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Intellectual Property and biodiversity: interplay.

Ravi Bhola1, Shreya Dave1

  • 1K&S Partners, 4121/B, 6th Cross, 19A Main, HAL II Stage (Ext.), Bangalore - 560 038, India.

Pharmaceutical Patent Analyst
|May 10, 2017
PubMed
Summary
This summary is machine-generated.

India's Biological Diversity Act and Patents Act present potentially conflicting obligations. This review analyzes these domestic laws, suggesting improvements for effective implementation of biodiversity and intellectual property rights.

Keywords:
Intellectual Propertyaccess and equitable benefit sharingbiodiversity

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Area of Science:

  • Environmental Law
  • Intellectual Property Law
  • Indian Legislation

Background:

  • International agreements like the Convention on Biodiversity and TRIPS Agreement have domestic implications.
  • Indian legislation, including the Biological Diversity Act, 2002, and the Patents Act, 1970, reflects these potentially divergent objectives.
  • Understanding the interplay between biodiversity and patent law is crucial for effective governance.

Purpose of the Study:

  • To analyze the obligations under India's Biological Diversity Act, 2002, and Patents Act, 1970.
  • To identify intricacies and potential conflicts between these two key statutes.
  • To propose recommendations for the effective implementation of both biodiversity and patent laws in India.

Main Methods:

  • Review of Indian domestic legislation: Biological Diversity Act, 2002, and Patents Act, 1970.
  • Analysis of obligations and potential conflicts arising from these acts.
  • Comparative study focusing on the intersection of biodiversity law and patent law within the Indian context.

Main Results:

  • Divergent objectives and obligations exist between India's biodiversity and patent legislation.
  • Specific intricacies and potential areas of conflict have been identified within the analyzed statutes.
  • The current legal framework requires careful navigation to ensure compliance with both acts.

Conclusions:

  • Effective implementation of both the Biological Diversity Act and the Patents Act necessitates addressing their inherent complexities.
  • Suggestions are provided to harmonize the application of these laws, ensuring alignment with national and international obligations.
  • This review underscores the importance of a cohesive approach to managing biodiversity and intellectual property in India.