous knowledge and benefit sharing. An international system may be more realistically based, at least in the short term, on a basic agreement on some essential elements of TK protection and the mutual recognition in national or regional level.

INTELLECTUAL PROPERTY RIGHTS AND ENVIRONMENTAL BIOSAFETY: o Genetically modified (GM) plants and animals pose new threats to the conservation of biodiversity.  International stand on CBD Article 19(3) makes obligation on parties to make appropriate procedure in managing the sale,handling and use of modified organism out of biotechnology for the conservation and sustainable use of biological diversity. •The Cartagena Protocol on Bio safety recognizes the adverse effect of transboundary movement of genetically modified organisms (GMO) on conservation and sustainable use of bio diversity. •Environmental release of GMO lead to: i. risk human health toxic on food ii. Use of chemicals in agricultural field iii. Nutritional value reduction iv. Genetic pollution v. High in cost for agriculture.

• India a diversified country, has substantial genetic diversity and is a centre of origin of many crop species • The Department of Biotechnology (DBT) and the Ministry of Environment & Forests (MoEF) are the two regulatory bodies. • In respect of CBD India enacted “The Biological Diversity Act 2002” to conserve and make Environment Impact Assessment raise of bio safety is out of the consequence on development of bio technologically transgenic organisms into the environment. • India is a pioneer country to introduce biosafety regulations .

INTELLECTUAL PROPERTY RIGHTS ACCESS AND BENEFIT SHARING AND TECHNOLOGY TRANSFER:

• (ABS) refers to the way in which genetic resource be accessed and benefit arising out of such resource be shared to the provider • of genetic resource can be of in -situ ( within ecosysytem) or exsitu(outside the ecosysytem). • Benefits arising out like monetary or non monetary benfits arising out of utilisation of genetic resource and their traditional knowlege are to be shared to the providing nation. • through Prior informed consent (PIC) and mutually agreed (MAT)

• Article 15 of the CBD, which was adopted in 1992 and provides a global set of principles for access to genetic resources, as well as the fair and equitable distribution of the benefits that result from their use. Competent National Authorities -bodies established by goverment to grant to and to represent the provider on local or national level. Bonn Guidelines: Voluntary guidelines intended to assist governments in the adoption of measures to govern access and benefit-sharing in their countries. No clear provision how benefits are distributed to the local community No standard contents of PIC and MAT

CONCLUSION: The recent increased awareness of the value of biodiversity, the need for its conservation and sustainable usage for present and future generation must be made essential for the growth of traditional knowledge(TK). The increased economic value of traditional knowledge has led to the search for better ways to access the knowledge through legal mechanism. The need for transfer of environmentally sound technology (EST) to developing countries has for a long time been seen as one of the major aspects of the process of sustainable development. At the International level, both procedural and substantive steps should be taken at both the CBD and the WTO that would enhance the ability of the agreements to be implemented in a mutually ive way.

To ensure realisation of the CBD’s goals and Sustainable development goals, parties should consider: (i) Insisting on permanent observer status in the council for TRIPS (ii) Developing strong guidelines for access and benefit sharing (iii) Providing additional comments on the role of intellectual property in access and benefit sharing. (iv) ing the conclusion of a binding international undertaking. The implementation of IP obligations from a sustainable development by striking an appropriate balance between innovation in one hand and to TK and TT on other hand and Creating appropriate mechanisms to local innovation. Thus IPR’s are out of governments to legislate for them and to determine their extent such rights must be seen in the pursuit of the objectives of sustainable development which leads to advancement of a nation.

Diamond vs. Chakarvarti (Supreme Court,447 U.S,303) • Brief Fact Summary- Chakrabarty (Plaintiff) sought to patent a live, man-made microorganism. • Synopsis of Rule of Law- A live, man-made microorganism is a non-naturally occurring composition and therefore may be patented. • Facts - Chakrabarty (Plaintiff) developed a new species of bacterium capable of metabolizing hydrocarbons in a manner unknown in naturally occurring organisms using recombinant DNA processes. The microorganisms exhibited great promise in the treatment of oil spills. Plaintiff applied for a patent, which was denied by the Patent Office (Defendant) on the basis that the microorganisms were products of nature and therefore unpatentable. The Board of Appeals affirmed. The Court of Customs and Patent Appeals reversed, and the United States Supreme Court granted review. • Issue- May a live, man-made microorganism be patented? • Held - (Burger, C.J.) Yes. A live, man-made microorganism is a non-naturally occurring composition and therefore may be patented.